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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

Galati v. New York Convention Center Development Corp.

A plaintiff, an electrical maintenance worker at the Jacob Javits Center, sustained an injury after slipping on water in a hallway. The water was believed to have originated from an ice machine used by employees of Service America Corporation, the food vendor at the Javits Center. Plaintiff observed Service America workers transporting ice shortly before the fall and noted frequent drips from their carts. While Service America acknowledged prior spills and safety discussions, the Supreme Court initially found insufficient evidence to hold them responsible. However, an appellate court disagreed, ruling that the cumulative evidence was sufficient to withstand the defendant's motion for summary judgment, thereby allowing the case to proceed.

slip and fallpremises liabilitynegligencesummary judgmentappellate reviewevidence sufficiencyice spillworkplace injuryJavits CenterService America Corporation
References
2
Case No. MISSING
Regular Panel Decision

Santiesteban v. Nestle Waters North America, Inc.

Plaintiff James Santiesteban filed a lawsuit against Nestle Waters North America, Inc., alleging discrimination based on religion, retaliation, hostile work environment, constructive discharge under Title VII and NYSHRL, and state law claims for negligent and intentional infliction of emotional distress. Defendant moved for summary judgment on all claims. The court partially granted and partially denied the motion. Summary judgment was denied for the religious discrimination and hostile work environment claims, as the court found triable issues of fact concerning the plaintiff's demotion as an adverse employment action and evidence of discriminatory intent from supervisor comments and actions, as well as a pervasive hostile work environment. However, the court granted summary judgment for the defendant on the retaliation, denial of transfer, constructive discharge, and emotional distress claims, concluding that no materially adverse action occurred for retaliation, the transfer denial was not to an objectively better position, constructive discharge lacked proof of deliberate employer intent to force resignation, and the conduct did not meet the outrageousness standard for emotional distress.

Religious DiscriminationHostile Work EnvironmentEmployment DiscriminationSummary Judgment MotionTitle VII ClaimsNYSHRL ClaimsRetaliation ClaimsConstructive Discharge ClaimsEmotional Distress ClaimsSales Manager Demotion
References
75
Case No. MISSING
Regular Panel Decision
Nov 13, 2012

Delaney v. Bank of America Corp.

John Delaney sued Bank of America (BoA) alleging age discrimination under the ADEA and breach of an oral contract related to his internal transfer. Delaney claimed his termination was age-discriminatory and that BoA reneged on a promise regarding account assignments and compensation. BoA moved for summary judgment, asserting Delaney failed to show a prima facie case of age discrimination and that the alleged oral contract was too vague, superseded by discretionary bonus policies, and that Delaney was an at-will employee. The court found insufficient admissible evidence for age discrimination, supporting BoA's legitimate, non-discriminatory reason (reduction in force based on performance). Additionally, the court ruled the oral agreement lacked definiteness and was overridden by BoA's discretionary bonus plan, and as an at-will employee, Delaney's termination was permissible. Consequently, the court granted BoA's motion for summary judgment on both claims.

Age DiscriminationEmployment LawBreach of ContractSummary JudgmentReduction in ForceAt-Will EmploymentMcDonnell Douglas FrameworkBut-For CausationOral AgreementDiscretionary Bonus
References
65
Case No. MISSING
Regular Panel Decision

Erie County Water Authority v. Kramer

The Erie County Water Authority initiated an Article 78 proceeding to prevent the New York State Labor Relations Board from asserting jurisdiction over an unfair labor practice complaint. The Authority, a state agency, argued its exemption from the New York State Labor Relations Act, despite a provision in the Public Authorities Law stating it is an 'employer.' The court reviewed relevant labor and civil service laws, as well as prior case law concerning state agencies and collective bargaining. Ultimately, the court determined that the Authority, as an agency of the state, falls under the exemptions of Labor Law Section 715, thus not subject to the collective bargaining requirements of Article 20 of the Labor Law. Therefore, the application to enjoin the Board's actions was granted due to lack of jurisdiction.

Article 78Civil Practice ActPublic Authorities LawLabor LawState AgencyUnfair Labor PracticeCollective BargainingJurisdiction DisputeErie County Water AuthorityNew York State Labor Relations Board
References
4
Case No. 2017 NY Slip Op 08809
Regular Panel Decision
Dec 20, 2017

Dereveneaux v. Hyundai Motor America

Keith Dereveneaux, the plaintiff, appealed an order from the Supreme Court, Queens County, which granted summary judgment to the defendants Hyundai Motor America, Trade Show Fabrications, Inc., Innocean Worldwide Americas, LLC, and Trade Show Specialists Corp. The Appellate Division, Second Department, dismissed the appeal against Hyundai Motor America because the plaintiff failed to oppose the initial motion for relief. The court affirmed the summary judgment in favor of Trade Show Specialists Corp., concluding that the plaintiff was a special employee, which barred his personal injury claim under Workers' Compensation Law. Additionally, summary judgment was affirmed for Trade Show Fabrications, Inc., and Innocean Worldwide Americas, LLC, regarding Labor Law § 200 and § 241 (6) claims, as they demonstrated no control over the work site and the cited Industrial Code provisions were inapplicable. The plaintiff's opposition failed to raise any triable issues of fact.

Workers' Compensation LawSummary JudgmentSpecial EmployeeLabor Law Section 200Labor Law Section 241(6)Premises LiabilityWorksite ControlIndustrial CodeAppellate ProcedureAggrieved Party
References
13
Case No. MISSING
Regular Panel Decision
Jul 05, 2006

Wilson v. Sirius America Insurance

Stephen Wilson, a foreman for a plumbing subcontractor, was injured at a construction site and, along with his wife, sued the general contractor, K.J. Gold, LLC, for Labor Law violations. K.J. Gold's insurer, Sirius America Insurance Company, disclaimed coverage based on an exclusion requiring a prior written indemnification contract between K.J. Gold and the subcontractor, which was absent. After K.J. Gold defaulted in the underlying action, the Wilsons commenced a new action against Sirius America to recover the unsatisfied judgment. The Supreme Court initially granted summary judgment to the Wilsons, deeming the exclusion void under General Obligations Law § 5-322.1. However, the appellate court reversed, holding that the insurance exclusion itself did not violate General Obligations Law § 5-322.1, and since K.J. Gold never met the policy's condition of obtaining a written indemnification agreement, Sirius America was entitled to summary judgment dismissing the complaint.

Insurance Coverage DisputeIndemnification AgreementSummary Judgment AppealConstruction AccidentLabor Law ViolationsPolicy ExclusionGeneral Obligations LawContract InterpretationAppellate ReversalThird-Party Action
References
3
Case No. MISSING
Regular Panel Decision
Mar 21, 2011

Waters v. General Board of Global Ministries

Tylie S. Waters sued General Board of Global Ministries of the United Methodist Church (GBGM) alleging age discrimination and harassment under the ADEA, NYSHRL, and NYCHRL. Waters claimed various adverse employment actions, including a menial task, cancelled vacation, isolation, performance plan, EAP referral, and a two-day suspension. The court found no evidence of an objectively hostile work environment or that actions were based on Waters' age, noting many supervisors were also in a protected age class. Most alleged actions were not considered materially adverse, and legitimate, non-discriminatory reasons were cited for the suspension. Consequently, the court granted GBGM's motion for summary judgment on all claims.

Age DiscriminationHostile Work EnvironmentSummary JudgmentEmployment LawFederal District CourtNew York State Human Rights LawNew York City Human Rights LawADEAEmployee PerformanceInsubordination
References
52
Case No. ADJ3760300 (LAO 0866145) ADJ 1883212 (LAO 0847788)
Regular
Dec 05, 2011

DENNIS DAILEY (Deceased) vs. DS WATERS OF AMERICA, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendants' petition for reconsideration as untimely. The defendants sought to challenge a compromise and release agreement, alleging it was contingent on Medicare Set-Aside approval, which was not obtained before the applicant's death. However, their petition was filed with the WCAB one day after the statutory deadline. The WCAB also admonished the defendants' counsel for appending inappropriate exhibits and warned of potential sanctions for future rule violations.

Workers' Compensation Appeals BoardDS Waters of AmericaZurich North AmericaCompromise and Release AgreementMedicare Set-AsideCMS approvalPetition for ReconsiderationUntimely FilingAdministrative Law JudgeFindings of Fact and Award
References
4
Case No. MISSING
Regular Panel Decision
Dec 13, 1978

Waters v. Patent Scaffold Co.

This personal injury action arises from Charles Waters' fall from a scaffolding I-beam in 1970, allegedly unbolted by a co-worker. Waters was employed by I. Rosen & Sons, Inc., a masonry subcontractor. The defendants included the general contractor-owner and Patent Scaffold Co., which leased and initially installed the scaffolding. The court determined that Patent Scaffold Co. was an independent supplier, not a contractor, and thus not liable under Labor Law § 240, nor for common-law negligence or strict liability, as the alleged duties devolved upon the subcontractor. The Supreme Court's order partially granting summary judgment to Patent Scaffold Co. was modified to grant summary judgment on all causes of action, and as modified, affirmed.

Personal InjuryScaffolding AccidentLabor Law § 240Summary JudgmentContractor LiabilityLessor LiabilitySubcontractor ResponsibilityConstruction Site SafetyDuty to SuperviseStrict Liability
References
1
Case No. 2018 NY Slip Op 05756 [164 AD3d 660]
Regular Panel Decision
Aug 15, 2018

James v. Crystal Springs Water

The plaintiff, Robert James, an employee of Manpower Group US, Inc., was injured while working at Crystal Springs Water premises and subsequently received workers' compensation benefits. James then initiated a personal injury action against Crystal Springs Water. Crystal Springs moved for summary judgment, asserting it was James's special employer under Workers' Compensation Law §§ 11 and 29, which would legally bar a negligence suit. The Supreme Court, Suffolk County, granted this motion. The Appellate Division, Second Department, affirmed the decision, concluding that Crystal Springs had established a prima facie case of special employment based on James's receipt of workers' compensation and Crystal Springs' control over his work details. The plaintiff's contradictory affidavit was deemed insufficient to create a triable issue of fact.

Workers' CompensationSpecial Employment DoctrineSummary Judgment MotionPersonal Injury LitigationAppellate ReviewEmployer ImmunityGeneral EmployerControl TestConflicting TestimonyNew York Labor Law
References
8
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