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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

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident
References
10
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. 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. 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

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. 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. 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
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. 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
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