CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 05, 1990

Service Sign Erectors Co. v. Allied Outdoor Advertising, Inc.

Plaintiff Service Sign, a subcontractor, initiated an action for damages in breach of contract or quantum meruit against Allied, the defendant and third-party plaintiff, after a billboard Allied had contracted to build for the Authority collapsed due to insufficient support. Allied subsequently filed a third-party action against the Authority, seeking indemnification. The Supreme Court initially granted dismissal of the first cause of action in the third-party complaint but denied dismissal for the second and third causes of action. On appeal, the higher court modified this decision, ruling that implied indemnification was not available to Allied. The court found that the existing contract between Allied and the Authority explicitly provided for one-way indemnification from Allied to the Authority, thereby precluding any reciprocal implied obligation. Consequently, the appellate court granted the dismissal of all three causes of action in Allied's third-party complaint against the Authority, affirming the modification without costs.

IndemnificationImplied IndemnificationExpress ContractSummary JudgmentThird-Party ComplaintBreach of ContractQuantum MeruitSubcontractorAppellate ReviewContract Interpretation
References
7
Case No. MISSING
Regular Panel Decision
Nov 02, 2005

Vita v. New York Waste Services, LLC

In an action for personal injuries, the defendants appealed an order from the Supreme Court, Suffolk County, which granted the plaintiffs' motion to dismiss their sixth, seventh, eighth, and eleventh affirmative defenses. The appellate court affirmed the lower court's decision, concluding that the plaintiffs successfully demonstrated the lack of merit of these defenses. The defenses were based on the exclusivity provisions of the Workers' Compensation Law. The plaintiffs provided substantial evidence that the injured plaintiff was employed by Allied Waste Services, Inc. and its subsidiary, Island Waste Services, and was injured by a vehicle owned by defendant New York Waste Services, LLC and operated by defendant Gene R. Brewer. The defendants failed to present sufficient evidence to counter these claims, particularly regarding their assertions of the injured plaintiff being an employee of New York Waste, or that New York Waste was an alter ego, joint venture, or special employer.

Personal InjuryWorkers' Compensation ExclusivityAffirmative DefensesMotion to DismissCPLR 3211(b)Appellate ReviewEmployment RelationshipAlter EgoJoint VentureSpecial Employee
References
10
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. 16-CV-3812, 16-CV-5302
Regular Panel Decision
Nov 29, 2018

Lighton Indus., Inc. v. Allied World Nat'l Assurance Co.

This case involves consolidated actions by Lighton Industries, Inc. and Hibuild Limited Liability Company against Allied World National Assurance Company and Mt. Hawley Insurance Company. Plaintiffs sought declaratory judgment regarding the insurers' duty to defend and indemnify them in an underlying personal injury action, the Tunkara Action, stemming from an August 16, 2014 accident at Brooklyn College. The court granted Lighton and Hibuild's motions for summary judgment, determining that Allied and Mt. Hawley owe a duty to defend the plaintiffs in the Tunkara Action. This decision was based on ambiguities in the insurance policies' Classification Limitation and Designated Ongoing Operations Exclusion, which were construed against the insurers. However, all motions for summary judgment concerning indemnification were denied, and these claims were dismissed without prejudice as premature, as liability in the underlying Tunkara Action had not yet been determined.

Insurance CoverageDuty to DefendDuty to IndemnifySummary JudgmentContract InterpretationAmbiguityPolicy ExclusionClassification LimitationOngoing Operations ExclusionSubcontractor Liability
References
73
Case No. 517789
Regular Panel Decision
Nov 06, 2014

MatterofSyracuseHaulersWasteRemoval,Inc.vMadisonCountyDepartmentofSolidWasteandSanitation

Syracuse Haulers Waste Removal, Inc., a commercial waste hauler, was cited by the Madison County Department of Solid Waste and Sanitation for violating Local Law No. 3 (2004) by failing to deliver 16 loads of construction debris to the County's landfill. After a hearing, the Madison County Board of Hearing found a violation, determining the loads were construction debris, not recyclables. Syracuse Haulers challenged this interpretation, but the Supreme Court dismissed their petition. The Appellate Division affirmed, ruling that the Board's interpretation of Local Law No. 3 was reasonable and that the local law was not superseded by state environmental law, as stricter local laws are permissible if not inconsistent with state legislation.

Waste ManagementEnvironmental LawLocal LawFlow ControlRecyclingConstruction DebrisDeclaratory JudgmentAdministrative ReviewAppellate DivisionNew York
References
10
Case No. MISSING
Regular Panel Decision
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. ADJ7552724, ADJ7584841
Regular
Sep 17, 2013

AGUSTIN NAVARRO vs. ALLIED WASTE OF SACRAMENTO, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a petition for reconsideration of a prior order that itself granted reconsideration. The Workers' Compensation Appeals Board dismissed the petition because reconsideration can only be sought from a final order, decision, or award, not from interlocutory procedural orders. An order granting reconsideration without resolving the underlying issues is not considered final. Therefore, the petition challenging the order granting reconsideration was dismissed as procedurally improper.

Petition for ReconsiderationFinal OrderInterlocutory OrderLab. Code§ 5900Granting ReconsiderationDismissalWorkers' Compensation Appeals BoardADJ7552724ADJ7584841
References
0
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Mullin v. Waste Management of New York, LLC

This case involves an appeal from an order granting partial summary judgment. The plaintiff, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder on Riccelli's trailer at a Waste Management of New York, LLC facility. An agreement between Riccelli and Waste Management required Riccelli to name Waste Management as an additional insured on various insurance policies. Waste Management successfully moved for partial summary judgment on a breach of contract claim against Riccelli due to Riccelli's failure to name Waste Management as an additional insured. Riccelli's subsequent motion to submit new evidence was denied as the evidence was available previously and would not alter the outcome. The court found that Waste Management was not an additional insured on the CGL or automobile liability policies at the time of the accident.

Breach of ContractAdditional InsuredSummary JudgmentInsurance CoverageThird-Party LiabilityAppellate ReviewDenial of Motion to RenewWorkers' Compensation PolicyCommercial General LiabilityAutomobile Liability Policy
References
2
Showing 1-10 of 462 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational