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Case Law Database

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

Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. MISSING
Regular Panel Decision

Claim of Earnest v. J.P. Molyneux Studio, Ltd.

The claimant, a secretary for an interior design company, alleged a back injury in March 2003 while lifting a box. The initial claim was disallowed by a Workers’ Compensation Law Judge, a decision subsequently affirmed by the Workers’ Compensation Board in January 2006. The claimant's application for reconsideration or full Board review was denied in a decision filed August 1, 2006. The current appeal solely challenges the denial of reconsideration, not the merits of the original claim. The court affirmed the Board's denial, concluding it was neither arbitrary nor capricious, as no new evidence had been presented.

AppealReconsideration DenialFull Board ReviewNon-Compensable InjuryAbuse of DiscretionArbitrary and CapriciousAppellate DivisionBack Injury ClaimNo New Evidence
References
5
Case No. Docket No. 10
Regular Panel Decision

Zhong v. August August Corp.

Plaintiff Jian Zhong filed a class action against defendant August August Corp. alleging denial of overtime compensation and minimum wages under the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act (NYMWA). Defendant August filed a motion to dismiss the complaint for failure to state a claim. The court granted the motion in part, dismissing the FLSA overtime claims and related state law claims, but denied it in part, allowing the FLSA minimum wage claims and related state law claims to proceed. Plaintiff Zhong was granted leave to amend the complaint to address the deficiencies in the dismissed claims.

FLSANYMWAWage and Hour DisputeOvertime CompensationMinimum Wage ViolationMotion to DismissRule 12(b)(6) MotionLeave to AmendClass Action PotentialSupplemental Jurisdiction
References
14
Case No. 2018 NY Slip Op 01255 [158 AD3d 565]
Regular Panel Decision
Feb 22, 2018

Pena v. Jane H. Goldman Residuary Trust No. 1

Juan Pena, an injured worker, sued Jane H. Goldman Residuary Trust Number 1 and Sol Goldman Investments, LLC (SGI) under Labor Law § 240 (1) after sustaining injuries from a fall off an unsecured and wobbling ladder. The Supreme Court, Bronx County, initially granted Pena partial summary judgment on the issue of liability against SGI. SGI appealed this decision. The Appellate Division, First Department, affirmed the lower court's ruling, finding that Pena's deposition testimony sufficiently established his entitlement to judgment as a matter of law. The court concluded that SGI failed to raise a triable issue of fact, particularly regarding the provision of adequate safety devices or whether Pena was the sole proximate cause of the accident.

Summary judgmentLabor Law § 240(1)Ladder accidentUnsecured ladderFall from heightConstruction site accidentAppellate decisionPrima facie caseTriable issue of factProximate cause
References
4
Case No. 2023 NY Slip Op 01287 [214 AD3d 785]
Regular Panel Decision
Mar 15, 2023

Mora v. 1-10 Bush Term. Owner, L.P.

John Mora, an injured plaintiff, along with his wife, sued 1-10 Bush Terminal Owner, L.P. after he fell from a ladder during demolition work, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' cross-motion for summary judgment on the issue of liability. The defendant appealed this decision, challenging the grant of summary judgment. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiffs had established a prima facie case and the defendant failed to raise a triable issue of fact.

Personal InjuryLadder AccidentDemolition WorkSummary JudgmentAppellate ReviewLabor Law § 240 (1)Proximate CauseNondelegable DutyElevated Work SitesSafety Devices
References
15
Case No. MISSING
Regular Panel Decision

Kimball v. Fort Ticonderoga Ass'n

Plaintiff August W. Kimball sustained serious injuries while working as an employee of a contractor at Fort Ticonderoga in Essex County, owned by the defendant. He fell 15 to 18 feet into an excavation when a nail caught his pants, lacking any safety devices at the worksite. Kimball filed a lawsuit, alleging a violation of Labor Law § 240 (1). The Supreme Court initially granted Kimball's motion for partial summary judgment on liability, but this decision was subsequently appealed. The Appellate Division reversed the Supreme Court's order, denying Kimball's motion and granting the defendant's cross-motion to dismiss the second cause of action, concluding that the circumstances of the fall were not within the contemplation of Labor Law § 240 (1).

Workers' CompensationFallConstruction SiteSafety DevicesLabor Law § 240Absolute LiabilityExcavationPremises LiabilitySummary JudgmentAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Nov 24, 1997

Becerra v. City of New York

This case concerns an appeal regarding a Labor Law § 240 (1) claim. The plaintiff, an employee of Volmar Construction, Inc., was injured on August 20, 1992, while engaged in demolition work at a City-owned building in the Bronx. He fell through an unsecured plywood platform on an elevated floor, with no safety devices provided to prevent a fall. The motion court initially denied the plaintiff's partial summary judgment motion on liability, citing factual issues regarding the fall and whether it constituted an elevation-related risk and proximate cause. However, the appellate court unanimously reversed this decision, holding that the unsecured plywood boards functioned as an elevated platform or scaffold, and their collapse constituted a prima facie violation of Labor Law § 240 (1). The court emphasized that falls through temporary floors or scaffolds are covered under this section, thus granting the plaintiff partial summary judgment on liability.

Labor Law § 240 (1)Falling from heightUnsecured platformDemolition workConstruction accidentSummary judgmentAppellate reviewBronx CountyGravity-related hazardWorkplace safety
References
8
Case No. MISSING
Regular Panel Decision
Jul 09, 2002

Saunders v. New York City Health & Hospitals Corp.

This case involves an order and judgment from the Supreme Court, New York County, concerning a proceeding under CPLR article 78. The petition was granted to the extent of enjoining the respondent from appointing temporary employees in disregard of Civil Service Law § 64 (1) and directing an amendment to its policy regarding Civil Service Law § 75 (1) (c) to include part-time employees. However, the application for lost wages and benefits on behalf of petitioner Patino was denied. The court unanimously affirmed the decision, stating that the injunctive relief was properly granted as the respondent failed to articulate an important need for open-ended temporary employment consistent with Civil Service Law. The court also rejected the argument that Civil Service Law § 75 (1) (c) applies only to full-time employees, affirming that no hearing was required for Patino's termination under the applicable collective bargaining agreements.

Temporary EmployeesCivil Service LawInjunctive ReliefPart-time EmployeesLost WagesCollective Bargaining AgreementsTerminationPublic PolicyJudicial ReviewAdministrative Law
References
4
Case No. Action No. 1
Regular Panel Decision

Felicciardi v. Town of Brookhaven

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. 2021 NY Slip Op 00602
Regular Panel Decision
Feb 04, 2021

Matter of Storms v. BOCES Erie No. 1

Claimant Michael Storms sustained work-related injuries, and his employer, Boces Erie No. 1, continued wage payments during his disability. The employer, however, failed to file a timely request for reimbursement of these wages. A Workers' Compensation Law Judge initially credited the employer for wages paid, but the claimant disputed this entitlement. The Workers' Compensation Board subsequently modified the decision, ruling that the employer had waived its right to reimbursement due to the untimely filing. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that formal requests are necessary and a belated oral reference was insufficient.

Workers' CompensationReimbursementWage PaymentsTimelinessAppellate ReviewWCLJ DecisionBoard ModificationWaiver of RightsDisability BenefitsEmployer Obligation
References
9
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