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

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. 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
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision
Sep 07, 2006

Ritzer v. 6 East 43rd Street Corp.

In this Supreme Court Order from New York County, an action by a construction worker against a construction site owner and general contractor for personal injuries was reviewed. The plaintiff's motion for a default judgment against the site owner was denied due to an insufficient affidavit. Concurrently, the defendants' cross motion to compel the plaintiff's acceptance of their amended answer was granted. The court noted that most of the delay in answering was attributed to the site owner's insurer and found no resulting prejudice to the plaintiff. The decision to deny the default judgment and grant the cross motion was unanimously affirmed by a panel of judges.

construction accidentpersonal injuryscaffold falldefault judgment motionamended answerindemnification clauseinsurer responsibilityappellate reviewcivil procedurecourt discretion
References
6
Case No. 2015 NY Slip Op 02049
Regular Panel Decision
Mar 17, 2015

Turner Construction Co. v. Harleysville Worcester Insurance

Plaintiffs, Turner Construction Company et al., appealed a judgment declaring that Harleysville Worcester Insurance Company was not obligated to defend or indemnify them in an underlying personal injury action. The Appellate Division, First Department, modified the judgment to explicitly declare Harleysville's non-obligation and otherwise affirmed the dismissal of the complaint against Harleysville. The court ruled that even if plaintiffs had additional insured status, they were not entitled to coverage due to their failure to provide timely notice of the occurrence to Harleysville, notifying the insurer nine months after the accident and over two months after the personal injury action commenced. The court found plaintiffs' belief that no claim would be asserted against them to be unreasonable, given their awareness of the injured worker's severe accident at the construction site.

Insurance CoverageNotice RequirementAdditional InsuredTimeliness of NoticePersonal InjuryConstruction AccidentDuty to DefendDuty to IndemnifyAppellate DecisionUnreasonable Delay
References
3
Case No. MISSING
Regular Panel Decision
Nov 05, 1997

Ortega v. Catamount Construction Corp.

A laborer sued a site owner, construction manager, and an asbestos removal prime contractor for personal injuries sustained at a renovation site. The Supreme Court found the defendants liable under Labor Law § 240 (1), apportioning fault among them and a defaulting asbestos removal subcontractor, who was the plaintiff's employer. The site owner was awarded common-law indemnity against the construction manager and asbestos contractors, and contractual indemnity against the prime contractor. The Appellate Division modified the judgment by vacating the apportionment of fault due to being against the weight of the evidence and ordered a new trial for this issue, while affirming the remainder of the judgment. The court also affirmed the common-law indemnity for the owner against the construction manager and addressed the construction manager's unpreserved liability argument.

Personal InjuryRenovation SiteLabor Law 240(1)Apportionment of FaultIndemnityConstruction SafetyScaffoldRecalcitrant Worker DefenseSupreme CourtAppellate Division
References
5
Case No. MISSING
Regular Panel Decision

Derr Construction Co. v. City of Houston

This case involves an appeal from summary judgments granted in favor of the appellees. Derr Construction Company, a subcontractor, sued the City of Houston, Blount, Inc. (general contractor), and Gil-bane/Mayan Joint Venture (construction administrator) after its crane was damaged in an accident at a construction site. Derr alleged negligence and breach of contract, with its insurer, U.S. Fire, asserting subrogation rights. The appellees moved for summary judgment, citing contractual defenses including a release of liability and waiver of subrogation rights in the subcontract between Derr and Blount. The trial court granted summary judgments which Derr appealed. The appellate court affirmed the decision, finding that the subcontract provision acted as both an exculpatory clause and an indemnity clause, effectively releasing the appellees from liability, and that the City and Gilbane were intended third-party beneficiaries of this contract.

Summary JudgmentContract InterpretationExculpatory ClauseIndemnity ClauseThird-Party BeneficiaryConstruction AccidentProperty DamageSubrogation RightsAppellate ReviewContractual Liability
References
30
Case No. MISSING
Regular Panel Decision

Candela v. New York City School Construction Authority

Plaintiff Calogero Candela sustained injuries when a window sash fell on him at a construction site. He brought a claim under Labor Law § 200 against the New York City School Construction Authority, Spacemaster Building Systems, LLC, and TDX-Becom. A jury initially found in favor of the defendants, implicitly concluding they lacked notice of the defective windows. However, the appellate court reversed, finding that the jury had no reasonable basis to reject testimony indicating the defendants, particularly Spacemaster, had actual or constructive notice of widespread window balance system defects prior to the accident.

Construction AccidentWindow DefectLabor LawPremises LiabilityNoticeJury VerdictAppellate ReviewNegligenceWorkplace SafetyFalling Object
References
4
Case No. MISSING
Regular Panel Decision

Martinez v. Hays Construction, Inc.

This case concerns an appeal where Luci Martinez, individually and as representative of the estate of Luis Martinez, José Martinez, and Maria Martinez, sued Hays Construction, Inc. for negligent hiring, negligence per se, and vicarious liability following a fatal traffic accident involving Delfino Bello. The accident occurred while Bello was allegedly hauling dirt for Hays Construction. The trial court initially granted summary judgment in favor of Hays Construction on all claims. On appeal, the court reversed the trial court's judgment, determining that Martinez presented sufficient evidence to raise a fact issue regarding Hays Construction's negligent hiring of Bello as an independent contractor. Furthermore, the appellate court found a fact issue existed concerning whether Hays Construction qualified as a 'motor carrier' and 'statutory employer' under the Texas Motor Carrier Safety Regulations, making it potentially vicariously liable for Bello's negligence, and thus remanded the case for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorProximate CauseEmployer LiabilityTraffic AccidentWrongful Death
References
39
Case No. 2022 NY Slip Op 01758 [203 AD3d 531]
Regular Panel Decision
Mar 15, 2022

Valentine v. 2147 Second Ave. LLC

Michael Valentine, a project safety coordinator for Homeland Safety Consultants, sued 2147 Second Avenue LLC and other defendants for injuries sustained at a demolition and construction site. The Supreme Court, Bronx County, granted summary judgment to defendants Gary Silver Architects, P.C. and Sunshine Quality Construction, Inc., dismissing the complaint against them, and denied Valentine's motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division, First Department, affirmed this decision, finding no evidence of affirmative negligence by GSA and concluding that Sunshine was not on site as a general contractor until after the accident. The court also upheld the denial of Valentine's Labor Law claim, noting it was never properly pleaded in his complaints.

Demolition ProjectConstruction AccidentProject Safety CoordinatorSummary JudgmentLabor Law § 240 (1)Affirmative NegligenceGeneral Contractor LiabilityPleading AmendmentsAppellate ReviewPremises Liability
References
4
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