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

Case No. 2017 NY Slip Op 07967 [155 AD3d 471]
Regular Panel Decision
Nov 14, 2017

Tishman Construction Corp. v. United Hispanic Construction Workers, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which found United Hispanic Construction Workers, Inc. (UHCW) and nonparty David Rodriguez guilty of civil contempt. The contempt finding was due to their failure to adhere to a previously negotiated stipulation and court order entered on May 22, 2012, which outlined conditions for protests held by UHCW. As a result, UHCW was fined $1,000, Rodriguez $500, and attorney fees, costs, and disbursements were awarded. The court affirmed that the appellants clearly disobeyed an unequivocal mandate, thereby prejudicing the plaintiffs' business operations. Furthermore, the court properly exercised jurisdiction over David Rodriguez, president of UHCW, despite him not being personally served, given his active involvement in negotiating the stipulation and his personal violations of the court's mandates.

Civil ContemptStipulation ViolationCourt Order DisobedienceAppellate AffirmationJurisdiction over NonpartyCorporate Officer LiabilityFines and PenaltiesAttorney Fees AwardPrejudice to BusinessProtest Conditions
References
3
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. 2018 NY Slip Op 07708
Regular Panel Decision
Nov 14, 2018

Jones v. City of New York

Plaintiffs Bobby Jones and his wife sought damages for personal injuries after Mr. Jones, an ironworker, fell from a ship's ladder at a construction site in Queens County. They alleged violations of Labor Law §§ 240(1) and 241(6) against the City of New York, New York City School Construction Authority, and Leon D. DeMatteis Construction Corporation. The Supreme Court denied the plaintiffs' motion for summary judgment on liability, identifying triable issues of fact. The Appellate Division, Second Department, affirmed, concluding that plaintiffs did not establish a prima facie violation of Labor Law § 240(1) and that factual questions persisted regarding Labor Law § 241(6), including proximate causation and the ladder's role in the work.

Personal InjuryConstruction AccidentLabor LawSummary JudgmentLiabilityElevation-Related RiskShip's LadderIndustrial CodeProximate CauseNondelegable Duty
References
18
Case No. MISSING
Regular Panel Decision

Jones v. Smith

Plaintiff David S. Jones sued defendants Trevor Tahiem Smith, Jr. and Starbus LLC for unpaid overtime under FLSA, unpaid wages under NYLL, age discrimination under NYCHRL, assault, and battery. The parties reached a settlement in principle and sought court approval, but requested confidentiality due to defendant Smith's public figure status and a proposed stipulation classifying plaintiff as an independent contractor for settlement purposes. Magistrate Judge Robert M. Levy denied the joint motion for settlement approval, rejecting both the "celebrity exception" and the independent contractor stipulation as means to circumvent public disclosure requirements for FLSA settlements. The court emphasized the public interest in FLSA cases and the strong presumption against confidentiality, directing the parties to renegotiate and submit a revised, public settlement agreement.

Fair Labor Standards ActConfidentiality AgreementSettlement ApprovalIndependent Contractor StatusJudicial ReviewPublic AccessCelebrity StatusWage and Hour DisputesOvertime CompensationNew York Labor Law
References
22
Case No. MISSING
Regular Panel Decision

Claim of Moysello v. David

The claimant, a taxicab driver for David’s Taxi and David Enterprises, was injured in a motor vehicle accident in January 2007. An investigation by the Workers’ Compensation Board determined that Charles David and David Enterprises were the uninsured "true owners" and employers. A workers’ compensation law judge found them to be employers and uninsured, a decision affirmed by the Board, which found they met the presumptive definition of employer under Workers’ Compensation Law § 2 (former [3]) and had proper jurisdiction. The appellate court affirmed the Board’s decision, concluding it was supported by substantial evidence and that proper notice of the hearing was received despite competing address claims.

Motor Vehicle AccidentTaxicab DriverEmployer DefinitionUninsured EmployerWorkers' Compensation LawNotice of HearingBoard ReviewAppellate DecisionSubstantial EvidenceCorporate Ownership
References
1
Case No. 2015 NY Slip Op 01643
Regular Panel Decision
Feb 25, 2015

Quality Building Construction, LLC v. Jagiello Construction Corp.

This case concerns an appeal in a proceeding to confirm an arbitration award and discharge a bond. Jagiello Construction Corp. appealed an order that denied its cross-petition to vacate an arbitration award, which Quality Building Construction, LLC sought to confirm. The Appellate Division, Second Department, affirmed the Supreme Court's order. The Court held that Jagiello failed to meet its "heavy burden" to establish grounds for vacatur under CPLR 7511(b)(1). It found that Jagiello had sufficient notice of the arbitration hearing and was not prejudiced by a scrivener's error in the demand for arbitration that misidentified the claimant.

ArbitrationAward ConfirmationVacaturCPLR Article 75Appellate PracticeDue ProcessNotice RequirementsScrivener's ErrorPublic Policy ExceptionArbitrator Authority
References
9
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. MISSING
Regular Panel Decision

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
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
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