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

Case No. 2021 NY Slip Op 03866
Regular Panel Decision
Jun 16, 2021

Zaborowski v. Roman Catholic Diocese of Brooklyn

Bogdan Zaborowski, a grave digger, filed an action against Roman Catholic Diocese of Brooklyn for intentional infliction of emotional distress and constructive discharge from employment. Zaborowski alleged he was compelled to step on caskets during burials, leading to severe psychological injuries and his forced resignation due to intolerable work conditions. The Supreme Court, Suffolk County, granted the defendants' motion for summary judgment, dismissing the complaint. The Appellate Division, Second Department, affirmed this decision. The court found that the defendants had established that stepping on caskets was sometimes necessary for grave diggers to remove lowering materials, and the plaintiff failed to raise a triable issue of fact demonstrating the defendants intentionally sought to cause him harm or deliberately created intolerable working conditions.

Intentional Infliction of Emotional DistressConstructive DischargeSummary JudgmentAppellate ReviewEmployment LawWorkplace ConditionsGrave DiggerReligious InstitutionWorkers' Compensation Law ExceptionEmployer Liability
References
5
Case No. MISSING
Regular Panel Decision
May 12, 1997

Smith v. Roman Catholic Diocese of Syracuse

This case concerns an appeal from a Supreme Court order granting summary judgment to the defendants, Roman Catholic Diocese of Syracuse and Seton Catholic Central High School, in a tort action. The plaintiff, who sustained injuries in 1988, initially received workers' compensation benefits after identifying Catholic Schools of Broome County (CSBC) as his employer. Subsequently, he filed two separate tort actions alleging Labor Law violations against the Diocese and Seton. The defendants argued an exclusive remedy defense under Workers' Compensation Law. The Supreme Court ruled in favor of the defendants, finding that Seton and CSBC functioned as administrative divisions and alter egos of the Diocese, thus precluding the tort action. The Appellate Division affirmed this decision, concluding that the defendants successfully demonstrated complete domination and control by the Diocese over CSBC and Seton, thereby establishing the workers' compensation defense.

Workers' Compensation LawExclusive RemedySummary JudgmentAlter Ego DoctrineCorporate DominationLabor LawAppellate ReviewBurden of ProofParent-Subsidiary RelationshipReligious Institutions
References
9
Case No. MISSING
Regular Panel Decision

Arias v. St. Rosalia's Roman Catholic Church

The plaintiff appealed an order from the Supreme Court, Kings County, which granted summary judgment to St. Rosalia’s Roman Catholic Church in a personal injury case. The plaintiff claimed to have fallen in an unlit courtyard on the defendant's property. The defendant presented evidence that the courtyard light was functional and they lacked actual or constructive notice of any dangerous condition. The appellate court affirmed the lower court's decision, concluding that the plaintiff failed to provide admissible evidence sufficient to raise a triable issue of fact concerning the defendant's alleged negligence.

personal injurypremises liabilitysummary judgmentappealnegligencenoticeunlit propertyfall accidentNew York lawappellate review
References
2
Case No. 2018 NY Slip Op 06527
Regular Panel Decision
Oct 03, 2018

Monaghan v. Roman Catholic Diocese of Rockville Ctr.

This case involves Kaitlyn Monaghan's action against the Roman Catholic Diocese of Rockville Centre and St. Francis of Assisi Parish, alleging personal injuries from sexual abuse by Father Gregory Yacyshyn. The plaintiff asserted claims including criminal nuisance and public nuisance. The defendants appealed an order denying their motion to dismiss these specific causes of action. The Appellate Division reversed the lower court's decision, granting the defendants' motion to dismiss the criminal nuisance claim because Penal Law § 240.45 does not create a private right of action. Furthermore, the court granted the dismissal of the public nuisance claim, finding that the complaint failed to identify a cognizable common public right interfered with by the Diocese's actions regarding the disclosure of accused priests.

Child sexual abuseVicarious liabilityNegligent supervisionCriminal nuisancePublic nuisanceDismissal motionAppellate reviewCPLR 3211 (a)(7)Private right of actionMandated reporters
References
12
Case No. MISSING
Regular Panel Decision

Local 342 v. Town of Huntington

The Town of Huntington appealed a judgment that vacated an arbitration award concerning the suspension of Cipriano Roman, a heavy equipment operator. Roman was suspended after his property was cited for code violations, leading to a grievance and arbitration. The arbitrator found just cause for suspension, but the Supreme Court vacated this award, deeming it irrational and exceeding the arbitrator's authority, and ordered Roman's reinstatement with back pay. The appellate court affirmed the Supreme Court's judgment, agreeing that an arbitrator's award can be vacated if irrational and concluding that Roman's off-duty conduct was unrelated to his job duties, thus lacking justification for the suspension.

Arbitration VacaturEmployee SuspensionOff-duty MisconductIrrational Arbitration AwardArbitrator Exceeded AuthorityCollective Bargaining AgreementReinstatementBack PayLost BenefitsCPLR Article 75 Proceeding
References
8
Case No. 2020 NY Slip Op 01290 [180 AD3d 590]
Regular Panel Decision
Feb 25, 2020

Reyes v. Roman Catholic Church of St. Raymond

The Appellate Division, First Department, unanimously affirmed an order from the Supreme Court, Bronx County. The case involved plaintiff Felipe Reyes, a special employee of The Roman Catholic Church of St. Raymond, whose Labor Law § 240 (1) claim was dismissed based on Workers' Compensation Law § 29 (6). The court also denied summary judgment on St. Raymond's third-party contractual indemnification claim against ABM Janitorial Services-Northeast, Inc., due to an unresolved issue of fact regarding ABM's negligence. The decision concluded that Reyes's claim against St. Raymond was barred due to his special employee status.

Special Employee DoctrineSummary JudgmentLabor Law § 240(1)Workers' Compensation Law § 29(6)Contractual IndemnificationThird-Party ClaimAppellate ReviewWorkplace InjuryPremises LiabilityNegligence
References
2
Case No. MISSING
Regular Panel Decision

Roman v. Schweiker

The plaintiff, Magdalena Roman, appealed a denial of Supplemental Security Income (SSI) benefits. The case was previously remanded by the District Court to the Secretary of Health and Human Services for a more specific determination regarding whether her physical impairments prevented her from returning to her former work. Subsequently, Roman filed an application for attorney's fees under the Equal Access to Justice Act (EAJA). The Court denied this application, holding that Roman was not a "prevailing party" within the meaning of the EAJA. The Court reasoned that a remand for additional evidence, without a substantive determination on the merits of her disability claim, was not sufficient to establish her as a prevailing party.

Attorney's FeesEqual Access to Justice ActPrevailing PartyRemandSupplemental Security IncomeDisability BenefitsSocial SecurityAppellate PracticeStatutory InterpretationFederal Courts
References
4
Case No. 2021 NY Slip Op 08228
Regular Panel Decision
Mar 17, 2021

Leon-Rodriguez v. Roman Catholic Church of Sts. Cyril & Methodius

In this personal injury action, Rafael Leon-Rodriguez was injured while demolishing a ceiling with an unrailed scaffold, leading to a fall when concrete dislodged. He sued Roman Catholic Church of Saints Cyril and Methodius, Hundred Crowns, LLC, and Deluxe Home Builders Corp. alleging violations of Labor Law §§ 200, 240 (1), 241 (6), and common-law negligence. The defendants initiated a third-party action against Mybem Corp., the plaintiff's employer, for indemnification and breach of contract. The Appellate Division, Second Department, modified the Supreme Court's order, granting the plaintiff summary judgment on Labor Law § 240 (1) and 12 NYCRR 23-5.3 (e), affirming the finding that the lack of safety railings was a proximate cause of his injuries. Concurrently, the court granted the defendants' cross-motion to dismiss the Labor Law § 200 and common-law negligence claims, concluding they lacked supervision over the work and did not create or have notice of any latent dangerous condition. All other motions, including contractual indemnification against Mybem, were denied.

Personal InjuryConstruction AccidentLabor LawScaffold SafetySummary JudgmentAppellate DivisionWorkplace SafetyProximate CauseCommon Law NegligenceContractual Indemnification
References
17
Case No. 2019 NY Slip Op 05763
Regular Panel Decision
Jul 24, 2019

Cruz v. Roman Catholic Church of St. Gerard Magella in Borough of Queens in the City of N.Y.

Wilson Cruz, a laborer, sustained injuries when a scaffold collapsed while he was working on a renovation project. He and his wife initiated a lawsuit against the building owner, Roman Catholic Church of St. Gerard Magella, alleging violations of the Labor Law. The plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 (1) was denied by the Supreme Court. On appeal, the Appellate Division, Second Department, reversed the lower court's decision. The Appellate Division determined that the scaffold's collapse established a prima facie case of a Labor Law § 240 (1) violation, and the defendant failed to present sufficient evidence to create a triable issue of fact. Consequently, the plaintiffs' motion for summary judgment on liability was granted.

Scaffolding collapseLabor Law 240(1)Summary judgmentProximate causeNondelegable dutyConstruction accidentWorkplace safetyAppellate reviewPersonal injuryProperty owner liability
References
8
Case No. MISSING
Regular Panel Decision
May 20, 1996

Roman v. 1185 Avenue of the Americas Associates

This case involves an appeal from an order granting the plaintiff, Victor Roman, leave to amend his bill of particulars to include additional injuries. Roman filed an action in 1989 for injuries sustained in a 1987 job site accident, initially alleging traumatic degenerative arthritis and torn muscles in his left hip. After undergoing hip replacement surgeries in 1992 and 1994, a stipulation was made in 1994 with defendant A.J. Contracting Co., allowing for further discovery if the hip surgeries were later alleged to be causally related. In 1996, Roman moved to amend his bill of particulars to include these surgeries, supported by proof of workers' compensation coverage due to the causal connection. The court granted this motion, and the appellate court affirmed, citing the policy of freely allowing amendments in the absence of prejudice, which the defendants failed to demonstrate.

Personal injurySlip and fallConstruction accidentHip replacementBill of particularsLeave to amendStipulationCausal connectionWorkers' compensationPrejudice
References
1
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