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

Case No. 657577/19
Regular Panel Decision
Sep 11, 2025

McMillian v. Out-Look Safety LLC

This case involves an appeal concerning an order from the Supreme Court, New York County, which granted class certification to plaintiffs Craig McMillian, Eian McMillian, and Victor Ballast. The plaintiffs, identified as non-union construction "flaggers," asserted that they were unlawfully paid below the prevailing wage for public works projects in New York City, having been misclassified as "crossing guards" or "traffic control." The lawsuit targeted Out-Look Safety LLC, Restani Construction Corp., Triumph Construction Corp., Elecnor Hawkeye, LLC, and Safeway Construction Enterprises, LLC. The Appellate Division, First Department, affirmed the Supreme Court's decision, determining that the plaintiffs had adequately demonstrated the prerequisites for class certification under CPLR 901(a), including numerosity, commonality, typicality, and superiority. Additionally, the Appellate Division concurred that the Supreme Court's modified class definition successfully circumvented the creation of an impermissible "fail-safe" class.

Class certificationPrevailing wage disputeConstruction flaggersMisclassificationCPLR 901(a) factorsNumerosityCommonalityTypicalitySuperiorityFail safe class
References
15
Case No. MISSING
Regular Panel Decision

Pedro Gonzalez & Maria Gomez v. Vatr Construction LLC & All American Roofing & Construction

This case concerns an appeal from a summary judgment granted in favor of a general contractor, VATR Construction, LLC (VC), and a subcontractor, All American Roofing & Construction, in a lawsuit brought by the Estate of Roger Alexis Gonzalez. Gonzalez, a roofer, suffered fatal injuries after falling from a roof due to not using safety equipment. The Estate alleged negligence, gross negligence, and negligence per se against VC and All American. The appellate court affirmed the trial court's judgment, finding that neither VC nor All American owed a contractual duty or exercised actual control over Gonzalez's work or safety, and that OSHA regulations do not establish negligence per se in this context. Furthermore, the court rejected the Estate's argument that Gonzalez was a third-party beneficiary of upstream contracts, concluding that summary judgment was properly granted on all claims.

Construction AccidentFatal InjuryRooferFall ProtectionSafety EquipmentNegligenceGross NegligenceNegligence Per SeSummary JudgmentGeneral Contractor Liability
References
52
Case No. MISSING
Regular Panel Decision

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
Case No. 04-17-00565-CV
Regular Panel Decision
Jul 17, 2019

David Mora, Texas Sterling Construction Co. A/K/A Texas Crushed Concrete, and Sterling Construction Company, Inc. A/K/A Sterling Delaware Holding Company, Inc. v. Martin Valdivia Sr. and Maria Cervantes Valdivia, Both Individually and as Sole Heirs of the Estate of Martin Valdivia Jr.

This appeal stems from a personal injury lawsuit where two construction workers were injured and one killed when an unsecured toolbox fell from their foreman's trailer. The plaintiffs, Martin Valdivia Sr. and Maria Cervantes Valdivia, sued the foreman David Mora and employers Texas Sterling Construction Co. and Sterling Construction Company, Inc. for negligence and gross negligence. The jury found the driver of the third vehicle not negligent and Texas Sterling grossly negligent, awarding substantial damages. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the jury's conclusions on the course and scope of employment, the defense of sudden emergency, and gross negligence attributable to Texas Sterling through its Corporate Safety Director, José González.

Personal InjuryNegligenceGross NegligenceWorkers' Compensation ActCourse and Scope of EmploymentSudden Emergency DefenseEmployer LiabilityAppellate ReviewDamagesLegal Sufficiency
References
55
Case No. MISSING
Regular Panel Decision

Jaehn v. Lahr Construction Corp.

Plaintiff sustained injuries after falling while repositioning a prefabricated interior staircase at a construction site. The staircase abruptly fell into the stairwell, causing the plaintiff to fall on top of it. Plaintiff commenced an action seeking damages for these injuries, alleging liability under Labor Law § 240 (1) against Lahr Construction Corp., doing business as LeCesse Construction Company, Winchester Construction Corp., Cloverwood Senior Living, Inc., and Rochester Friendly Senior Services. The Supreme Court granted the plaintiff's motion for partial summary judgment on the issue of liability. The defendants and third-party defendants appealed this amended order. The appellate court affirmed the lower court's decision, ruling that the worksite was 'elevated' as per Labor Law § 240 (1) and the defendants' failure to provide necessary safety devices established their liability for the plaintiff's injuries.

Personal InjuryConstruction AccidentFall from ElevationLabor LawStatutory LiabilitySummary JudgmentAppellate ReviewWorksite SafetyStaircase AccidentElevated Work
References
3
Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. MISSING
Regular Panel Decision
Apr 04, 2007

Uzar v. Louis P. Ciminelli Construction Co.

Plaintiffs appealed an order that granted summary judgment to defendants Turner Construction Company and Louis P Ciminelli Construction Co., Inc., dismissing their complaint in a personal injury action arising from a construction accident involving Robert Uzar. The Supreme Court's decision was affirmed, with the appellate court determining that Turner, as construction manager, was not liable under Labor Law § 241 (6) because it lacked responsibility for worker safety and control over subcontractors. Additionally, Ciminelli was found not liable under common-law negligence and Labor Law § 200 as it did not have supervisory control over the plaintiff's work or create the dangerous condition. The appellate court rejected the plaintiffs' contention that Turner acted as a general contractor or agent of the County, and similarly found no triable issue of fact regarding Ciminelli's liability. Therefore, the order dismissing the complaint was unanimously affirmed.

Construction AccidentSummary JudgmentLabor Law ClaimsContractor LiabilityConstruction ManagerWorker SafetySupervisory ControlCommon-Law NegligencePersonal InjuryAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Region v. W. J. Woodward Construction, Inc.

This case concerns an appeal regarding the electrocution death of a construction worker and the application of Labor Law § 240. The decedent, Grover J. Region, an ironworker employed by McBrearity's Metal Building Erectors, was fatally injured on November 18, 1982, when a crane cable he was helping to operate came into contact with high tension electric lines at a construction site in Ulster County. The plaintiff, administratrix of the decedent's estate, filed a lawsuit against property owner William J. Woodward and contractor W. J. Woodward Construction, Inc., among others, alleging a violation of Labor Law § 240 (1) due to the failure to provide proper safety measures for crane operation near electrical hazards. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability against Woodward and Woodward Construction, who subsequently appealed this decision. The appellate court affirmed the lower court's ruling, finding that the defendants had violated Labor Law § 240 (1) by failing to implement necessary safety precautions for the crane, which was being used as a hoist, thereby incurring absolute liability for the injuries proximately caused.

ElectrocutionConstruction AccidentCrane OperationLabor Law § 240Absolute LiabilityWorker SafetySummary JudgmentAppellate ReviewContractor LiabilityOwner Liability
References
9
Case No. E2014-00139-COA-R3-CV
Regular Panel Decision
Sep 30, 2014

MSK Construction, Inc. v. Mayse Construction Company

MSK Construction, Inc. (MSK) filed a breach of oral contract action against Mayse Construction Company (Mayse) for failure to pay for equipment and fuel used in a construction project for the City of Athens. Mayse denied liability and filed a counterclaim for negligent misrepresentation, alleging MSK failed to include concrete testing costs in their estimate. Following a bench trial, the trial court found in favor of MSK, awarding damages and prejudgment interest, and denied Mayse's counterclaim. Mayse appealed the decision. The Court of Appeals of Tennessee at Knoxville affirmed the trial court's decision in its entirety, finding a valid oral contract existed and dismissing the negligent misrepresentation claim.

Breach of Oral ContractConstruction DisputeEquipment UsePrejudgment InterestNegligent MisrepresentationSubcontractor AgreementVendor AgreementAppellate ReviewContractual ObligationsDamages
References
28
Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
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