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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Connell v. Consolidated Edison Co. of New York

Plaintiff Lawrence J. Connell filed an employment discrimination lawsuit against Consolidated Edison Company of New York, Inc., alleging unlawful termination due to age. Connell, 43, was discharged along with three other supervisors for violating Con Edison's "no retaliation policy" against employees reporting environmental infractions. Defendant moved for summary judgment, presenting evidence that the termination was due to inappropriate conduct, not age. The court examined Connell's arguments of pretext and discriminatory remarks, but found the evidence insufficient to establish age discrimination. The motion for summary judgment was granted, and the complaint was dismissed with prejudice.

Age DiscriminationWrongful TerminationSummary JudgmentEnvironmental PolicyRetaliationWorkplace HarassmentMcDonnell Douglas TestPretextFederal Rules of Civil Procedure Rule 56ADEA
References
27
Case No. MISSING
Regular Panel Decision

Black v. Consolidated Freightways Corp. of Delaware

This negligence action involves plaintiff James Black, a forklift operator, who sustained injuries after falling through a hole in a trailer owned by Consolidated Freightways Corporation of Delaware and leased to Freeman Decorating Company. Consolidated moved for summary judgment, arguing it lacked actual or constructive knowledge of the defect. The court first addressed Black's argument for vicarious liability under New York Vehicle and Traffic Law § 388, which was rejected because the claim against Freeman was barred by the Workers' Compensation Law, thus leaving nothing to impute. The court then examined Black's direct negligence claims against Consolidated, including constructive notice of the hole, negligent inspection, and inadequate lighting in the trailer. The court found Black's evidence insufficient to establish constructive notice, dismissed the negligent inspection claim due to lack of substantiation, and rejected the inadequate lighting claim as not being a substantial cause of the injuries given the forklift's headlights. Consequently, Consolidated's motion for summary judgment was granted.

Negligence actionSummary judgmentTrailer defectHole in floorWorkers' Compensation LawVehicle and Traffic Law § 388Constructive noticeNegligent inspectionInadequate lightingVicarious liability
References
23
Case No. MISSING
Regular Panel Decision

Consolidated Laundries Corp. v. Craft

This case involves Consolidated Laundries Corp., the petitioner, and its former employee, Craft, the respondent. Consolidated sought to enforce a restrictive covenant agreement against Craft, which prohibited him from serving former customers or engaging in the laundry business within his former route for one year after termination. Both parties were subject to collective bargaining agreements with the Amalgamated Laundry Workers Joint Board and Amalgamated Clothing Workers of America. Consolidated initiated arbitration, which Craft challenged on jurisdictional grounds. The case was subsequently removed to federal court. The court examined whether it had jurisdiction under Section 301 of the Labor Management Relations Act or 28 U.S.C. § 1337. The court concluded that Section 301 did not apply because the dispute concerned uniquely personal rights, an individual could not invoke Section 301, and a motion to stay arbitration was not a suit for contract violation under the act. Furthermore, jurisdiction under 28 U.S.C. § 1337 was denied as the claim did not directly arise under an act regulating commerce like the National Labor Relations Act. Consequently, the motions to remand the proceedings to the New York Supreme Court were granted due to lack of federal jurisdiction.

Labor LawArbitrationRestrictive CovenantEmployment ContractFederal JurisdictionLabor Management Relations ActNational Labor Relations ActCollective Bargaining AgreementRemandDistrict Court
References
33
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. 2019 NY Slip Op 00112 [168 AD3d 717]
Regular Panel Decision
Jan 09, 2019

Moscati v. Consolidated Edison Co. of N.Y., Inc.

The Appellate Division, Second Department, reviewed a personal injury case involving Michael Moscati, an excavator operator injured on a Consolidated Edison work site. Moscati's excavator slid into a creek while removing timber, leading to claims of common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing various Industrial Code provisions. The Supreme Court initially granted Consolidated Edison's motion for summary judgment, dismissing these claims. However, the Appellate Division reversed this decision, concluding that Consolidated Edison failed to establish a prima facie case for summary judgment. Specifically, Con Ed did not demonstrate a lack of notice regarding dangerous premises conditions or an absence of authority to supervise the work.

Construction accidentLabor Law 200Labor Law 241(6)Industrial Code violationsExcavator accidentSummary judgmentPrima facie caseDangerous premises conditionSupervision and controlAppellate Division
References
30
Case No. MISSING
Regular Panel Decision
Nov 19, 2015

Schwarz v. Consolidated Edison, Inc.

Plaintiff, an ex-police officer with a 2002 perjury conviction related to the Abner Louima case, was hired by Consolidated Edison Company of New York, Inc. (ConEd) in November 2014 as a mechanic. He was terminated approximately two weeks later, with ConEd citing "potential disruption of business operations" and "damage to the Company’s reputation" due to his notoriety. Plaintiff sued ConEd, alleging unlawful employment discrimination based on his criminal conviction history under the New York State Human Rights Law and New York City Human Rights Law, incorporating Correction Law article 23-A. ConEd moved to dismiss the complaint, arguing it terminated him due to business disruption and reputational risk stemming from his notoriety, not the conviction itself. The court granted ConEd's motion to dismiss, ruling that article 23-A protects against discrimination based on actual convictions, not reputation or notoriety, and that vacated convictions are not legally cognizable "convictions" under the law.

Employment DiscriminationCriminal Conviction HistoryPerjury ConvictionWrongful TerminationHuman Rights LawCorrection Law Article 23-AReputational HarmNotorietyVacated ConvictionsMotion to Dismiss
References
24
Case No. 156 AD3d 1064
Regular Panel Decision
Dec 14, 2017

Claim of Pontillo v. Consolidated Edison of New York, Inc.

Claimant Robert Pontillo established a claim for pulmonary fibrosis and lung cancer due to asbestos exposure while working for Consolidated Edison of New York, Inc. After voluntarily retiring, claimant sought wage replacement benefits, asserting he had reattached to the labor market. The Workers' Compensation Board affirmed an award of benefits, prompting Consolidated Edison and its claims administrator to appeal. The Appellate Division found that the Board failed to address the employer's argument regarding the claimant's burden to prove a causal link between his disability and his inability to find work. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings consistent with its decision.

Workers' CompensationAsbestos ExposurePulmonary DiseaseOccupational DiseaseWage BenefitsLabor Market ReattachmentVoluntary RetirementEarning CapacityCausationBoard Decision
References
4
Case No. MISSING
Regular Panel Decision

Trapani v. Consolidated Edison Employees' Mutual Aid Society, Inc.

This case addresses claims under the Employee Retirement Income Security Act (ERISA) against Consolidated Edison Employees’ Mutual Aid Society, Inc. (Mutual Aid) and its administrative officer, Paul R. Westerkamp. Plaintiffs, Consolidated Edison employees represented by Local 3, seek an equitable share of Mutual Aid's assets and a special emergency loan fund after their membership ceased in 1983. Building on an earlier decision, the court found that defendants retained benefit assets attributable to Local 3 for the benefit of Local 1-2, violating ERISA. The court also determined that Mr. Westerkamp breached his fiduciary duty by mismanaging assets and participating in a settlement detrimental to Local 3. Consequently, Mr. Westerkamp is barred from administering the Staten Island Relief Fund, and the parties are directed to propose methods for equitable asset distribution.

ERISAEmployee Welfare Benefit PlanFiduciary Duty BreachAsset MismanagementEquitable DistributionUnion BenefitsConsolidated EdisonMutual Aid SocietyPaul R. WesterkampLocal 3 IBEW
References
21
Case No. MISSING
Regular Panel Decision

Lechowicz v. Consolidated Rail Corp.

Plaintiff, a former railroad worker for defendant Consolidated Rail Corporation (Conrail), commenced an action under the Federal Employers’ Liability Act (FELA) for monetary damages due to personal injuries, including permanent sensorineural hearing loss, allegedly sustained from excessive noise and vibrations during employment. Conrail moved for summary judgment, arguing the hearing loss claim was time-barred by the three-year Statute of Limitations (45 USC § 56) and other claims for

Federal Employers' Liability ActStatute of LimitationsOccupational DiseaseHearing LossSummary JudgmentAccrual DoctrineRailroad EmploymentPersonal Injury ClaimAppellate DecisionLatent Injury
References
8
Case No. MISSING
Regular Panel Decision

Anthony v. Consolidated Rail Corp.

This case addresses the liability of Consolidated Rail Corporation (Conrail) as an "owner" under Labor Law § 240. The plaintiff, David Anthony, an employee of Richards "Of Course", was injured after falling from a billboard located on Conrail's right-of-way. The billboard had been mistakenly believed to be on Martisco Plumbing Corporation's property, which collected rent for it. The court found no evidence of Conrail's awareness, consent, or benefit from the billboard, nor any control over the work site. Citing precedent, the court determined that Conrail did not have the requisite nexus to the work or the structure to be considered an "owner" under the statute, and therefore dismissed the claims against it.

Labor Law § 240Owner LiabilityConstruction AccidentBillboard FallRight-of-WayTrespasser StatusLease AgreementThird-Party LiabilityPremises LiabilityProperty Ownership Dispute
References
4
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