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

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

Jenkins v. Arcade Building Maintenance

Jenkins, an African American woman, sued her former employer and several individuals and entities (Initial Contract Serviced, Petar Dedovic, Argirre Lolovic, Arcade Building Maintenance, and Local 32B-32J Service Employees International Union) for alleged discrimination based on race, color, national origin, and gender, and retaliation under 42 U.S.C. § 1981, and conspiracy under 42 U.S.C. § 1985. She claimed harassment and wrongful termination after filing a discrimination complaint in 1993. Defendants moved to dismiss the complaint. The court granted the motion, dismissing the § 1981 claims for lack of specific allegations of racial animus and finding gender discrimination not actionable under § 1981. It also dismissed the § 1985 conspiracy claim, ruling that a § 1981 employment discrimination claim cannot serve as its basis. The court further determined that events prior to May 1, 1995, were time-barred and the continuing violation doctrine did not apply due to conclusory allegations. Jenkins was granted leave to replead her First and Second Claims for Relief.

DiscriminationRetaliationConspiracy42 U.S.C. § 198142 U.S.C. § 1985Employment LawMotion to DismissStatute of LimitationsContinuing Violation DoctrineRacial Discrimination
References
59
Case No. 2021 NY Slip Op 01845
Regular Panel Decision
Mar 25, 2021

Goya v. Longwood Hous. Dev. Fund Co., Inc.

This case from the Appellate Division, First Department, involves appeals related to a Labor Law action stemming from an incident on a fire escape ladder. The court modified several Supreme Court orders, granting summary judgment dismissal for A.A.D. Construction Corp. on a Labor Law § 241 (6) claim, while denying renewal for a Labor Law § 240 (1) claim. It also addressed complex issues of contractual indemnification and breach of contract for failure to procure insurance among various defendants and third-party defendants, including Longwood Housing Development Fund Co., Inc., Melcara Corp., AIM Construction of NY Inc., Clark & Wilkins Industries, Inc., Cross Contracting, Inc., and Triboro Maintenance Corp. The court affirmed in part, modified in part, and reversed a judgment dismissing a contribution claim, reinstating it.

Labor LawIndustrial CodeSummary JudgmentContractual IndemnificationBreach of ContractFailure to Procure InsuranceElevation-Related RiskFire Escape LadderStatutory AgentAnti-Subrogation
References
24
Case No. 01-12-00216-CV
Regular Panel Decision
Feb 04, 2014

Hand & Wrist Center of Houston, P.A. and SCA Houston Hospital for Specialized Surgery L.P. v. Maintenance Supply Headquarters, LP

Appellants Hand & Wrist Center, P.A. and SCA Houston Hospital for Specialized Surgery, L.P. appealed the trial court's summary judgment in favor of Maintenance Supply Headquarters, L.P., concerning a breach of contract claim. The dispute arose from a "Letter of Guarantee" signed by Maintenance Supply for medical services provided to an injured employee, Daniel Contreras, whose workers' compensation claim was denied. Maintenance Supply argued estoppel and the applicability of the Labor Code's exclusive remedies provision. The Court of Appeals found the estoppel defense inapplicable and, crucially, ruled that Labor Code section 408.001(a)'s exclusive remedies provision applies only to employees and their beneficiaries, not to health care providers. Consequently, the appellate court reversed the summary judgment and remanded the case for further proceedings.

Breach of contractSummary judgmentWorkers' compensationExclusive remedyHealth care providersStatutory interpretationTexas Labor CodeEstoppelLetter of GuaranteeAppellate review
References
10
Case No. 03-15-00341-CV
Regular Panel Decision
Apr 30, 2015

Antioch St. Johns Cemetery Company D/B/A American Memorial Park, Grand Prairie, Texas Gerald Weatherall And Beverly Randall-Weatherall v. Texas Department of Banking Commissioner

This appellate brief argues that the appellants, Antioch St. Johns Cemetery Company, Gerald Weatherall, and Beverly Randall-Weatherall, failed to preserve their arguments for judicial review by submitting an insufficiently definite motion for rehearing. The brief contends that the Commissioner's Final Order, which imposed a $56,000 administrative penalty against the cemetery company and Gerald Weatherall for numerous violations of the Texas Health and Safety Code Chapters 711 and 712, was supported by substantial evidence. It highlights a pattern of willful disregard for the law by Gerald Weatherall in operating the perpetual care cemetery, citing poor record-keeping, inadequate maintenance, and operation without a corporate charter or certificate of authority. The appellee, the Texas Department of Banking Commissioner, requests the Third Court of Appeals to affirm the Travis County District Court's judgment upholding the administrative order.

Administrative LawAppellate ReviewCemetery RegulationPerpetual CareTexas Department of BankingRegulatory ViolationsCorporate ShieldingIndividual LiabilitySubstantial Evidence ReviewMotion for Rehearing
References
13
Case No. MISSING
Regular Panel Decision

Organized Maintenance, Inc. v. Brock (In Re Organized Maintenance, Inc.)

Organized Maintenance, Inc. (OMI), a Chapter 11 debtor, initially secured a Bankruptcy Court order in April 1985 that stayed the U.S. Department of Labor from pursuing debarment proceedings against OMI under the Service Contract Act, related to pre-bankruptcy wage and fringe benefit violations. The Bankruptcy Court's order also nullified a prior debarment decision and denied the defendants' motion to dismiss. The defendants, including the Secretary of Labor, appealed this decision to the District Court. During the appeal, OMI expressed its desire to withdraw the adversary proceeding and consented to the continuation of debarment processes. Consequently, the District Court vacated the Bankruptcy Court's order as moot, dismissed the adversary proceeding, and permitted the defendants to resume debarment proceedings against OMI, with each party bearing its own costs.

BankruptcyService Contract ActDebarmentWage ViolationsMootnessAdversary ProceedingFederal Government ContractsChapter 11Federal Rules of Civil ProcedureAppellate Review
References
2
Case No. 13-99-271-CV
Regular Panel Decision
Aug 30, 2002

West, Randy and Antonia West v. Maintenance Tool and Supply Co., Inc. and Rene Rodriguez, Individually and as Representative of Maintenance Tool and Supply Co., Inc.

The appellants, Randy and Antonia West, appealed a default summary judgment granted in favor of appellees, Maintenance Tool & Supply Co., Inc. and Rene Rodriguez. The claims at issue were workers' compensation retaliation and defamation, along with sanctions imposed against West's counsel. The appellate court affirmed the trial court's grant of summary judgment on the retaliation claim, finding that Maintenance Tool & Supply Co. established a legitimate, non-discriminatory reason for West's termination and that West had adequate notice of the hearing. The defamation claim was also affirmed for summary judgment due to judicial proceeding privilege. However, the court reversed the order imposing sanctions, ruling that the trial court abused its discretion by not providing notice and an evidentiary hearing as required by procedural rules before imposing sanctions.

Summary judgmentWorkers' compensation retaliationDefamationRule 13 sanctionsAbuse of discretionNotice of hearingMotion for new trialCausation employment lawJudicial proceeding privilegeAttorney conduct
References
35
Case No. MISSING
Regular Panel Decision
Jun 23, 1997

Mount Ararat Cemetery v. Cemetery Workers & Greens Attendants Union, Local 365

Mount Ararat Cemetery (Ararat) filed a motion for a preliminary injunction to halt an arbitration proceeding initiated by Cemetery Workers and Greens Attendants Union, Local 365 (Local 365). The dispute arose after their collective bargaining agreement expired, concerning the assignment of 'disinterment' duties based on a rotating seniority system. Ararat argued that the grievance was not arbitrable post-contract expiration. The court, citing precedents such as *Litton Financial Printing Div. v. N.L.R.B.* and *Local 1251 Int’l Union v. Robertshaw Controls Co.*, determined that seniority rights are not vested in the Second Circuit and the arbitration clause did not explicitly survive the contract's termination. Consequently, the court found that Ararat would suffer irreparable harm if forced to arbitrate a non-arbitrable dispute and was likely to succeed on the merits. Thus, Ararat's motion for a preliminary injunction was granted.

Preliminary InjunctionArbitration DisputeCollective Bargaining AgreementContract ExpirationSeniority RightsLabor LawIrreparable HarmLikelihood of Success on MeritsPost-Expiration GrievancesFederal Rule of Civil Procedure 65(a)
References
10
Case No. 2024 NY Slip Op 05609 [232 AD3d 1003]
Regular Panel Decision
Nov 14, 2024

Matter of Flores v. Wellwood Cemetery Assoc. Inc.

Edith Flores sought workers' compensation death benefits after her spouse, a cemetery worker, died from COVID-19. The Workers' Compensation Board affirmed that his death was causally related to his employment. The employer and its carrier appealed, arguing the injury did not occur in the course of employment. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence that the decedent contracted COVID-19 in the workplace due to exposure during burials of COVID-19 victims and lack of personal protective equipment, as well as a coworker contracting the virus. The court also noted that the claimant's testimony regarding decedent's exposure was sufficiently corroborated.

COVID-19Workers' CompensationDeath BenefitsCausally Related EmploymentCemetery WorkerCardiopulmonary ArrestExposure RiskSubstantial EvidenceAppellate ReviewContraction of Illness
References
10
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
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