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

Case No. 2017 NY Slip Op 00959 [147 AD3d 815]
Regular Panel Decision
Feb 08, 2017

Gonsalves v. 35 W. 54 Realty Corp.

The plaintiffs, Andrew Gonsalves and Shahazad M. Rasheed, sustained personal injuries at a construction site managed by Geiger Construction Company, Inc. and owned by 35 W. 54 Realty Corp. when a parapet wall collapsed during the lowering of a power washer. They sued 35 W. 54 Realty Corp. and Perimeter Bridge & Scaffold Co. for Labor Law violations. 35 W. 54 Realty Corp. then initiated third-party actions against Geiger Construction for contribution and common-law indemnification. After a jury found Geiger Construction negligent, the Supreme Court denied Geiger Construction's motions for judgment as a matter of law. The Appellate Division, Second Department, reversed these judgments, concluding that there was no rational basis for the jury to find Geiger Construction negligent, as 35 W. 54 Realty Corp. failed to establish a prima facie case of negligence against them. Consequently, the third-party causes of action against Geiger Construction were dismissed.

Personal InjuryConstruction AccidentLabor LawNegligenceContributionIndemnificationThird-Party ActionAppellate ReviewJudgment as a Matter of LawJury Verdict
References
7
Case No. MISSING
Regular Panel Decision

Sage Realty Corp. v. ISS Cleaning Services Group, Inc.

Plaintiffs, consisting of the owners of six commercial buildings and their managing agent, Sage Realty Corporation, brought an antitrust claim against the Realty Advisory Board on Labor Relations, Inc. (RAB) and ISS Cleaning Services Group, Inc. (ISS). The plaintiffs alleged that during a 1996 office building maintenance employee strike in New York City, the defendants engaged in a group boycott. This boycott purportedly blocked union members from returning to work for certain cleaning service contractors, thereby preventing plaintiffs from employing those union members. The defendants moved to dismiss the complaint, arguing that the plaintiffs failed to allege a cognizable antitrust injury and that the non-statutory labor exemption barred the claim. The court granted the defendants' motion, concluding that the plaintiffs did not sufficiently demonstrate antitrust injury and that the defendants' conduct was protected by the non-statutory labor exemption.

Antitrust LawGroup BoycottLabor ExemptionCollective BargainingLabor StrikeCleaning Service IndustryCommercial Real Estate MarketMotion to DismissSherman ActNon-Statutory Labor Exemption
References
21
Case No. MISSING
Regular Panel Decision

Stachura v. 615-51 Street Realty Corp.

The defendants third-party plaintiffs, 615-51 Street Realty Corp. and New Deal Realty Corp., appealed an order denying summary judgment to New Deal Realty Corp. on a contractual indemnification claim and granting dismissal of that claim to the third-party defendant, J&L Landscaping Inc. The appellate court dismissed the appeal of 615-51 Street Realty Corp. The court reversed the order pertaining to New Deal Realty Corp., finding that the 'hold harmless' agreement between New Deal and J&L was a valid and binding contract supported by consideration and not rendered unenforceable by General Obligations Law § 5-322.1. New Deal Realty Corp. successfully demonstrated its freedom from negligence, and J&L Landscaping Inc. failed to raise a triable issue of fact. Consequently, summary judgment was awarded in favor of New Deal Realty Corp. on its contractual indemnification claim against J&L Landscaping Inc.

Construction AccidentContractual IndemnificationHold Harmless AgreementSummary JudgmentThird-Party ClaimWorkers' Compensation LawGeneral Obligations LawAppellate ReviewPersonal Injury DamagesNegligence
References
11
Case No. 709355/19
Regular Panel Decision
Jan 28, 2026

Gibbs v. New Ram Realty, LLC

Cecil Gibbs sued New Ram Realty, LLC, and KCM Realty Company, L.P., for personal injuries after slipping on a water puddle in a hotel room. The defendants moved for summary judgment, arguing they were an out-of-possession landlord and lacked notice of the hazardous condition. The Supreme Court denied their motion. The Appellate Division reversed this decision, ruling that KCM Realty was an out-of-possession landlord with no duty to repair, and New Ram Realty, LLC, did not create the condition or have constructive notice of the leak. The motion for summary judgment dismissing the complaint against them was granted.

Slip and FallPremises LiabilityOut-of-Possession LandlordSummary JudgmentConstructive NoticePersonal InjuryAppellate DivisionHotel LiabilityProperty Owner LiabilityLack of Notice
References
15
Case No. MISSING
Regular Panel Decision

Union Realty Company v. Family Dollar Stores of Tennessee, Inc.

This case concerns an appeal stemming from a premises liability action. Union Realty Company, owner of a shopping center, was sued following the death of an employee, Jo A. Parker, at a Family Dollar store. Union Realty then sued Family Dollar Stores (FDS) and its insurer, Travelers, alleging breach of a lease agreement requiring FDS to name Union Realty as an additional insured. The appellate court affirmed the trial court's denial of FDS's motion to dismiss for mootness, citing Travelers' reservation of rights during settlement of the underlying Parker lawsuit. However, the court reversed the summary judgment in favor of Union Realty, finding the lease did not obligate FDS to provide insurance coverage for Union Realty's sole negligence in common areas. Additionally, the court vacated the trial court's determination that FDS breached the lease due to a $250,000 deductible in the insurance policy.

Premises LiabilityInsurance CoverageBreach of ContractLease AgreementDuty to DefendAdditional InsuredSummary JudgmentMootness DoctrineAppellate ReviewContract Interpretation
References
8
Case No. 05-14-01265-CV
Regular Panel Decision
Jul 20, 2015

Azeb Ruder v. William Jordan D/B/A William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appealed the denial of her motion to dismiss defamation claims filed by William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC d/b/a William Davis Realty, and Kathy Jabri. Ruder's motion was filed under the Texas Citizens’ Participation Act (TCPA) after she posted a negative review of Kathy Jabri's real estate services on Zillow. Appellees claimed Ruder's statements were defamatory, specifically regarding the property being 'Temp Off Market' for over 100 days against her wish, other realtors' opinions, and questioning Jabri's competence. The appellate court found Ruder met her burden under TCPA. However, appellees failed to establish a prima facie case for defamation because the alleged false statements were either substantially true (regarding the duration of the 'Temp Off Market' status) or non-actionable statements of opinion (regarding competence or mental state). The court reversed the trial court's order and dismissed the defamation claims, remanding for determination of costs and attorney's fees.

DefamationTexas Citizens' Participation ActTCPAFree SpeechReal Estate LawMotion to DismissAppellate ProcedurePrima Facie CaseSubstantial Truth DoctrineStatement of Opinion
References
22
Case No. 2019 NY Slip Op 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. 2021 NY Slip Op 05950
Regular Panel Decision
Nov 03, 2021

Dojce v. 1302 Realty Co., LLC

The plaintiff, Petrika Dojce, was injured by a power saw while working for an employer hired by 1302 Realty Company, LLC's tenant. Dojce sued 1302 Realty, alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), including negligent supervision, retention, and hiring, and injuries such as psychosis. The Supreme Court of Kings County denied 1302 Realty's motion to strike negligent supervision claims, granted Dojce's cross-motion for summary judgment on a Labor Law § 241 (6) claim, and granted Dojce's motion to strike certain deposition testimony. On appeal, the Appellate Division, Second Department, modified the Supreme Court's order by granting 1302 Realty's motion to strike the negligent supervision, retention, and hiring claims due to lack of evidence. The Appellate Division also denied Dojce's cross-motion for summary judgment as untimely, as it was filed months after the deadline and raised different issues. The Appellate Division affirmed the striking of Francesco Pedulla's deposition testimony as an appropriate remedy for improperly obtained evidence.

Personal InjuryLabor LawSummary JudgmentNegligent SupervisionNegligent HiringNegligent RetentionDeposition TestimonyUntimely MotionIndustrial CodeWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision

City Council v. Town Board

East-West Realty Corporation, owner of 37 acres in the Town of Colonie, sought to have its property, along with an additional 6 acres, annexed by the City of Watervliet to facilitate a senior citizen assisted-living development. The Town of Colonie denied the petition, citing non-compliance with the State Environmental Quality Review Act (SEQRA) and lack of overall public interest. The City of Watervliet, however, approved the petition and initiated a court proceeding to determine if the annexation was in the public interest, with East-West intervening as a petitioner. The Town of Colonie moved to dismiss the petition, arguing that Watervliet failed to comply with SEQRA prior to approving the annexation. The court found that annexation constitutes an 'action' subject to SEQRA review, even for parcels less than 100 acres, and that such review must occur at the earliest opportunity. Concluding that no SEQRA compliance occurred before the joint hearing, the court granted the Town of Colonie's motion and dismissed the petition.

annexationSEQRAenvironmental reviewzoning restrictionspublic interestmunicipal lawType I actionunlisted actionCPLR 404General Municipal Law
References
14
Case No. 2020 NY Slip Op 08000 [189 AD3d 681]
Regular Panel Decision
Dec 29, 2020

Matias v. West 16th Realty LLC

Jose Matias, an employee of a linen company, sustained injuries on premises owned by West 16th Realty LLC and leased to Grey Dog Chelsea Inc. He was struck on the head by a cellar door while climbing stairs from the restaurant's cellar. The Appellate Division, First Department, reversed the Supreme Court's order, granting summary judgment to defendant West 16th Realty LLC. The court determined that as an out-of-possession landlord, West 16th Realty LLC was not liable, as the lease did not mandate cellar door maintenance or repair, and no significant structural or design defect violating a specific statutory safety provision was present. The court also held that West 16th owed no duty under the Administrative Code of the City of New York regarding the sidewalk.

Out-of-possession landlordPremises liabilitySummary judgmentCellar door accidentStructural defectStatutory safety provisionLease obligationsAdministrative Code liabilityAppellate DivisionFirst Department
References
9
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