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

Case No. 2024 NY Slip Op 01944 [226 AD3d 836]
Regular Panel Decision
Apr 10, 2024

Ragusa v. Drazie's Farm II, LLC

The plaintiff, Matthew Ragusa, appealed an order denying his cross-motion to amend the complaint to add Drazie's Farm, LLC as a defendant and granting summary judgment to Drazie's Farm II, LLC on a Labor Law § 240 (1) claim. The Appellate Division, Second Department, affirmed the lower court's decision. The court found that the relation-back doctrine did not apply because Drazie's Farm II, LLC and Drazie's Farm, LLC were separate entities with potentially different defenses, thus not united in interest. Furthermore, Drazie's Farm II, LLC established that it did not own the property where the accident occurred and therefore could not be held liable under Labor Law § 240 (1).

Personal injuryLabor Law § 240 (1)A-frame ladderfall from heightpremises liabilityrelation-back doctrinesummary judgmentlimited liability companyproperty ownershipadjoining properties
References
10
Case No. 2022 NY Slip Op 03868 [206 AD3d 468]
Regular Panel Decision
Jun 14, 2022

Gonzalez v. DOLP 205 Props. II, LLC

This case concerns an appeal from an order of the Supreme Court, New York County, regarding a personal injury claim under Labor Law § 240 (1). Plaintiff Christian Gonzalez had sought summary judgment on liability after sustaining injuries from a fall while working on stilts. Defendant DOLP 205 Properties II LLC also moved for summary judgment, seeking dismissal of negligence claims and contractual indemnification against third-party defendant Amick Construction Corp., as well as for breach of contract for failure to procure insurance. The Appellate Division, First Department, modified the Supreme Court's order, denying plaintiff's motion for summary judgment due to triable issues of fact concerning the scope of his duties and whether his actions were the sole proximate cause of the accident. Additionally, the Appellate Division denied DOLP's motion for summary judgment on the breach of contract for failure to procure insurance claim against Amick, deeming it premature. The remainder of the Supreme Court's order, including the dismissal of common-law negligence and Labor Law § 200 claims against DOLP and the grant of contractual indemnification against Amick, was affirmed.

Labor LawSummary JudgmentElevation-Related HazardSafety DevicesContractual IndemnificationBreach of ContractFailure to Procure InsuranceProximate CauseTriable Issues of FactAppellate Review
References
19
Case No. MISSING
Regular Panel Decision

Field v. Trump

The case is a putative class action concerning a leveraged buy-out of Pay 'n Save Corporation. The plaintiff alleged violations of federal securities laws, RICO, and state common law. Specifically, Count I claimed that an unlawful premium was paid to Stroum and Sloan during a tender offer, violating Section 14(d)(7) and Rule 10b-13. Count II alleged breach of fiduciary duty and non-disclosure under federal securities laws. Count III accused defendants of a pattern of racketeering activity under RICO. The court granted the defendants' motion to dismiss, finding no tender offer in effect for Count I, that Count II failed to state a federal securities claim for breach of fiduciary duty, and that Count III did not sufficiently allege a "pattern" of racketeering activity as the acts constituted a single, non-ongoing scheme. Pendent state law claims were dismissed, and leave to replead was denied.

Federal Securities LawsRICOLeveraged Buy-OutTender OfferClass ActionMotion to DismissRule 10b-13Williams ActBreach of Fiduciary DutyRacketeering Activity
References
11
Case No. ADJ2863902
Regular
Jul 21, 2009

KENNETH MOORE vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding of 20 percent permanent disability for a corrections officer's hernia injury. The defendant argued that the AMA Guides warranted zero percent impairment, but the Board found the agreed medical examiner's report constituted substantial evidence. The examiner determined the applicant met criteria for class II impairment based on frequent discomfort precluding heavy lifting, even with surgical mesh obscuring a palpable defect. The Board deferred to the medical expert's opinion, affirming the prior award.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityAMA GuidesAgreed Medical EvaluatorHerniaClass II ImpairmentCrohn's DiseaseApportionment
References
1
Case No. 2015 NY Slip Op 06413
Regular Panel Decision
Aug 05, 2015

Cunha v. Crossroads II

Evandro Cunha, a laborer, sustained personal injuries at a construction site when an excavator rolled over his legs. He sued Crossroads II, alleging a violation of Labor Law § 241 (6) based on several Industrial Code provisions, specifically 12 NYCRR 23-4.2 (k), 23-9.4 (h) (4), 23-9.4 (h) (5), and 23-9.5 (c). The defendants moved for summary judgment to dismiss these claims. The Supreme Court denied this motion. On appeal, the Appellate Division, Second Department, modified the order by granting summary judgment dismissing the cause of action based on 12 NYCRR 23-9.4 (h) (5), and otherwise affirmed the Supreme Court's decision, finding the defendants failed to establish prima facie entitlement to judgment regarding the other cited Industrial Code provisions.

Labor LawPersonal InjuryConstruction Site AccidentExcavator AccidentIndustrial Code ViolationSummary Judgment MotionAppellate ReviewWorkplace Safety RegulationsPrima Facie CaseLiability
References
12
Case No. MISSING
Regular Panel Decision
Aug 31, 1995

Pesantez v. Boyle Environmental Services, Inc.

The Supreme Court, New York County, issued an order on August 31, 1995, concerning a class action brought by employees seeking prevailing wages for asbestos removal work. The court modified a previous order, redefining the class to specifically include all past and present employees of Azevedo & Boyle Contracting, Inc. and its alleged successor, Boyle Environmental Services Inc. It also stayed all claims against J. Greaney Construction Corp. due to bankruptcy, and against Reliance Insurance Company of New York as Greaney's surety. Furthermore, the court remanded claims made under Labor Law § 220 to the IAS Court for further development and determination, while affirming common-law breach of contract claims.

Wage disputeClass actionPrevailing wageAsbestos removalLabor Law § 220Class certificationBankruptcy stayBreach of contractNew York CountySupreme Court
References
12
Case No. MISSING
Regular Panel Decision
Jan 29, 2010

In re Marsh Erisa Litigation

Named Plaintiffs Donald Hundley, Conrad Simon, and Leticia Hernandez brought a class action lawsuit against Marsh & McLennan Companies, Inc. (MMC) alleging breaches of fiduciary duties under ERISA related to imprudent investments in MMC stock within the company's 401(k) plan. The litigation, complex in scope and involving extensive discovery, ultimately led to a $35 million class action settlement after arm's-length negotiations facilitated by a mediator. The Court approved the settlement, certified the class for settlement purposes, and sanctioned the plan of allocation. Additionally, the decision granted substantial attorneys' fees and expenses to lead counsel, alongside case contribution awards for the named plaintiffs, while rejecting the two objections received. This ruling concludes a significant ERISA litigation, emphasizing the protection of retirement savings for American workers.

ERISAClass ActionSettlement ApprovalFiduciary Duty401(k) PlanStock InvestmentAttorneys FeesLitigation ExpensesClass CertificationPlan of Allocation
References
78
Case No. MISSING
Regular Panel Decision

In re Jean

This case involves an appeal from a Family Court order adjudicating Billy Jean II. a neglected child. The respondents, Ray II. and Colleen II., are the child's parents. The neglect finding was based on multiple reports of inadequate guardianship, domestic violence, poor hygiene, and unsanitary living conditions, including an incident where Ray II. allegedly assaulted Colleen II. while intoxicated in the child's presence. The Family Court found the testimonies of the respondents and a witness to be incredible, and concluded that the child was neglected due to the parents' failure to provide proper care and supervision, compounded by alcoholism and domestic violence. The appellate court affirmed the Family Court's finding, stating there was sufficient proof to sustain the neglect determination.

Child Neglect AdjudicationDomestic Violence ImpactAlcoholism in Parental HomeUnsanitary Living ConditionsInadequate Parental SupervisionFamily Court JurisdictionAppellate ReviewCredibility of WitnessesSufficiency of EvidenceChild Protective Proceedings
References
2
Case No. MISSING
Regular Panel Decision

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
Case No. MISSING
Regular Panel Decision
Jun 12, 2000

Simon v. Philip Morris Inc.

This memorandum and order addresses the preliminary issues of class certification in a nationwide smoker class action. Plaintiffs seek to certify a class of individuals who developed lung cancer due to smoking defendants' cigarettes. The defendants, referred to as "Tobacco," challenge the claims' substantive and factual viability, as well as the suitability for class action, citing varied state laws under the Erie doctrine and due process concerns. Senior District Judge Weinstein, acknowledging the complexities, reserves the decision on class certification and grants a preliminary evidentiary hearing. The court explores potential approaches to manage diverse state laws and discusses the necessity of plaintiffs demonstrating a feasible trial structure for a large class.

Class ActionSmoker Class ActionTobacco LitigationLung CancerClass CertificationRule 23Erie DoctrineConflict of LawsMultistate LitigationDue Process
References
12
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