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

Case No. MDL 381
Regular Panel Decision

In Re Agent Orange Product Liability Litigation

Defendants, manufacturers of Agent Orange, brought third-party actions against the United States government seeking indemnity and contribution for settlement payments made to veterans' wives and children. The government moved to dismiss these claims. The court reiterated that previous direct claims against the government by veterans, wives, and children were dismissed either by the Feres doctrine or for failure to prove a causal connection. The third-party plaintiffs and defendants concurred that Agent Orange causation could not be established with available evidence. Consequently, the court granted the government's motion, ruling that the Federal Tort Claims Act precludes recovery without government misfeasance, and dismissed all third-party claims against the government, along with any existing government claims against other parties.

Agent OrangeProduct LiabilityThird Party ActionIndemnityContributionFederal Tort Claims ActFeres DoctrineCausationMilitary VeteransClass Action Settlement
References
12
Case No. MISSING
Regular Panel Decision

Wessel v. Sichel

Plaintiff tenant sued defendant landlord and their agents for damages, alleging his apartment was rendered uninhabitable during repairs, items were stolen, and he was constructively evicted in retaliation for a prior rent reduction. Defendants counterclaimed and moved for summary judgment, arguing plaintiff requested repairs, then impeded work by changing locks and withholding rent. The trial court denied the motion, citing questions of retaliatory intent. The Appellate Division reversed, finding plaintiff's claims conclusory and lacking material evidence. The court granted summary judgment to defendants and dismissed the complaint.

Summary JudgmentConstructive EvictionRetaliationTenant RightsLandlord-Tenant DisputeAppellate ReviewConclusory EvidenceBurden of ProofDismissalApartment Repairs
References
1
Case No. MISSING
Regular Panel Decision
Oct 15, 1993

Tesler v. Paramount Insurance

The defendant insurer's motion to renew a prior order, which obligated them to defend the plaintiff insureds, was denied. The court found that the Workers' Compensation Board decision, on which the defendant relied, was available earlier and should have been presented. Even if considered, the Board's denial of benefits was due to the disability being less than the waiting period, not the employment status, thus not resolving the policy exclusion for employee injuries. Furthermore, the plaintiffs showed a good-faith belief in nonliability under the Workers' Compensation Law, having been advised by their insurance agent and with no indication of a liability claim against them.

Motion to RenewInsurance PolicyDuty to DefendWorkers' Compensation LawPolicy ExclusionNotice ProvisionGood-Faith BeliefSummary JudgmentAppellate ReviewDisability Benefits
References
5
Case No. 2022 NY Slip Op 06161
Regular Panel Decision
Nov 03, 2022

Cotroneo v. Van Wagner Sign Erectors, LLC

Plaintiff Cosmo Cotroneo appealed an order granting defendants' motions for summary judgment dismissing a Labor Law § 240 (1) claim and denying plaintiff's motion for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims. The Appellate Division affirmed the dismissal of the Labor Law § 240 (1) claim, determining that the falling gang box lid was a routine workplace risk and not a material requiring hoisting or securing under the statute. However, the court modified the order to grant plaintiff's motion for summary judgment on the Labor Law § 241 (6) claim, finding that missing struts on the gang box constituted a liability as they were safety devices. The defendants' arguments regarding plaintiff's comparative negligence for damaging the struts were found to be speculative. Additionally, the court confirmed that the Van Wagner/Outfront defendants were proper Labor Law defendants, acting as general contractors and agents of the owner.

Construction AccidentLabor LawSummary JudgmentAppellate DivisionGravity-Related RiskGang BoxSafety DevicesComparative NegligenceOwner's AgentGeneral Contractor
References
11
Case No. MISSING
Regular Panel Decision
Mar 18, 1999

Karczewicz v. 473 Owners Corp.

The Supreme Court, New York County, granted the defendant residential cooperative corporation's motion for summary judgment, dismissing a personal injury complaint filed by a plaintiff. The defendant argued that the plaintiff was its employee, making the action barred by Workers' Compensation Law exclusivity provisions. Defendant supported its claim with affidavits from its president, building superintendent, and managing agent, asserting personal knowledge of the plaintiff's employment, hiring, supervision, and payment by the defendant. The appellate court found these affidavits sufficient to establish a prima facie entitlement to judgment. In opposition, the plaintiff presented only unsworn documents, including an earnings statement from 'Melohn Payroll Account' and Workers' Compensation Board correspondence listing 'Melohn Payroll Account' as the employer. These documents were deemed insufficient to raise a triable issue of fact and were consistent with defendant's explanation that Melohn Properties, Inc. provided payroll services funded by the defendant. The court affirmed the grant of summary judgment, noting the plaintiff's failure to address evidence of direct employment by the defendant.

Personal InjuryWorkers' Compensation ExclusivitySummary Judgment MotionEmployer-Employee DisputeAffirmanceEvidentiary StandardsAppellate DivisionMaintenance WorkPayroll ServicesProcedural Law
References
4
Case No. CA 15-00716
Regular Panel Decision
Dec 23, 2015

FRONCE, RICHARD J. v. PORT BYRON TELEPHONE COMPANY, INC.

Plaintiff commenced this Labor Law action seeking damages for injuries he sustained when he fell from an aerial bucket attached to a boom on a bucket truck while attempting to remove cables from a utility pole on defendants’ property. Plaintiff appeals and defendants cross-appeal from an order that denied defendants’ motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for partial summary judgment on the issue of liability with respect to the section 240 (1) cause of action. The Court found a nexus between defendants and plaintiff due to an easement. The Supreme Court erred in denying plaintiff's cross motion for partial summary judgment on liability under Labor Law § 240 (1) as plaintiff was engaged in a covered activity and the accident involved an elevation-related hazard. Defendants failed to raise a triable issue of fact that plaintiff's conduct was the sole proximate cause of the accident, and comparative negligence is not a defense under Labor Law § 240 (1).

Labor LawPersonal InjuryAerial Bucket FallUtility Pole AccidentEasementSummary JudgmentAppellate ReviewCausationComparative NegligenceElevation-related Hazard
References
14
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

People v. Doe

Defendant, charged with assault and harassment after biting a security officer at an HIV/AIDS Services Administration (HASA) location, filed a motion to seal court papers and to prevent the complainant from referencing defendant's alleged HIV status, citing Public Health Law § 2780 et seq. The defendant argued that the security officer, as an agent of HASA, was bound by confidentiality provisions regarding HIV-related information. The court determined that Article 27-F of the Public Health Law applies only to persons who provide health or social services, a category that did not include the complainant security officer. Consequently, the defendant's motion to preclude the HIV-related testimony was denied. However, the court granted the application to seal the underlying motion papers, citing the sensitive nature of the proceedings and the strong public policy favoring confidentiality.

HIV confidentialityPublic Health Law 27-FAssault third degreeHarassment second degreeConfidentiality of HIV related informationSealing motion papersTestimony preclusionSocial services lawAgency theoryCriminal procedure
References
1
Case No. 82-0021
Regular Panel Decision

Fraticelli v. Dow Chemical Co.

The case involves three civilian employees (Fraticelli, Oshita, Takatsuki) of the University of Hawaii who sued manufacturers of Agent Orange, the US, and the University's former Regents, alleging harm from exposure to Agent Orange in 1966-67. The plaintiffs developed various illnesses, which they attributed to Agent Orange exposure. The court denied class certification and found that claims against the chemical companies and former Regents were barred by Hawaii's two-year statute of limitations and, for the Regents, by the receipt of workers' compensation. Crucially, the court found no admissible evidence that Agent Orange caused the plaintiffs' illnesses, citing issues with expert testimony and the presence of other risk factors. Consequently, the defendants' motions for summary judgment were granted, and the action was dismissed.

Agent OrangeHerbicide ExposureToxic ChemicalsProduct LiabilityStatute of LimitationsWorkers' CompensationCausation DefenseSummary JudgmentClass Action DenialFederal Tort Claims Act
References
4
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. MISSING
Regular Panel Decision
Aug 12, 1998

Quispe v. Lemle & Wolff, Inc.

The Supreme Court, New York County, affirmed a lower court's denial of the defendants' motion for a new trial on liability. The central issue on appeal was the trial court's refusal to admit a hospital triage report into evidence. The report contained conflicting accounts of how the plaintiff sustained injuries, specifically whether she fell from a fire escape or jumped from a window to escape a fire, both from a height of eight feet. The court found the report inadmissible under both the business entry exception to the hearsay rule and as an admission against interest. This was due to the defendants' failure to prove that the plaintiff was the direct source of the recorded information, as the plaintiff spoke only Spanish and the nurse relied on unidentified EMS workers and a hospital translator. Furthermore, the court noted that the cause of the injury was not pertinent to the plaintiff's diagnosis or treatment, which further precluded its admission under the business records exception. The defendants' argument that the translator acted as the plaintiff's agent was also rejected as lacking factual support.

Hearsay RuleBusiness Entry ExceptionAdmission Against InterestHospital Triage ReportMedical Records AdmissibilityTranslation AccuracyInterpreter CompetencyCause of InjuryNew Trial MotionAppellate Review
References
3
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