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

Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. MISSING
Regular Panel Decision

Ritz-Craft Corp. of PA, Inc. v. National Electrical Benefit Fund (In re Elm Ridge Associates)

The current case is an appeal before District Judge McMahon, concerning a dispute between Ritz-Craft Corporation (plaintiff-appellant) and National Electrical Benefit Fund (defendant-appellant). Ritz-Craft sought to subordinate NEBF's secured mortgage lien to its subsequently filed mechanics' lien, arguing NEBF filed a materially false affidavit under New York Lien Law § 22. The Bankruptcy Court had previously granted summary judgment to Ritz-Craft, finding a material defect in NEBF's affidavit regarding sums available for improvement. However, the District Court reversed this decision, ruling that the "net sum available to the borrower for the improvement" as per Lien Law § 22 can include funds already expended on improvements prior to the affidavit's filing. The court also clarified that compliance with Lien Law § 2.5 regarding "cost of improvement" is not relevant to the requirements of Section 22. Consequently, the District Court granted summary judgment to NEBF, dismissing Ritz-Craft’s complaint.

Lien LawMechanics' LienBuilding Loan ContractConstruction LoanMortgage SubordinationMaterially False AffidavitSummary JudgmentBankruptcy AppealReal Estate DevelopmentCost of Improvement
References
6
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
Case No. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
6
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. ADJ769558
Regular
Apr 02, 2013

JOSE VILLA-TORRES vs. CARMAX AUTO SUPERSTORE, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, upholding the administrative law judge's (ALJ) finding that the lien claim was barred by the statute of limitations. The WCAB also dismissed the defendant's petition for reconsideration as untimely. The Board declined to impose sanctions on either party, though it admonished defendant's counsel for excessive exhibits. The ALJ's report, which detailed the untimeliness of the lien claim and found no basis for tolling the statute of limitations, was adopted and incorporated by the WCAB.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDismissalStatute of LimitationsLabor Code Section 4903.5Compromise and ReleaseToll Statute of LimitationsEquitable EstoppelMedical Provider
References
3
Case No. ADJ1515176 (AHM 0150456)
Regular
Jan 20, 2012

TERESA AVINA vs. TACO BELL, YUM! BRANDS, ACE AMERICAN INSURANCE administered by GALLAGHER BASSETT

Both Defendant and Lien Claimant petitioned for reconsideration of the WCJ's decision. The Defendant argued that costs awarded to the Lien Claimant for appearing on May 12, 2011, were unsubstantiated and that their request to remove the trial from the calendar was made in good faith. The Lien Claimant argued for an earlier start date for penalties and interest due to an alleged EAMS error. The Appeals Board granted both petitions, amending the award to defer the issue of costs for the May 12, 2011 appearance and deferring the effective date of interest accrual, returning the case for further proceedings.

WCABPetition for ReconsiderationLien ClaimantDeclaration of Readiness (DOR)Labor Code section 5813CostsInterestEAMSTrial BriefFindings & Award & Order (F&A)
References
5
Case No. Bankruptcy No. 00 B 14390(ASH). Adversary No. 00-3004A.
Regular Panel Decision
Oct 30, 2001

In Re Higgins

The debtors, Kevin and Sue Higgins, initiated an adversary proceeding against creditor Eugene Erickson concerning the avoidability of mortgage and confession of judgment liens, usury claims, and Erickson's attempt to challenge debt dischargeability. The Bankruptcy Court, S.D. New York, ruled that the Higginses lacked standing to avoid pre-petition transfers as preferences under 11 U.S.C. § 547. However, the court granted the Higginses' request to avoid the confession of judgment lien under 11 U.S.C. § 522(f)(1)(A), finding it impaired their homestead exemption. Furthermore, the court concluded that the Higginses had waived their usury defense but held that Erickson's right to contest the dischargeability of his claim was time-barred. This resulted in a mixed outcome, largely favorable to the debtors regarding lien impairment and discharge.

BankruptcyHomestead ExemptionLien AvoidanceJudicial LienPreference AvoidanceUsury DefenseConfession of JudgmentDischargeabilityEquitable TollingEquitable Estoppel
References
68
Case No. MISSING
Regular Panel Decision

In Re Enron Corp.

Enterprise Products Operating L.P. filed a motion for resolution of dispute against Enron Gas Liquids, Inc. (EGLI) regarding lien claims for pre-petition services. Enterprise asserted a total lien claim of $888,059.09 under Texas law for various services including storage, trucking, fractionation, and product treatment of natural gas liquids. EGLI acknowledged a portion of the lien related to trucking and storage but disputed the claim for fractionation and product treatment services. The court examined whether Enterprise qualified as a 'mechanic, artisan, or materialman' under Article XVI, § 37 of the Texas Constitution. The court ultimately denied the fractionation and product treatment lien, finding that Enterprise's complex engineering and technical operations did not fit these traditional definitions. Additionally, the court denied Enterprise's request for post-petition attorneys' fees, citing the absence of a contractual agreement for such fees.

Bankruptcy LawLien EnforcementTexas Constitutional LawSecured ClaimsAttorneys' FeesCommercial DisputeNatural Gas LiquidsFractionation ServicesWarehouseman's LienDebtor-in-Possession
References
12
Case No. ADJ2091864
Regular
May 08, 2013

LOUISE ALMARODE vs. NORWALK LA MIRADA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, adopting the administrative law judge's report. The WCAB also dismissed the defendant's petition for reconsideration because they were not aggrieved by the WCJ's decision. This order confirms the denial of the lien claimant's request and the dismissal of the defendant's request.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationAggrieved DefendantWCJ DecisionLabor Code § 5900Self-InsuredYork Risk Services GroupNorwalk La Mirada Unified School DistrictDeibra E. Lowe
References
0
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