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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

Jones v. 414 Equities LLC

A demolition worker, Jones, fell 10-12 feet when a permanent floor collapsed during renovation. He sued the owner, 414 Equities LLC, and general contractor, Artimus Construction, Inc., under Labor Law §§ 200, 240(1), and 241(6) and common-law negligence. Plaintiff moved for summary judgment on Labor Law § 240(1) liability, arguing an elevation-related risk and lack of safety devices, and the floor's decay. The Supreme Court denied this motion, ruling that a permanent floor collapse only posed an elevation-related risk if foreseeable, and plaintiff's evidence was insufficient. The Supreme Court also denied plaintiff's motion for a default judgment against the general contractor and granted the contractor's cross-motion for leave to serve a late answer. This appellate court affirmed both Supreme Court orders, concluding that foreseeability is required for Labor Law § 240(1) liability in permanent floor collapse cases, and finding the general contractor's brief delay in answering excusable.

Demolition workLabor Law § 240(1)Elevation-related riskPermanent floor collapseSummary judgmentForeseeabilityAppellate reviewWorker safetyConstruction site accidentGeneral contractor liability
References
57
Case No. MISSING
Regular Panel Decision
Nov 01, 2000

Cruceta v. Funnel Equities, Inc.

Juanita Cruceta, an employee of Waldbaum, Inc., was injured after tripping at work and subsequently filed a workers' compensation claim. Along with her husband, Qulvio Cruceta, she initiated a personal injury lawsuit against Funnel Equities, Inc., the building owner and a wholly-owned subsidiary of Waldbaum. Funnel moved for summary judgment, asserting the workers' compensation exclusivity provision under Workers' Compensation Law § 29 (6), arguing it was an 'alter ego' of Waldbaum. The Supreme Court denied Funnel's motion. The appellate court affirmed this decision, citing unresolved factual issues regarding Funnel's 'alter ego' status with Waldbaum and its parent company, A&P, and whether Funnel possessed exclusive knowledge of these pertinent facts.

Personal InjurySummary JudgmentWorkers' Compensation ExclusivityAlter Ego DoctrineCorporate VeilSubsidiary LiabilityFactual IssuesAppellate ReviewEmployer LiabilityBuilding Owner
References
3
Case No. MISSING
Regular Panel Decision

Palacino v. Equity Management Group

In this case, Emanuel Palacino, a porter for Equity Management Group, was injured in an elevator accident. Equity Management Group moved to amend its answer to assert the affirmative defense of the Workers' Compensation Law, arguing Palacino was a special employee, and sought summary judgment. The Supreme Court, Queens County, denied Equity's motion. On appeal, the Appellate Division modified the order, granting Equity leave to amend its answer. However, the court found triable issues of fact concerning Palacino's special employee status and Equity's indemnification claim against Century Elevator Maintenance Corp., precluding summary judgment on those issues.

Personal InjuryWorkers' Compensation DefenseSpecial Employee StatusLeave to Amend AnswerSummary Judgment MotionIndemnification ClaimTriable Issues of FactAppellate ReviewElevator AccidentEmployer Liability
References
9
Case No. MISSING
Regular Panel Decision

Reeves v. Continental Equities Corp. of America

Alfred P. Reeves sued Continental Equities Corporation of America and Continental Corporation alleging wrongful discharge under federal securities laws and implied contract, severance benefits under New York law and ERISA, and unreimbursed business expenses. After initial federal claims were dismissed and some remanded by the Second Circuit, Reeves filed an Amended Complaint, adding defamation and demands for a jury trial and punitive damages. Continental moved to dismiss certain state law claims and strike the jury demand and punitive damages requests. The court dismissed the federal securities law claim (again) and the defamation claim for lack of specificity and potential untimeliness. It allowed the ERISA severance benefits claim and the remaining state law claims (wrongful discharge, unreimbursed business expenses) to proceed under pendent jurisdiction. The jury trial demand for ERISA benefits was allowed to stand for further discovery, and punitive damages for ERISA were deferred, but punitive damages for the breach of contract claim were stricken under New York law.

wrongful dischargeERISAseverance benefitsimplied contractdefamationpunitive damagesjury trialfederal securities lawspendent jurisdictionsummary judgment
References
27
Case No. 2014 NYSlipOp 06570 [121 AD3d 661]
Regular Panel Decision
Oct 01, 2014

Renaissance Equity Holdings, LLC v. Al-An Elevator Maintenance Corp.

This case involves a dispute between Renaissance Equity Holdings, LLC (plaintiff) and Al-An Elevator Maintenance Corporation (defendant) concerning a 10-year elevator maintenance contract. The defendant ceased services, alleging unsafe premises. The plaintiff subsequently sued for breach of contract and fraud. The Supreme Court partially dismissed the plaintiff's claims, specifically regarding consequential damages for breach of contract and the entire fraud cause of action. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the breach of contract claim was adequately pleaded, the limitation on liability for consequential damages was enforceable, and the fraud claim was properly dismissed as it was not collateral to the contract.

Breach of ContractFraudElevator Maintenance AgreementConsequential DamagesMotion to DismissCPLR 3211Condition PrecedentLimitation on LiabilityAppellate Review
References
21
Case No. MISSING
Regular Panel Decision
Nov 29, 1994

City of New York v. 1820-1838 Amsterdam Equities, Inc. (In re 1820-1838 Amsterdam Equities, Inc.)

The City of New York, a creditor-appellant, sought leave to appeal an interlocutory order from the United States Bankruptcy Court for the Southern District of New York. The Bankruptcy Court had denied the City's motion to dismiss the Chapter 11 petition of 1820-1838 Amsterdam Equities, a debtor in default on over $400,000 in city taxes. District Judge Sweet, presiding over the motion for leave to appeal, found that the City failed to meet the standards for interlocutory appeals under 28 U.S.C. § 1292(b). The court determined there was no controlling question of law with a substantial ground for difference of opinion, and an immediate appeal would not materially advance the litigation. Consequently, the motion for leave to appeal was denied, upholding the Bankruptcy Court's fact-specific decision.

BankruptcyInterlocutory AppealMotion to DismissChapter 11CreditorDebtorReal Estate TaxesMortgageJudicial DiscretionAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Gross v. New Balance Athletic Shoe, Inc.

Plaintiffs Ellen M. Sullivan and Mark Gross filed an antitrust class action lawsuit against New Balance Athletic Shoe, Inc., alleging a vertical resale price maintenance scheme that violated antitrust laws and New York’s Consumer Protection Act. They claimed to have suffered economic injury due to inflated shoe prices. Defendant New Balance moved to dismiss the complaint. District Judge Sweet granted the motion to dismiss, ruling that the plaintiffs lacked standing because they could not demonstrate direct injury from purchasing from conspiring retailers. The court also dismissed the pendent state law claims without prejudice, granting plaintiffs leave to refile the complaint within 30 days, provided they limit the class to those who purchased from conspiring retailers.

AntitrustClass Action LawsuitResale Price MaintenanceSherman Act Section 1Clayton Act Section 4Consumer StandingMotion to DismissEconomic InjuryPrice Fixing SchemeIndirect Purchaser Standing
References
38
Case No. MISSING
Regular Panel Decision

In Re J.P. Morgan Chase Cash Balance Litigation

Plaintiffs alleged that the JPMorgan Chase Retirement Plan implemented by JPMorgan Chase violated ERISA by being age discriminatory and by failing to provide adequate notice of reduced benefit accruals after converting to a cash balance plan. Defendants moved to dismiss all remaining counts. The court denied the motion to dismiss for the age discrimination claim (Count I) and the notice claims (Counts IV-VI), interpreting ERISA's "rate of benefit accrual" to refer to the employee's retirement benefit, which is detrimentally affected for older workers in cash balance plans. The court found that the plan conversion could lead to a significant reduction in benefit accrual, requiring notice. Counts II and III, related to back-loading and forfeiture claims, were dismissed as they had been withdrawn by the plaintiffs.

ERISAAge DiscriminationCash Balance PlansDefined Benefit PlansDefined Contribution PlansBenefit AccrualStatute of LimitationsMotion to DismissNotice RequirementsSummary Plan Description
References
23
Case No. MISSING
Regular Panel Decision

UnitedHealthcare Services, Inc. v. Asprinio

UnitedHealthcare Services, Inc. sought a preliminary injunction to prevent out-of-network providers David Asprinio, M.D., and University Orthopaedics, P.C., from balance billing its members for amounts exceeding United's payments. The court denied the motion, finding that United failed to establish a likelihood of success on the merits, irreparable injury, or a favorable balance of equities. The court emphasized the absence of a contractual relationship between the insurer and providers and the lack of an applicable statute compelling providers to accept United's payments, reaffirming the common-law right of providers to seek reasonable fees from patients. United's claims of tortious interference and deceptive practices under General Business Law § 349 were also dismissed for lack of supporting evidence or standing.

Preliminary InjunctionBalance BillingOut-of-Network ProviderHealth Insurance DisputeTortious InterferenceGeneral Business Law 349Quantum MeruitMedical FeesFair Health DatabaseImplied Contract
References
37
Case No. 653709/2013
Regular Panel Decision
Jun 07, 2016

Platinum Equity Advisors, LLC v. SDI, Inc.

This case involves a dispute arising from an April 28, 2011 transaction where Plaintiffs (Sellers) sold shares in Project Eagle to Defendant SDI, Inc. (Purchaser). SDI claims Sellers breached representations and warranties in the Stock Purchase Agreement (SPA), while Sellers contend SDI breached the Escrow Agreement by submitting an invalid claim notice and retaining escrowed funds. Both parties moved for summary judgment, and Plaintiffs also sought dismissal on spoliation grounds. The court partially granted and partially denied Plaintiffs' summary judgment motion, dismissing SDI's claims regarding Taxes and temporary workers, but denying dismissal for Financial Statements and Suppliers/Customers. Defendant's motion for summary judgment was granted, dismissing the Sellers' Representative's claim for breach of the Escrow Agreement. Finally, Plaintiffs' motion for spoliation sanctions was denied due to a lack of demonstrated control over non-party entities.

Breach of ContractSummary JudgmentEscrow AgreementSpoliation of EvidenceStock Purchase AgreementCorporate AcquisitionIndemnification ClaimDue DiligenceFinancial StatementsSuppliers and Customers
References
27
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