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

Case No. 2025 NY Slip Op 03533 [239 AD3d 481]
Regular Panel Decision
Jun 10, 2025

MevRam Servs., LLC v. Quadrum Hospitality Group, LLC

This case concerns an appeal regarding a 'no-poaching' provision within staffing agreements between MevRam Services, LLC and Quadrum Hospitality Group, LLC, along with its affiliates. MevRam Services, LLC furnished employees to the Arlo hotels, and the agreement prohibited defendants from hiring these employees for a period. Defendants moved to dismiss MevRam's claims, arguing the provision violated the New York City Displaced Building Service Workers Protection Act (DBSWPA) and constituted unenforceable penalties. The Supreme Court denied the motion. The Appellate Division, First Department, affirmed the Supreme Court's order, concluding that the no-poaching provision did not violate the DBSWPA as employees were not displaced, and defendants failed to demonstrate any overriding public policy concerns or that the fees were penalties.

No-Poaching ClauseStaffing AgreementBreach of ContractLiquidated DamagesMotion to DismissDisplaced Building Service Workers Protection ActAppellate DivisionContract LawEmployment LawHotel Industry
References
3
Case No. MISSING
Regular Panel Decision

NYU Hospitals Center v. HRH Construction LLC (In re HRH Construction LLC)

NYU Hospitals Center appealed a Bankruptcy Court ruling in favor of HRH Construction LLC and Curtis Partition Corporation concerning a construction contract dispute for a radiology center renovation. NYU alleged HRH breached the contract by failing to proceed with Phase 2, while HRH claimed NYU obstructed its performance by contacting a replacement contractor and failing to make timely payments. The District Court affirmed the Bankruptcy Court's findings that NYU breached the contract and its awards for damages to HRH and Curtis. However, the District Court vacated the Bankruptcy Court's holding that NYU held monies due to Curtis in trust under New York Lien Law Article 3-A, concluding no trust funds were established. All other claims by NYU against Curtis, including willful exaggeration of lien and indemnification, were denied.

Construction DisputeBreach of ContractBankruptcy AppealContractual ObligationsTimely PaymentsSubcontractor DisputesMechanic's LienIndemnification ClaimsThird-Party BeneficiaryFrustration of Performance
References
23
Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. MISSING
Regular Panel Decision

Huntington Hospital v. Huntington Hospital Nurses' Ass'n

Huntington Hospital initiated an action under the Federal Arbitration Act to partially vacate an arbitration award, while the Huntington Hospital Nurses’ Association cross-petitioned to confirm it. The dispute originated from the Hospital unilaterally granting two nurses, Betty Evans and Lynn Meyer, longevity pay credits exceeding the ten-year cap stipulated in their collective bargaining agreement (CBA). The arbitrator found the Hospital violated the CBA's sections on pay and exclusive bargaining rights. The arbitrator mandated the Hospital roll back excess credits and recover overpayments. The District Court denied the Hospital's petition, dismissing arguments regarding public policy, manifest disregard for law, and lack of award finality, ultimately confirming the arbitration award.

Arbitration AwardCollective Bargaining AgreementLabor LawFederal Arbitration ActWage DisputesLongevity PayUnion RightsPublic Policy ExceptionManifest Disregard of LawContract Interpretation
References
22
Case No. 2023 NY Slip Op 05725 [221 AD3d 805]
Regular Panel Decision
Nov 15, 2023

MJ Lilly Assoc., LLC v. Ovis Creative, LLC

The plaintiff, MJ Lilly Associates, LLC, initiated legal action against Ovis Creative, LLC, alleging violations of the Freelance Isn't Free Act (FIFA). The claims stemmed from the defendant's alleged failure to provide written contracts and to timely pay for freelance work performed by the plaintiff. Ovis Creative, LLC subsequently filed a motion to dismiss the FIFA causes of action, asserting that MJ Lilly Associates, LLC did not qualify as a 'freelance worker' under the Act. The Supreme Court denied this dismissal motion. On appeal, the Appellate Division, Second Department, affirmed the lower court's decision, ruling that the defendant's submitted evidence did not meet the criteria for 'documentary evidence' required for dismissal under CPLR 3211 (a)(1) and that the plaintiff had adequately stated a cause of action under CPLR 3211 (a)(7).

Freelance Isn't Free ActFIFAIndependent ContractorMotion to DismissCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary EvidenceContract DisputePayment DisputeNew York City Administrative Code
References
10
Case No. MISSING
Regular Panel Decision

MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC

This case involves MLF3 Airitan LLC and MLF3 DC LLC (plaintiffs) suing 2338 Second Avenue Mazal LLC, 167th Street Mazal LLC, Eran Polack, Amir Hasid, Nir Amsel, Bank Leumi USA, and John Doe numbers 1 through 10 (defendants) for breach of fiduciary duty, trust fund diversion, and a declaratory judgment regarding mechanic's liens. Plaintiffs sought an accounting, damages, and priority for their mechanic's liens over Bank Leumi's liens, citing improper notice of lending and unfiled material modifications to loan agreements under the Lien Law. Defendants Bank Leumi and the Mazal entities cross-moved to dismiss based on various procedural grounds and failure to state a cause of action. The court granted Bank Leumi's motions to dismiss the fourth and fifth causes of action concerning the priority claims. However, it denied the defendants' motion to dismiss the sixth cause of action, allowing the action to proceed concurrently with a lien foreclosure action. Additionally, the court granted plaintiffs' cross-motions for an interim accounting and for consolidation of the actions.

Mechanic's LiensDeclaratory JudgmentTrust Fund DiversionBreach of Fiduciary DutyBuilding Loan AgreementLien Law Article 3-AMotion to DismissInterim AccountingConsolidation of ActionsPriority Disputes
References
35
Case No. 2024 NY Slip Op 04102
Regular Panel Decision
Aug 01, 2024

Powerflex Solar, LLC v. Solar PV Pros, LLC

Plaintiff Powerflex Solar, LLC appealed two orders from Supreme Court in Albany County. The first order partially granted motions by defendants Solar PV Pros, LLC (SPVP) and EoS Organization, LLC to dismiss the complaint for lack of personal jurisdiction regarding agreements for solar modules to be delivered to Rhode Island and California, and for failure to state claims for breach of contract as a third-party beneficiary and conversion against EoS. The second order adhered to the prior decision upon reargument. The Appellate Division affirmed, finding no articulable nexus between the New York agreements and the Rhode Island and California agreements for personal jurisdiction. The court also agreed that plaintiff was not a third-party beneficiary of the Meitus-EoS agreements and failed to state a claim for conversion due to lack of identifiable funds.

Personal JurisdictionContract LawThird-Party BeneficiaryConversionMotion to DismissAppellate ReviewJurisdictional NexusDelaware LLCCalifornia LawSolar Modules
References
33
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. 2023 NY Slip Op 03319
Regular Panel Decision
Jun 20, 2023

Winston Salem RI LLC v. Ladder Capital Fin. LLC

This case concerns an appeal by Winston Salem RI LLC against Ladder Capital Finance LLC regarding the dismissal of breach of contract claims. The Appellate Division, First Department, modified a Supreme Court order, reinstating claims related to the payment of forbearance fees and improper foreclosures, while affirming other aspects. The court clarified that a specific loan agreement section does not bar claims not challenging the reasonableness of Ladder's actions. Furthermore, it ruled that demand futility was adequately pleaded under Delaware law and that there is no heightened pleading requirement for breach of contract claims.

Breach of ContractDemand FutilityLoan AgreementsForbearance FeesImproper ForeclosuresAppellate ReviewDelaware LawPleading RequirementsContractual InterpretationMotion to Dismiss
References
3
Case No. 2019 NY Slip Op 04460 [173 AD3d 437]
Regular Panel Decision
Jun 06, 2019

Madison Sullivan Partners LLC v. PMG Sullivan St., LLC

Plaintiff Madison Sullivan Partners LLC appealed an order that dismissed its complaint against PMG Sullivan Street, LLC and awarded attorneys' fees to the defendants. The plaintiff alleged damages from a joint property development due to delays, cost overruns, bad faith, intentional wrongdoing, and gross negligence by PMG Sullivan. The court found that the plaintiff's allegations were insufficient to demonstrate demand futility under Delaware law, lacking particularized facts to show a 'substantial likelihood' of personal liability for the defendants. Consequently, claims for breach of fiduciary duty and aiding and abetting were dismissed. Furthermore, the claim for an accounting was deemed abandoned, and the breach of construction management agreement claim was barred by a waiver of consequential damages. The Appellate Division affirmed the lower court's decision, including the award of attorneys' fees to the defendants, finding the contractual provision plainly supported such an award to the prevailing party.

Business disputeDemand futilityDelaware lawFiduciary dutyAttorneys' feesConsequential damagesWaiverContract enforcementDerivative actionAppellate review
References
7
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