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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Aug 24, 1990

Public Administrator v. Trump Village Construction Corp.

The plaintiff's decedent, an employee of subcontractor Crown Plastering Corp., suffered fatal injuries after falling from scaffolding during a renovation project. The court affirmed an order that granted partial summary judgment to the plaintiff Public Administrator regarding the liability of general contractor Charles Construction Corp. under Labor Law § 240 (1). It also affirmed partial summary judgment for property owner Trump Village Construction Corp. and lessee Manufacturers Hanover Trust Co. against Charles Construction Corp. for common-law indemnity, finding their liability vicarious. Charles Construction Corp.'s motion for summary judgment against subcontractor Crown Plastering Corp. was denied due to unresolved factual issues regarding comparative fault.

Summary JudgmentLabor Law § 240(1)Scaffolding AccidentWorker FallVicarious LiabilityCommon-Law IndemnityGeneral ContractorSubcontractor LiabilityProximate CauseAppellate Affirmation
References
11
Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. MISSING
Regular Panel Decision

Fra-Dee Construction Inc. v. Roberts

In 1983, Fra-Dee Construction, Inc. contracted with the Office of General Services for renovation work at the Alden Correctional Facility. A dispute arose over whether the work should be categorized as residential or building construction for prevailing wage purposes, with Fra-Dee paying the lower residential rate. An audit and subsequent administrative hearing determined that the higher building construction rate applied, and Fra-Dee was found liable for back wages, punitive interest, and a civil penalty. Although the violation was deemed non-willful due to inexperience, the Commissioner of Labor affirmed the determination. The court, however, modified the decision by reducing the punitive interest rate from 10% to 6%, while affirming the applicability of the building construction rate and remitting the matter for further proceedings.

Prevailing wagepublic worksLabor Law 220residential constructionbuilding constructionwage scheduleadministrative hearingArticle 78 proceedingpunitive interestnon-willful violation
References
1
Case No. 2015 NY Slip Op 01643
Regular Panel Decision
Feb 25, 2015

Quality Building Construction, LLC v. Jagiello Construction Corp.

This case concerns an appeal in a proceeding to confirm an arbitration award and discharge a bond. Jagiello Construction Corp. appealed an order that denied its cross-petition to vacate an arbitration award, which Quality Building Construction, LLC sought to confirm. The Appellate Division, Second Department, affirmed the Supreme Court's order. The Court held that Jagiello failed to meet its "heavy burden" to establish grounds for vacatur under CPLR 7511(b)(1). It found that Jagiello had sufficient notice of the arbitration hearing and was not prejudiced by a scrivener's error in the demand for arbitration that misidentified the claimant.

ArbitrationAward ConfirmationVacaturCPLR Article 75Appellate PracticeDue ProcessNotice RequirementsScrivener's ErrorPublic Policy ExceptionArbitrator Authority
References
9
Case No. MISSING
Regular Panel Decision

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
Case No. MISSING
Regular Panel Decision

Jaehn v. Lahr Construction Corp.

Plaintiff sustained injuries after falling while repositioning a prefabricated interior staircase at a construction site. The staircase abruptly fell into the stairwell, causing the plaintiff to fall on top of it. Plaintiff commenced an action seeking damages for these injuries, alleging liability under Labor Law § 240 (1) against Lahr Construction Corp., doing business as LeCesse Construction Company, Winchester Construction Corp., Cloverwood Senior Living, Inc., and Rochester Friendly Senior Services. The Supreme Court granted the plaintiff's motion for partial summary judgment on the issue of liability. The defendants and third-party defendants appealed this amended order. The appellate court affirmed the lower court's decision, ruling that the worksite was 'elevated' as per Labor Law § 240 (1) and the defendants' failure to provide necessary safety devices established their liability for the plaintiff's injuries.

Personal InjuryConstruction AccidentFall from ElevationLabor LawStatutory LiabilitySummary JudgmentAppellate ReviewWorksite SafetyStaircase AccidentElevated Work
References
3
Case No. 2019 NY Slip Op 02373 [170 AD3d 1227]
Regular Panel Decision
Mar 27, 2019

Simon v. Granite Bldg. 2, LLC

This case involves an appeal concerning an action for personal injuries and wrongful death. The plaintiff, Charles Simon, individually and as administrator of Julie Simon's estate, sued Granite Building 2, LLC, Kulka Contracting, LLC, and FXR Construction, Inc., after Julie Simon died and Charles Simon was injured in a construction site accident. The incident occurred when their vehicle slid on ice in an unfinished parking garage, causing it to fall into an excavation pit. A jury found Granite and Kulka negligent. The Appellate Division affirmed the judgment, concluding that issues regarding the 'storm in progress' doctrine and the construction manager's liability were properly submitted to the jury. The court also upheld the reduced damages awards as not materially deviating from reasonable compensation.

Personal InjuryWrongful DeathConstruction Site AccidentNegligenceLabor LawPremises LiabilityJury VerdictDamagesAppellate ReviewCPLR 4404
References
20
Case No. MISSING
Regular Panel Decision

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision

Cueto v. Hamilton Plaza Co.

Victor Cueto, a construction worker, was injured when a ceiling fell on him at a construction site. After settling his workers’ compensation claim against his employer, Arkay Contracting, Cueto filed a personal injury lawsuit. The defendant, Reckson Construction and Development, LLC, initiated a third-party action against Arkay for common-law indemnification and contribution. Special Trades Contracting and Construction Trust, Arkay’s workers’ compensation administrator, moved to dismiss the third-party claim, asserting that Cueto had not suffered a “grave injury” as defined by Workers’ Compensation Law § 11, which would bar such claims. The Supreme Court denied this motion, and the appellate court affirmed, finding that the third-party complaint sufficiently alleged a “grave injury” when afforded a liberal construction.

grave injuryworkers compensation lawindemnificationcontributionpersonal injuryconstruction accidentCPLR 3211(a)(7)motion to dismissthird-party actionemployer liability
References
7
Case No. MISSING
Regular Panel Decision

Arroyo v. Westlb Administration, Inc.

Ricardo Arroyo, a Hispanic male, sued WestLB Administration, Inc. and West-deutsche Landesbank for racial discrimination and unlawful termination under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. He also alleged negligent infliction of emotional distress and negligent retention of an employee. Arroyo claimed he was subjected to racial slurs and threats from a coworker, Neil Williamson, over a period of two years, leading to his constructive discharge. The Bank moved for summary judgment. The Court found that the alleged incidents, though offensive, were isolated and sporadic, not severe or pervasive enough to create a hostile work environment under Title VII. Consequently, the claims for hostile work environment and constructive discharge were dismissed. The claims for negligent infliction of emotional distress and negligent retention were also dismissed as barred by the Workers’ Compensation Law.

Racial DiscriminationHostile Work EnvironmentUnlawful TerminationSummary JudgmentTitle VIIConstructive DischargeNegligent Infliction of Emotional DistressNegligent RetentionWorkers' Compensation Law ExclusivityFederal Rules of Civil Procedure Rule 56
References
25
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