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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
Oct 14, 2004

P & T Iron Works v. Talisman Contracting Co.

P&T Iron Works (P&T), a subcontractor, sued Talisman Contracting Co., Inc. (Talisman), a general contractor, for non-payment on a New York City Housing Authority project. Talisman asserted an affirmative defense claiming P&T failed to pay its employees prevailing wages under Labor Law § 220(3). The Supreme Court, Suffolk County, granted P&T's motion to strike this defense. The appellate court affirmed the decision, ruling that no private right of action for underpayment of wages exists under Labor Law § 220 without a prior administrative determination in the employee's favor. The court further noted that such an action belongs solely to the underpaid employees and that determination of prevailing wage claims is the exclusive initial province of the fiscal officer in an administrative proceeding, thus Talisman lacked standing.

Contract disputeSubcontractor paymentPrevailing wageAffirmative defenseStandingAdministrative determinationLabor LawAppellate procedureMotion to strikeSuffolk County
References
6
Case No. 2016 NY Slip Op 04185
Regular Panel Decision
Jun 01, 2016

Mecca Contracting, Inc. v. Scottsdale Insurance

Mecca Contracting, Inc., a general contractor, sought a declaratory judgment against Scottsdale Insurance Company after Scottsdale disclaimed coverage for an underlying personal injury action. Mecca, designated as an additional insured under a policy issued by Scottsdale to subcontractor Salcora Construction Corp., sought defense and indemnity, arguing the Scottsdale policy was primary. The Supreme Court granted summary judgment to Mecca, a decision affirmed by the Appellate Division, Second Department. The Appellate Division found Mecca was entitled to the declaration that Scottsdale was obligated to defend and indemnify it, and that the Scottsdale policy was primary, based on the contract between Mecca and Salcora and the 'Blanket Additional Insured Endorsement.' The matter was remitted to the Supreme Court, Kings County, for the entry of a formal judgment.

Insurance CoverageDeclaratory JudgmentAdditional Insured EndorsementPrimary CoverageGeneral Contractor LiabilitySubcontractor AgreementConstruction LawIndemnityDefense ObligationBreach of Contract
References
6
Case No. MISSING
Regular Panel Decision
Feb 26, 1999

Rothe Development Corp. v. United States Department of Defense

Rothe Development Corporation, a San Antonio-based company, sued the United States Department of Defense after losing a contract due to an evaluation preference favoring "socially and economically disadvantaged persons" under the 1207 program (10 U.S.C. § 2323). Rothe, the low bidder, argued this preference violated its Fifth Amendment equal protection rights. The government contended the preference met strict scrutiny standards. The court considered cross-motions for summary judgment, ultimately granting the government's motion and denying Rothe's. The decision affirmed that Congress has a compelling interest in remedying past discrimination in government contracting and found the 1207 program, with its rebuttable presumptions and limited duration, to be narrowly tailored, rejecting Rothe's arguments regarding burden of proof, neutral alternatives, and the impact on third parties.

Affirmative ActionEqual ProtectionStrict ScrutinyGovernment ContractsSmall Disadvantaged Businesses1207 ProgramFifth AmendmentFourteenth AmendmentRacial PreferencesSummary Judgment
References
47
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. 2015 NY Slip Op 07554 [132 AD3d 500]
Regular Panel Decision
Oct 15, 2015

Bridge Street Contracting Inc. v. Everest National Insurance

This case addresses an insurer's disclaimer of coverage due to late notice of claims. The Appellate Division, First Department, modified a lower court order, declaring that Everest National Insurance Company has no duty to defend or indemnify Bridge Street Contracting Inc. in the underlying action. The court ruled that Everest properly disclaimed coverage without needing to demonstrate prejudice, as it was not participating in the defense when Bridge Street was served with the claims. Arguments regarding waiver of the late notice defense and antisubrogation were rejected. CastlePoint Insurance Company's motion to intervene was also denied as academic.

Insurance CoverageLate NoticeDisclaimer of CoverageSummary JudgmentDuty to DefendDuty to IndemnifyAntisubrogationInterventionAppellate DivisionContract Law
References
4
Case No. MISSING
Regular Panel Decision

Mason Tenders District Council Welfare Fund v. M & M Contracting & Consulting

The plaintiffs, a group of Mason Tenders District Council Funds and associated entities, along with the Union and its managers, sued M & M Contracting & Consulting and its president, Michael T. Moscato, Jr. The suit, brought under ERISA and the Taft-Hartley Act, sought to compel defendants to fulfill their statutory and contractual obligations regarding monetary contributions, reports, dues checkoffs, and NYLPAC contributions. Following the defendants' failure to respond, a default judgment was entered against them. The defendants subsequently moved to vacate this judgment, citing excusable neglect due to their attorney's negligence, a meritorious defense, and a lack of personal jurisdiction over Moscato. The District Court denied the defendants' motion, concluding that their default was willful and dilatory, their defense lacked merit, and personal jurisdiction over Moscato was properly established according to N.Y.C.P.L.R.

Default JudgmentMotion to VacateExcusable NeglectAttorney MalpracticeMeritorious DefensePersonal JurisdictionERISATaft-Hartley ActEmployee BenefitsDues Checkoff
References
10
Case No. MISSING
Regular Panel Decision

Independent Ass'n of Plastic & Fibre Workers, Local No. 1 v. Spaulding Fibre Co.

This case involves an action for reformation of a contract where the Special Term correctly dismissed the defendant's affirmative defenses of final resolution of issues and res judicata. These defenses were based on a prior arbitration award. However, the arbitrator's written decision explicitly stated that arbitration was not the appropriate forum for contract reformation, deeming it a judicial function. Consequently, the action for contract reformation could not be precluded by the arbitration award because the arbitrator did not address the specific issue. The court referenced established law that res judicata applies only to issues actually resolved by arbitration, and an award is not a bar to a subsequent action if the issue was not passed upon by the arbitrators. The appellate court unanimously affirmed the order.

Contract ReformationRes JudicataArbitration AwardScope of ArbitrationJudicial FunctionAffirmative DefensesContract InterpretationAppeal from OrderErie CountyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Whitehead v. Holston Defense Corporation

Eoscoe E. Whitehead was awarded total and permanent disability under the Workmen’s Compensation Law due to pulmonary fibrosis, an occupational disease contracted during his employment at Holston Defense Corporation. The defendant appealed, challenging the compensability of the disease and alleging lack of proper notice. The Court affirmed the Chancellor's decree, finding substantial evidence of a causal connection between Whitehead's work conditions and his illness. The Court also determined that the employer's medical staff had actual knowledge of Whitehead's condition and concealed it from him. It broadly interpreted T.C.A. sec. 50-1101 to include Whitehead's ailment as a compensable occupational disease, overruling the assignments of error.

Occupational DiseasePulmonary FibrosisWorkers' CompensationTotal Permanent DisabilityCausationEmployer KnowledgeConcealment of ConditionStatutory ConstructionNon-scheduled Occupational DiseaseIndustrial Exposure
References
2
Case No. MISSING
Regular Panel Decision
Aug 16, 2006

Superior Ice Rink, Inc. v. Nescon Contracting Corp.

The plaintiff contracted with Nescon Contracting Corp. for painting services and required to be named an additional insured under Nescon's liability policy. Nescon's insurance broker, Seigerman-Mulvey Company, Inc., issued a certificate indicating plaintiff was an additional insured, but the insurer, Merchants Mutual Insurance Company, later disclaimed coverage after workers were injured on the plaintiff's premises. The plaintiff sued Seigerman-Mulvey for breach of contract, alleging third-party beneficiary status. The Supreme Court denied Seigerman-Mulvey's motion to dismiss the complaint. However, the appellate court reversed, granting the motion to dismiss, holding that the plaintiff was not in privity of contract with Seigerman-Mulvey, was owed no duty by them, and failed to establish itself as an intended third-party beneficiary or demonstrate fraud, collusion, or other special circumstances for recovery.

Breach of ContractInsurance Broker LiabilityThird-Party BeneficiaryMotion to DismissAdditional InsuredPrivity of ContractAppellate ReviewInsurance Coverage DisclaimerCPLR 3211(a)(7)Pecuniary Loss
References
4
Case No. 13-22-00376-CV
Regular Panel Decision
Oct 27, 2022

in Re Berry Contracting, LP D/B/A Bay Ltd. and Juan Hernandez

Relators Berry Contracting, LP d/b/a Bay Ltd. and Juan Hernandez filed a petition for writ of mandamus seeking to set aside a July 28, 2022 order which concluded they failed to prove the affirmative defense of exclusive remedy in a workers’ compensation case. The Thirteenth District Court of Appeals in Texas stayed the trial court proceedings and requested a response from real parties in interest Gernal Mann and Jennifer Mann. Subsequently, the parties entered into settlement discussions and filed a joint motion to dismiss the mandamus proceeding and to lift the stay, stating that the underlying matters had been resolved. The Court granted the joint motion, reinstated the case, lifted the previously imposed stay, and dismissed the petition for writ of mandamus as moot.

Writ of MandamusWorkers' CompensationExclusive RemedySettlementMootnessDismissalCourt of AppealsTexasJoint MotionStay Lifted
References
3
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