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

Case No. 2015 NY Slip Op 06751
Regular Panel Decision
Sep 08, 2015

All State Flooring Distributors, L.P. v. MD Floors, LLC

Plaintiff, All State Flooring Distributors, L.P., initiated legal action against MD Floors, LLC, and Michael Savino to recover $48,188.50 for wood flooring delivered. MD Floors, in turn, filed counterclaims asserting that it incurred additional labor costs due to faulty flooring and was subjected to double-billing. The Supreme Court initially denied the plaintiff's motion for summary judgment, citing both a procedural default and the presence of triable issues of fact. On appeal, the Appellate Division, First Department, affirmed the denial of summary judgment, while correcting the Supreme Court's finding of a procedural default. The Appellate Division concurred that substantial triable issues of fact existed regarding partial payments, attorney's fees, and the alleged personal guaranty by Savino, and also affirmed the existence of triable issues concerning MD Floors' counterclaims for additional labor costs and double-billing.

Summary JudgmentBreach of ContractPersonal GuarantyCounterclaimsProcedural DefaultAppellate ReviewTriable Issues of FactAttorney's FeesCommercial LawContract Dispute
References
3
Case No. MISSING
Regular Panel Decision

Pataki v. New York State Assembly

This Opinion of the Court resolves a significant dispute between the Governor and the New York State Legislature concerning their constitutional roles in the state budget process, affirming the executive budgeting system established in 1927. The Court reinforced the principle that the Governor acts as the budget's "constructor," with the Legislature primarily limited to striking out or reducing appropriation items. In Silver v Pataki, the Court declared the Legislature's actions unconstitutional for attempting to alter the purposes and conditions of Governor's 1998 appropriation bills through subsequent legislation. Similarly, regarding the 2001 budget in Pataki v New York State Assembly, the Court rejected the Legislature's use of "single-purpose bills" to replace Governor's appropriation items and upheld the Governor's authority to include detailed programmatic conditions within appropriation bills. Ultimately, the Court affirmed the Appellate Division's orders, deciding the dispute in the Governor's favor and reiterating that all appropriations inherently involve policy decisions, thereby limiting judicial intervention in budgetary content disputes unless clearly non-budgetary.

Executive BudgetingLegislative PowerSeparation of PowersAppropriation BillsLine-Item VetoConstitutional LawNew York Court of AppealsBudget ProcessGubernatorial AuthorityLegislative Alteration
References
19
Case No. MISSING
Regular Panel Decision

Piazza v. Shaw Contract Flooring Services, Inc.

Plaintiff, an employee of the Buffalo Municipal Housing Authority (BMHA), sustained injuries after falling through a hole in an apartment floor while removing trash. BMHA had contracted Shaw Contract Flooring Services, Inc., operating as Spectra Contract Flooring, for flooring work, who in turn subcontracted Gregory Simmons, doing business as Simmons Flooring and Remodeling. After the kitchen floor was noted as "spongy," Simmons cut out portions, creating the hole. The Supreme Court initially granted summary judgment dismissing common-law negligence and Labor Law § 200 claims. However, the appellate court modified this by denying those parts of the motions and reinstating the claims, finding defendants failed to establish they did not supervise the work, control the premises, or create/have notice of the dangerous condition. Conversely, the court affirmed the dismissal of Labor Law § 241 (6) claims, ruling that the plaintiff's trash removal duties were not connected to construction activities as defined by that statute. The order was thus modified and affirmed.

Personal InjuryNegligenceLabor LawSummary JudgmentPremises LiabilityDangerous ConditionConstruction SafetyWorker InjuryAppellate ReviewSubcontractor Liability
References
8
Case No. MISSING
Regular Panel Decision

Claim of Dunn v. Landmark Flooring Concepts, Inc.

Decedent, a floor covering mechanic, died of a heart attack while working on a renovation project. His widow filed a death benefit claim, which was controverted by Landmark Flooring Concepts, Inc. The Workers’ Compensation Law Judge (WCLJ) found an employer-employee relationship and causal link to employment, dismissing the special employment issue as untimely. The Workers’ Compensation Board affirmed. Landmark appealed, arguing it was improperly denied the opportunity to develop the record on special employment. The appellate court found the request timely and that the record contained evidence supporting a special employment claim. The decision was reversed, and the matter remitted to the Board for further development of the record on the issue of special employment.

Special EmploymentEmployer-Employee RelationshipCausal RelationshipHeart AttackAppellate ReviewRemittalProcedural ErrorFactual DisputeSubstantial EvidenceTimeliness of Motion
References
6
Case No. ADJ4416816 (AHM 0140718); ADJ3554653 (AHM 014719)
Regular
Sep 22, 2010

MARK ROGERS vs. ALL ABOUT FLOORS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY and STATE COMPENSATION INSURANCE FUND; BARRETT BUSINESS SERVICES A.K.A WESTERN FLOORING INSTALLATIONS, PSI

This case involves Mark Rogers' claim for workers' compensation benefits for back injuries sustained while employed by All About Floors, Inc. and Barrett Business Services. The applicant alleged cumulative trauma injury, but medical evidence from Dr. Einbund was inconsistent. Despite Dr. Einbund's initial uncertainty and later inability to state with reasonable medical certainty that a cumulative trauma injury occurred, the Workers' Compensation Appeals Board (WCAB) denied reconsideration. The WCAB adopted the WCJ's report, which found the applicant's testimony credible and supported by medical reports, thus deeming the medical opinion substantial evidence to uphold the findings of fact.

WCABReconsideration DeniedPetition for ReconsiderationCumulative Trauma InjuryMedical EvidenceCausation of InjuryDeposition TestimonyApplicant TestimonyJob DutiesSubstantial Medical Evidence
References
0
Case No. 2018 NY Slip Op 07971
Regular Panel Decision
Nov 20, 2018

Lucheux v. William Macklowe Co. LLC

In this slip and fall action, plaintiff Angelena Lucheux appealed an order denying her motion for sanctions against defendant Elite Terrazzo Flooring, Inc. Elite had cross-moved for summary judgment, arguing that another defendant's cleanup activities constituted an intervening cause, breaking the causal connection between Elite's work and the dusty floor condition on which plaintiff slipped. Plaintiff contended Elite's motion was frivolous and sought its withdrawal, which Elite refused. The motion court, exercising its discretion, determined that Elite's cross-motion was not frivolous, despite being unpersuasive on the merits, and thus denied sanctions. The Appellate Division, First Department, unanimously affirmed this decision, finding no abuse of discretion.

Slip and FallSanctionsFrivolous MotionSummary JudgmentIntervening CauseCausal ConnectionAppellate ReviewJudicial DiscretionCivil ProcedurePersonal Injury
References
3
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. MISSING
Regular Panel Decision

Cangialosi v. Gotham Construction. Co.

Plaintiffs Frank Cangialosi and Nelson Hernandez, construction workers, fell from the 20th floor of a building due to a stringer assembly failing. They sued the owner and general contractor, Ten West End Avenue Holdings, LLC and Gotham Construction Company, LLC, alleging violations of Labor Law §§ 200, 240, and 241. The court evaluated their motion for summary judgment on liability under Labor Law § 240 (1), commonly known as the Scaffold Law. It determined that the stringer assembly served as a 'place to work' and its collapse established a prima facie violation of the statute, dismissing defendants' arguments due to inadmissible evidence. Consequently, the court granted summary judgment on liability for Cangialosi and Hernandez but denied a derivative claim by plaintiff Shanell Saunders due to insufficient evidence.

Construction Site AccidentScaffold Law ViolationLabor Law § 240 (1)Summary Judgment MotionElevation HazardFall from HeightConstruction LiabilityGeneral Contractor ResponsibilityProperty Owner LiabilityPrima Facie Case
References
73
Case No. MISSING
Regular Panel Decision

Sprung v. MTR Ravensburg, Inc.

Plaintiff, an assembler at General Electric, was injured when a retractable floor panel in a lathe pit detached and fell on him. He initiated a lawsuit against MTR Ravensburg, the lathe manufacturer, and VF Conner, Inc., the fabricator of the retractable floor, asserting claims of strict products liability and negligence. A central issue in the case was whether VF Conner, Inc. qualified as a "casual manufacturer," which would exempt it from strict products liability. The Appellate Division initially dismissed the complaint, deeming Conner a casual manufacturer and attributing the sole cause of the injury to General Electric's improper installation and maintenance. However, the Court of Appeals reversed this decision, reinstating the complaint against Conner and ruling that as a custom fabricator engaged in the regular course of business, Conner was not a casual manufacturer, thus making strict liability applicable. The complaint against MTR Ravensburg was ultimately dismissed.

Strict LiabilityProducts LiabilityCasual ManufacturerCustom FabricationDesign DefectNegligenceSummary JudgmentWorker SafetyIndustrial AccidentRetractable Floor
References
8
Case No. MISSING
Regular Panel Decision

Claim of Barre v. Roofing & Flooring, Inc.

This case concerns an appeal from a Workers’ Compensation Board decision regarding a consequential injury claim. The claimant, a roofer, suffered a compensable accident in 1966. In 1976, while working as an independent contractor to facilitate a lump-sum settlement for his earlier injury, he sustained a second severe injury due to a fall. Initially, a referee disallowed the claim that the 1966 injury contributed to the 1976 accident. However, the Board reversed this, finding, based on Dr. Flood's testimony about the claimant's dizzy spells, that the second injury was causally related and consequential to the first. The court affirmed the Board's decision, concluding that there was sufficient evidence to support the finding of a consequential injury.

Workers' Compensation LawConsequential InjuryCausationMedical TestimonyDizzy SpellsLump-Sum SettlementIndependent ContractorBoard ReversalAppellate AffirmationRoofer Accident
References
1
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