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

Case No. 2019 NY Slip Op 00372 [168 AD3d 536]
Regular Panel Decision
Jan 22, 2019

Malik v. Style Mgt. Co. Inc.

Plaintiff Karam Malik sustained personal injuries after slipping on ice on a roadway between two buildings. The ice allegedly formed from water discharged from a hose attached to a building owned by 514 West 44th Street, Inc., and used by Style Management Co., Inc., a taxi company operating from the same building. The Supreme Court initially granted summary judgment to 514 West 44th Street, Inc., but the Appellate Division reversed this decision. The Appellate Division found that 514 West failed to establish its entitlement to summary judgment as it did not conclusively prove it was an out-of-possession landlord, and genuine issues of fact existed regarding its potential liability for creating the dangerous condition given its close connection with Style Management Co., Inc.

Slip and FallIce AccumulationPremises LiabilityLandowner DutySummary Judgment MotionAppellate ReversalCorporate Alter EgoProximate CauseDangerous ConditionPublic Sidewalk Liability
References
8
Case No. MISSING
Regular Panel Decision
Jul 14, 2005

Smith v. 21 West LLC Limited Liability Co.

The Supreme Court, New York County, denied defendant Bravo’s motion for summary judgment seeking to dismiss defendant 21 West’s cross claims for contribution and indemnification. Bravo failed to establish that the plaintiff was its employee or that it operated as a joint venture, thereby not barring 21 West’s cross claims under Workers’ Compensation Law § 11. Furthermore, Bravo could not demonstrate insufficient control over the work to negate negligence liability, nor prove supervision over 21 West. The appellate court found that the parties’ conduct, including Bravo commencing work and obtaining an insurance certificate, manifested an intent to be bound by an unsigned contract. Consequently, the appellate order unanimously affirmed the denial of Bravo's summary judgment motion, upholding 21 West's cross claims.

Summary JudgmentContributionIndemnificationWorkers' Compensation LawCross ClaimsContractual IndemnificationCommon-Law IndemnificationEmployee StatusJoint VentureNegligence Liability
References
4
Case No. MISSING
Regular Panel Decision
Dec 27, 1993

31 West 47th Street Co. v. Bevona

The case involves a petition to stay arbitration filed by 31 West 47th Street Co. and Lipton against Local 32B-32J, AFL-CIO. The dispute arose after 31 West stopped remitting membership benefit fund contributions, asserting the collective bargaining agreement had expired. The agreement contained an 'Evergreen Clause' stating it would remain in effect until a successor agreement was negotiated or cancelled with a three-day written notice, which 31 West failed to provide. The Supreme Court initially granted the stay, but the appellate court reversed, denying the petition and directing arbitration, emphasizing the 'Evergreen Clause' and that termination issues are for the arbitrator.

Collective bargaining agreementArbitration clauseEvergreen clauseUnion contributionsContract terminationAppellate reversalLabor relationsEmployer-employee disputeCommercial buildingNew York law
References
4
Case No. MISSING
Regular Panel Decision

Continental Casualty Co. v. Employers Insurance

Plaintiff insurance companies, Continental Insurance Co. and American Casualty Co. (CNA), initiated a declaratory judgment action seeking a declaration that they have no duty to indemnify Robert A. Keasbey Co. (Keasbey) for asbestos-related claims, arguing that all claims fall under exhausted products hazard/completed operations coverage. The defendant class of asbestos claimants sought coverage under a new 'operations' theory not subject to aggregate limits. The trial court ruled in favor of the claimants, but the appellate court reversed. The appellate court found that equitable affirmative defenses like laches applied against the claimants, who stood in Keasbey’s shoes. It further determined that coverage is triggered by 'injury-in-fact' rather than mere exposure to asbestos, and that the aggregate limits of the primary and excess policies were exhausted, thus absolving CNA of further indemnity obligations.

AsbestosInsurance Coverage DisputeDeclaratory JudgmentProducts HazardCompleted OperationsOperations CoverageAggregate LimitsExcess InsuranceBodily InjuryInjury-in-Fact
References
29
Case No. MISSING
Regular Panel Decision

Yacono v. Buck Kreighs Co.

Waterman Steamship Co., Inc. appealed an order from the Supreme Court, Kings County, which granted Buck Kreighs Co., Inc.'s motion for summary judgment dismissing Waterman's cross-claim for indemnity and contribution. The underlying action involved a longshoreman's personal injury aboard a Waterman vessel due to alleged negligence by Kreighs. Applying Federal maritime negligence law, the Appellate Court affirmed the dismissal of Waterman's cross-claims for common law contribution and indemnification, finding the plaintiff's prior dismissal against Kreighs on the merits was dispositive. The court also considered Waterman's claim for implied contractual indemnification under the Ryan doctrine but concluded that Waterman failed to raise a triable issue of fact, as it did not demonstrate that its potential liability was based on a non-fault premise. Therefore, the Supreme Court's decision to dismiss Waterman's cross-claims was affirmed.

Personal InjuryMaritime LawAdmiralty LawIndemnity ClaimsContribution ClaimsSummary Judgment AppealLongshoremen InjuriesRyan DoctrineWorkmanlike PerformanceFederal Maritime Negligence Law
References
20
Case No. 2015 NY Slip Op 09604
Regular Panel Decision
Dec 29, 2015

Maggio v. 24 West 57 PFF, LLC

Plaintiff Joseph Maggio, a drywall installer, was injured after falling from a scaffold staircase at a premises owned by 24 West 57 APF, LLC and leased by Ana Tzarev New York, LLC (ATNY). The scaffold, constructed by Atlantic Hoist & Scaffolding, LLC, had a modified staircase with plywood covering some steps, lacking anti-slip protection and having an irregular rise. Plaintiff attributed his fall to these conditions and the presence of construction debris. The Supreme Court initially denied summary judgment motions from defendants 24 West and ATNY, citing outstanding discovery, and later denied renewed motions. On appeal, the Appellate Division found 24 West and ATNY justified in bringing the second motion but denied their request for summary judgment on negligence and Labor Law § 200 claims due to factual questions regarding notice of the dangerous condition. The court also denied plaintiff's untimely cross-motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division modified the lower court's order, granting ATNY conditional contractual indemnification against R&R, and otherwise affirmed the decision.

Summary JudgmentLabor Law § 200Labor Law § 240 (1)Common-Law NegligenceContractual IndemnificationCommon-Law IndemnificationScaffold AccidentConstruction Site InjuryPremises LiabilityAppellate Procedure
References
12
Case No. MISSING
Regular Panel Decision
Jan 29, 1988

Richiusa v. Kahn Lumber & Millwork Co.

Cologero Richiusa suffered personal injuries at Flushing Truck Repair Co. and subsequently received workers' compensation benefits as an employee of Kahn Lumber & Millwork Co., Inc. Richiusa then initiated a negligence action against both Flushing Truck and Kahn Lumber. The Supreme Court denied both defendants' motions for summary judgment. On appeal, the order was reversed, with the appellate court concluding that the workers' compensation award served as an exclusive remedy against Kahn and that Richiusa was a special employee of Flushing Truck, thereby barring the action against both defendants. The complaint was dismissed.

Personal InjuryWorkers' CompensationSummary JudgmentSpecial EmployerGeneral EmployerExclusive RemedyAppellate ReviewNegligenceEmployment StatusStatutory Interpretation
References
4
Case No. MISSING
Regular Panel Decision
Mar 07, 1990

Michalak v. Consolidated Edison Co.

In a third-party action, Consolidated Edison Co. of New York (Con Edison) sought common-law and contractual indemnification from Akron Wrecking Co., Inc. (Akron), an employer whose employee, Michalak, initiated a personal injury lawsuit against Con Edison. Akron, the third-party defendant, moved for summary judgment to dismiss Con Edison's third-party complaint. The Supreme Court initially granted Akron's motion, dismissing the complaint entirely without prejudice to contractual indemnification. On appeal, the order was modified. The Appellate Division held that Con Edison, by requiring Akron to name it as an additional insured on primary and excess liability policies, waived its right to common-law indemnification up to the aggregate limits of those policies. Consequently, Akron's motion for summary judgment was granted only to the extent of dismissing claims for common-law indemnification, with the motion otherwise denied.

IndemnificationCommon-law IndemnificationContractual IndemnificationSummary JudgmentAppellate ReviewInsurance CoverageAdditional InsuredWaiver of IndemnityThird-Party ComplaintPersonal Injury Claim
References
6
Case No. MISSING
Regular Panel Decision
Aug 07, 1958

West Virginia Pulp & Paper Co. v. A. D. Lewis

The case involves an interpleader action brought by West Virginia Pulp and Paper Company concerning union dues collected from its employees. Rival claims for these funds were made by District 50, United Mine Workers of America, and an "Organizing Committee" formed by disaffiliating members of Local 12915. The core dispute revolved around the legitimacy of the disaffiliation and the validity of District 50's claim to the local's assets and checked-off dues. The court ultimately ruled in favor of District 50 and the temporary administrator of Local 12915, upholding the existing collective bargaining agreement and union constitution. The cross-claim by the "Organizing Committee" was dismissed, and the plaintiff was discharged from liability.

InterpleaderUnion Dues DisputeLabor Union DisaffiliationCollective BargainingProperty Rights of UnionsTemporary AdministrationNational Labor Relations BoardContract FrustrationDue ProcessTrade Union Law
References
8
Case No. MISSING
Regular Panel Decision

Williamson v. 16 West 57th Street Co.

Bernard Williamson, a window cleaner employed by Audobon Window Cleaning, Inc., sustained grave injuries after falling from a ledge while cleaning windows at premises owned by 16 West 57th Street Co. and leased by Mother Works, Inc. Williamson, through his guardian, sued the owner and lessee alleging violations of Labor Law §§ 200, 202, and 240. The Supreme Court granted partial summary judgment to the plaintiff on Labor Law § 240 liability. The defendants appealed, contending Labor Law § 240 was inapplicable to window cleaners and preempted by Labor Law § 202. The appellate court affirmed that Labor Law § 240 applies to professional window cleaners and is not preempted by Labor Law § 202, but granted summary judgment to the appellants dismissing the Labor Law § 202 cause of action due to a lack of demonstrated violation.

Window Cleaner InjuryFall AccidentLabor Law ApplicationStatutory PreemptionBuilding Owner LiabilityLessee LiabilitySummary Judgment RulingWorkplace SafetyElevation-Related RiskNew York Appellate Court
References
23
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