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

Case No. 2022 NY Slip Op 04761
Regular Panel Decision
Jul 27, 2022

Zong Wang Yang v. City of New York

The case involves Zong Wang Yang, an injured worker, and his wife suing various defendants for personal injuries sustained from a fall at a construction site due to inadequate planking over a shaft. The Supreme Court denied the plaintiffs' motion for summary judgment on Labor Law § 240(1) liability against the City defendants (City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction, LLC). On appeal, the Appellate Division, Second Department, reversed this denial, granting the plaintiffs' motion, asserting that the shaft was not properly protected and the worker's alleged comparative negligence was not the sole proximate cause. The court also affirmed the denial of ZHN Contracting Corporation's motion to dismiss negligence and Labor Law § 200 claims, and upheld the granting of contractual indemnification to Plaza Construction, LLC from A-Tech Electric Enterprises, Inc.

Labor Law § 240 (1)Summary JudgmentAbsolute LiabilityElevation-Related HazardProximate CauseContractual IndemnificationCommon-Law NegligenceSubcontractor LiabilityConstruction AccidentPersonal Injury
References
27
Case No. MISSING
Regular Panel Decision
Nov 08, 2002

Semi-Tech Litigation, LLC v. Bankers Trust Co.

This is an action brought by Semi-Tech Litigation LLC, an assignee formed under a Chapter 11 plan of liquidation for Semi-Tech Corporation, against Bankers Trust Company (BT). The plaintiff alleges that BT, as the indenture trustee for Semi-Tech notes, breached its obligations under the indenture, the Trust Indenture Act of 1939 (TIA), and its fiduciary duties by failing to adequately protect note holders and accepting deficient compliance certificates. BT moved to dismiss the complaint for lack of standing, asserting that a bankruptcy entity cannot sue on behalf of third-party note holders, that TIA claims were not properly assigned, and that the assignments were void under New York's champerty statute. The Court denied BT's motion to dismiss. It found that BT's challenge to the assignment of claims from Record Date Note Holders was barred by res judicata due to a Bankruptcy Court Confirmation Order. However, the Court indicated that determining when TIA claims accrued and the extent of proper assignment could not be resolved on the current record. The champerty defense was also rejected, as the court is hesitant to find an action champertous as a matter of law without clearer evidence of sole or primary intent to sue.

BankruptcyChapter 11 PlanLiquidationIndenture TrusteeTrust Indenture Act of 1939Breach of Fiduciary DutyStandingAssignment of ClaimsRes JudicataCollateral Estoppel
References
42
Case No. MISSING
Regular Panel Decision

In re Clumber Transportation Corp.

Clumber Transportation Corporation and Poppy Cab Corporation appealed decisions from the Workers’ Compensation Board. The Board found both corporations to be employers, subject to workers’ compensation insurance requirements, because they leased taxicab medallions and, in Clumber's case, had more than one corporate officer prior to January 1, 1987. The corporations challenged the statutory employment relationship and the Board Chairman's authority to delegate penalty imposition. The court affirmed the Board’s interpretation of Workers’ Compensation Law § 2, finding that medallion leases created a statutory employment relationship. It also upheld the Board's finding regarding Clumber's multiple officers and the Chairman's delegation authority. However, the court modified the penalty against Poppy Cab Corporation, reducing it from $7,200 to $6,000, while affirming the decision against Clumber.

Workers Compensation LawTaxicab MedallionEmployer-Employee RelationshipStatutory EmploymentCorporate OfficersInsurance RequirementDelegation of AuthorityAdministrative PenaltiesAppellate ReviewStatutory Interpretation
References
3
Case No. MISSING
Regular Panel Decision

PRO-TECH WELDING AND FABRICATION INC. v. Lajuett

Pro-Tech Welding and Fabrication, Inc. sued its former employees and related corporations for patent infringement, trade secret misappropriation, and breach of contract concerning its 'Sno Pusher' snow removal device and the '755 patent. Defendants moved for summary judgment, arguing no infringement and patent invalidity, while Pro-Tech cross-moved to dismiss counterclaims. The core dispute revolved around whether defendants' 'boxed gusset' design infringed on the '755 patent's 'vertical reinforcing channels.' The court found no literal infringement, distinguishing 'channels' from 'boxed gussets' based on common meaning and prosecution history. It also rejected infringement under the doctrine of equivalents due to prosecution history estoppel, as the patentee had previously narrowed the claim scope during prosecution to distinguish prior art. As a result, the patent infringement claims (Counts I and II) were dismissed with prejudice, while state law claims were dismissed without prejudice for refiling in state court.

Patent InfringementTrade SecretsBreach of ContractSummary JudgmentDoctrine of EquivalentsProsecution History EstoppelSnow Removal EquipmentSnow PusherBox PlowClaim Construction
References
52
Case No. MISSING
Regular Panel Decision
Mar 06, 2009

Johnson v. UniFirst Corp.

Plaintiff, an employee of Derrick Corporation, sustained injuries when his uniform, rented from UniFirst Corporation, caught fire. UniFirst, a defendant in the main personal injury action, filed a third-party complaint against Derrick for contractual indemnification. Derrick moved for summary judgment to dismiss the third-party complaint, arguing that its contract with UniFirst had expired at the time of the accident, thus barring indemnification under Workers' Compensation Law § 11. The Supreme Court denied Derrick's motion. On appeal, the order was reversed, and Derrick's motion for summary judgment was granted, leading to the dismissal of the third-party complaint. The appellate court found UniFirst failed to provide statutory notice for automatic contract renewal under General Obligations Law § 5-903 (2).

Contractual IndemnificationSummary JudgmentWorkers' Compensation LawGeneral Obligations LawAutomatic Renewal ProvisionThird-Party ActionPersonal InjuryUniform FireEmployer LiabilityStatutory Notice
References
6
Case No. 81 Civ. 3958 (KTD)
Regular Panel Decision
Sep 16, 1982

In Re Pension Plan for Emp. of Broadway Maint.

This case involves a dispute between the Pension Benefit Guaranty Corporation (PBGC) and the bankrupt Broadway Maintenance Corporation over the termination date of Broadway's employee pension plan. The PBGC initiated the lawsuit to be appointed statutory trustee, declare the plan terminated, and sought a termination date of March 26, 1981, while Broadway argued for a retroactive date prior to December 31, 1979. Judge Kevin Thomas Duffy acknowledged the appointment of the PBGC as trustee and the plan's termination, with the sole issue being the precise termination date. After considering the interests of the participants, the PBGC, and Broadway, and applying legal precedent, the court ultimately set December 5, 1980, as the earliest valid termination date. This date was chosen because it marked when the PBGC filed its original Proofs of Claim, signaling its clear intent to terminate the plan.

ERISAPension Plan TerminationEmployee BenefitsBankruptcyPBGCStatutory TrusteeRetroactive Termination DateJudicial TerminationParticipant InterestsFinancial Distress
References
3
Case No. MISSING
Regular Panel Decision

Exxon Mobil Corp. v. Tredegar Corp.

Exxon Mobil Corporation sued Tredegar Corporation alleging breach of an Asset Purchase Agreement (APA). Exxon claimed Tredegar failed to indemnify it for a settlement in an underlying personal injury action and failed to cooperate in Exxon's defense as per the APA. Tredegar filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6). The court granted the motion to dismiss Count I, finding the indemnification provisions of the APA ambiguous regarding whether the liability was 'assumed' or 'retained'. However, the court largely denied the motion to dismiss Count II, concluding that Exxon plausibly alleged a breach of Tredegar's duty to cooperate and provide reasonable access to employees, with a partial grant for the records access claim under Section 12.7 of the APA.

asset purchase agreementindemnification clausebreach of contractduty to cooperatemotion to dismisscontract ambiguitycorporate acquisitionpre-closing occurrencespost-closing eventslitigation defense
References
14
Case No. OAK 0334678, OAK 0334680
Regular
Jul 21, 2008

KENNY AUBREY vs. COLOR TECH CORPORATION

This case involves an applicant who sustained industrial injuries to both knees, resulting in concurrent temporary total disability. The Workers' Compensation Appeals Board (WCAB) affirmed a prior award of temporary disability indemnity, applying the 104-week/two-year limitation under Labor Code section 4656(c)(1). This application was justified by the AME's finding that both injuries contributed to the applicant's concurrent temporary disability, aligning with precedent established in *Foster v. Workers' Comp. Appeals Bd.*.

Workers' Compensation Appeals BoardColor Tech Corporationindustrial injuriesboth kneesarthroscopic surgeriesleft kneeright kneejoint replacementtemporarily totally disabledaggregate disability payments
References
1
Case No. MISSING
Regular Panel Decision
Oct 06, 1987

Constantine v. Sperry Corp.

James Constantine, a passenger in a van leased by his employer Sperry Corporation, was injured when the van, operated by a fellow employee Oligario, struck a curb. The plaintiffs appealed a judgment denying their motion for summary judgment and granted the defendants' cross motion, dismissing the complaint. The court affirmed the judgment, finding that Constantine's injuries arose out of and in the course of his employment, making his sole remedy the Workers' Compensation Law. Consequently, both the employer and co-worker were immune from suit, and no liability could be imputed to the van owner, Gelco Corporation. The derivative claim by Constantine's wife was also dismissed.

Personal InjuryWorkers' CompensationEmployer ImmunityCo-employee ImmunitySummary JudgmentAppellate ReviewDerivative ClaimVan AccidentNassau CountyNew York
References
4
Case No. MISSING
Regular Panel Decision

Cintas Corp. v. Unite Here

Cintas Corporation and its affiliates sued UNITE HERE, Change To Win, the International Brotherhood of Teamsters, and several individuals, alleging claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), the Lanham Act, and Ohio state law. Cintas accused the defendants of orchestrating a "Corporate Campaign" to pressure them into a card-check/neutrality agreement, involving disparaging websites and communications targeting Cintas's customers and investors. The court granted the defendants' motion to dismiss, finding that Cintas failed to establish predicate acts for the RICO claims (attempted extortion under the Hobbs Act and Ohio law). Additionally, the Lanham Act claims for trademark infringement, unfair competition, trademark dilution, and cybersquatting were dismissed due to lack of likelihood of confusion, commercial use for profit, or bad faith intent to profit. The court declined to exercise supplemental jurisdiction over the remaining Ohio state-law claims, leading to the dismissal of the entire action.

RICOLanham ActTrademark InfringementUnfair CompetitionTrademark DilutionCybersquattingHobbs ActLabor UnionsCorporate CampaignFreedom of Speech
References
30
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