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

Case No. M1999-01272-COA-R3-CV
Regular Panel Decision
Aug 21, 2001

Project Creation, Inc. v. Kenneth Neal

This case involves an appeal concerning sanctions imposed on Project Creation, Inc. and Sean Meek after their libel lawsuit was dismissed. The original libel action was filed against neighbors who wrote a letter to a local newspaper opposing Project Creation's proposed 'Ark Museum and Dinosaur Park' project, alleging deception and misleading statements related to zoning. The trial court found the libel action was filed for an improper purpose and lacked factual support under Tenn. R. Civ. P. 11, awarding the defendants $9,262.90 in attorney fees and expenses. The Court of Appeals affirmed the trial court's decision to impose sanctions, holding that an objective reasonableness standard applies to represented parties, even if they did not sign the offending document. However, the appellate court vacated the monetary award, remanding the case for a recalculation of sanctions to include only those fees and costs directly resulting from the libel lawsuit, not from the intertwined zoning dispute.

Rule 11 SanctionsLibel LawsuitImproper PurposeLack of Factual SupportAttorney FeesLitigation CostsObjective Reasonableness StandardNonsigning Party LiabilityZoning DisputeFreedom of Speech
References
24
Case No. 2023 NY Slip Op 06128 [221 AD3d 981]
Regular Panel Decision
Nov 29, 2023

Hossain v. Condominium Bd. of Grand Professional Bldg.

The plaintiff, Mohammed Iqbal Hossain, initiated legal action to seek damages for personal injuries reportedly sustained while he was engaged in pointing work on a building facade, alleging his rope scaffold malfunctioned and struck the building. The lawsuit claimed violations of Labor Law §§ 240 (1), (2), and 241 (6) against the Condominium Board of Grand Professional Building and G Buddy, Inc. The Supreme Court had previously granted partial summary judgment to the plaintiff on liability under Labor Law § 240 (1) and (2) and denied the defendants' cross-motion to dismiss claims against G Buddy, Inc. The Appellate Division modified this order, denying summary judgment against G Buddy, Inc. for all specified Labor Law sections, and also denying it against the Condominium Board for Labor Law § 240 (2). However, the court affirmed the summary judgment granted for Labor Law § 240 (1) against the Condominium Board.

Personal InjuryScaffold AccidentLabor Law § 240(1)Labor Law § 240(2)Labor Law § 241(6)Summary JudgmentAppellate ReviewOwner LiabilityContractor LiabilityAgency
References
12
Case No. MISSING
Regular Panel Decision
Oct 12, 1990

North Fork Environmental Council, Inc. v. Janoski

This case involves a CPLR article 78 proceeding to challenge the Town Board of Riverhead's determination to grant a special permit for a condominium development to Mill Pound Commons. The petitioner argued that the environmental impact statements were defective because the Town Board failed to consider the cumulative environmental effects of the project with other proposed projects in the Saw Mill Creek basin and did not consider archaeological impacts. The Supreme Court, Suffolk County, affirmed the Town Board's decision, finding that the projects were not "reasonably related" for a mandatory cumulative impact review and that archaeological impacts were not raised or supported during the review process. The court emphasized that a Critical Environmental Area designation alone does not mandate a cohesive framework for cumulative impact review and that new issues cannot be raised after the completion of the Environmental Impact Statement process.

Environmental Impact StatementSEQRACumulative Impact ReviewSpecial PermitCondominium UseTown Board DeterminationCritical Environmental AreaArchaeological ResourcesPublic CommentCPLR Article 78
References
4
Case No. 2016 NY Slip Op 08937 [145 AD3d 627]
Regular Panel Decision
Dec 29, 2016

Vazquez v. Takara Condominium

Plaintiff Alberto Vazquez sustained injuries during his employment at a construction site owned by Takara Condominium, which had contracted Vazquez's employer, Nations Roof East, LLC, for repair work. Vazquez alleged a slip and fall incident while descending stairs. The Supreme Court, Bronx County, granted summary judgment to both Takara Condominium and Nations Roof East, LLC, dismissing Vazquez's claims for violations of Labor Law §§ 241(6), 200, and common-law negligence, and Takara's third-party action against Nations. On appeal, the Appellate Division, First Department, unanimously affirmed this decision. The court found Vazquez's affidavit to be inconsistent with his deposition testimony and determined that plaintiffs failed to demonstrate a violation of 12 NYCRR 23-1.7(d) or that the defendants had created or had notice of a dangerous condition. Additionally, the court concluded that no negligent acts or omissions by Nations Roof East, LLC were established.

Construction site injurySummary judgmentLabor Law claimsSlip and fallAppellate reviewAffirmed decisionNegligenceIndustrial Code violationProximate causeDeposition testimony
References
3
Case No. 2021 NY Slip Op 00249
Regular Panel Decision
Jan 19, 2021

Board of Mgrs. of Carriage House Condominium v. Healy

The plaintiff, Board of Managers of Carriage House Condominium, initiated an action against defendants Valeria Calafiore Healy et al. to secure access to their condominium unit for necessary repairs to AC condensers that serve other units. The Supreme Court, New York County, granted the plaintiff's motion for a preliminary injunction, directing the defendants to permit HVAC workers, accompanied by a managing agent, into their unit for repairs upon one day's notice. On appeal, the Appellate Division, First Department, unanimously affirmed the Supreme Court's order, finding no abuse of discretion in its decision to grant the injunction. The court also mandated the plaintiff to post a $1000 bond and denied motions to enlarge the record and for sanctions.

Condominium LawPreliminary InjunctionAccess RightsHVAC RepairsAppellate ReviewAbuse of DiscretionProperty AccessUnit MaintenanceBuilding ManagementReal Estate Law
References
4
Case No. MISSING
Regular Panel Decision

Kretowski v. Braender Condominium

Stanislaw Kretowski, a construction helper, was injured when a brick fell during hoisting at a building owned by Braender Condominium and managed by Rudd Realty Management Corp. He commenced an action against Braender, Rudd, and Brend Renovation Corporation, alleging violations of Labor Law §§ 240, 241, and 200, as well as common-law negligence. The court found that plaintiff established a prima facie case under Labor Law § 240(1) against the defendants. For Labor Law § 241(6), an issue of fact was raised regarding 12 NYCRR 23-6.1(d), but not for 12 NYCRR 23-6.3(a), leading to a partial denial and partial grant of Brend's summary judgment motion. Braender and Rudd were granted summary judgment on the Labor Law § 200 claim, and their cross-claim for contractual indemnification against Brend was properly granted.

Construction accidentLabor LawSummary judgmentHoisting equipmentFalling objectPrima facie caseContractual indemnificationProperty owner liabilityManagement company liabilityContractor liability
References
18
Case No. MISSING
Regular Panel Decision

Galindo v. Dorchester Tower Condominium

The Supreme Court, Bronx County, initially denied motions for summary judgment related to a plaintiff's 'grave injury' under Workers’ Compensation Law § 11, involving third-party defendant Vanlo Inc. and defendants Dorchester Tower Condominium, et al. On appeal, the order was modified. The appellate court granted Dorchester summary judgment on its indemnification claims against Vanlo, affirming other aspects. The court found Vanlo failed to prove the plaintiff did not suffer a grave injury, citing extensive medical evidence of traumatic brain injury and unemployability. Dorchester's indemnification was granted due to a lack of evidence of its negligence or control over the plaintiff's work. The matter was remanded for further proceedings.

Grave InjuryWorkers' Compensation LawSummary JudgmentIndemnificationTraumatic Brain InjuryEmployabilityAppellate ReviewBronx CountySupreme CourtEmployer Liability
References
3
Case No. MISSING
Regular Panel Decision

Towers of Town Lake Condominium Ass'n v. Rouhani

Venus Rouhani, a dentist, sued Towers of Town Lake Condominium Association, Inc. for negligence after slipping and falling on a wet, enamel-painted pool deck. Rouhani suffered significant injuries, including a comminuted fracture and avascular necrosis, which led to her inability to practice dentistry. The jury found the Association negligent and awarded substantial damages. The Association appealed, challenging the sufficiency of evidence for knowledge, causation, and damages, as well as the refusal of an unavoidable accident instruction. The appellate court affirmed the trial court's judgment, concluding that the evidence supported the jury's findings on negligence, proximate cause, and the damages awarded, and that there was no abuse of discretion in the jury charge.

NegligencePremises LiabilitySlip and FallPersonal InjuryCondominium AssociationPool Deck SafetyFuture Earning CapacityExpert TestimonyAppellate ReviewDamages
References
42
Case No. 2020 NY Slip Op 02509 [182 AD3d 944]
Regular Panel Decision
Apr 30, 2020

Matter of Women's Project & Prods., Inc. (Commissioner of Labor)

The Women's Project and Productions, Inc. (WPP), a non-profit theater company, appealed two decisions by the Unemployment Insurance Appeal Board. The Board found WPP liable for additional tax contributions on remuneration paid to certain individuals, including artistic advisors and directors, whom WPP had treated as independent contractors. The Department of Labor, however, considered these individuals employees. The Board modified an Administrative Law Judge's decision, concluding that WPP failed to rebut the statutory presumption of employment under Labor Law § 511 (1) (b) (1-a). The Appellate Division affirmed the Board's decisions, ruling that WPP's arguments were unpersuasive and that the Board rationally concluded WPP failed to rebut the statutory presumption of employment. Consequently, the additional tax contributions imposed upon WPP were upheld.

Unemployment InsuranceIndependent ContractorEmployee ClassificationPerforming ArtsStatutory PresumptionLabor LawTax ContributionsAppeal BoardRebuttalArtistic Services
References
5
Case No. MISSING
Regular Panel Decision

Regensdorfer v. Central Buffalo Project Corp.

The Supreme Court erred in denying the cross motion of defendant Central Buffalo Project Corporation and third-party defendant United States Shoe Corporation, doing business as Casual Corner, for summary judgment dismissing the complaint. An out-of-possession landlord, Central Buffalo, was not liable as it relinquished control, was not contractually obligated to repair nonstructural defects, and did not have notice of the condition. The loose stairway treads were deemed a non-structural defect. Additionally, Casual Corner was contractually obligated to indemnify Central Buffalo. The amendment to Workers' Compensation Law § 11, effective September 10, 1996, was deemed prospective only and not applicable to this action.

Landlord LiabilityPremises LiabilitySummary JudgmentContractual IndemnificationWorkers' Compensation LawStructural DefectNotice of DefectAppellate ReviewOut-of-Possession LandlordLease Agreement
References
15
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