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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

People v. Burton

Ottaway Newspapers, Inc., publisher of the Times Herald Record, sought access to court files in a brutal murder and rape case involving an unnamed defendant. Access was initially denied by the County Court of Sullivan County, citing Civil Rights Law § 50-b and concerns about prejudicing the defendant's right to a fair trial. The Record appealed, arguing that § 50-b should not apply due to the victim's death and prior disclosure of identity, and that fair trial concerns were not adequately demonstrated. The appellate court reversed the County Court's order, finding that Civil Rights Law § 50-b does not extend to deceased victims whose identity has been disclosed. The court also determined that the justifications for sealing the records based on fair trial prejudice were insufficient under both First Amendment and common-law access standards, granting the Record's application for access to the documents in redacted form.

Public Access to RecordsFirst Amendment RightsFair Trial RightsSealing Court RecordsCivil Rights Law § 50-bFreedom of the PressPrejudicial PublicityCommon-Law Right of AccessRape Victim PrivacyAppellate Review
References
15
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. 2017 NY Slip Op 08027 [155 AD3d 900]
Regular Panel Decision
Nov 15, 2017

Poalacin v. Mall Properties, Inc.

The plaintiff, Nelson Poalacin, was injured when he fell from a defective ladder while working at a retail property undergoing refurbishment. He sued multiple defendants, including the property owners (Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc.), the general contractor (James Hunt Construction), and subcontractors (Weather Champions, Ltd., APCO Insulation Co., Inc.), alleging violations of Labor Law §§ 240 (1), 200, and 241 (6), as well as common-law negligence. The Supreme Court initially denied Poalacin's motion for summary judgment on Labor Law § 240 (1) and later granted the defendants' motions to dismiss the complaint. On appeal, the Appellate Division reversed the Supreme Court's orders, granting Poalacin summary judgment on the Labor Law § 240 (1) claim and denying the defendants' motions to dismiss the other Labor Law claims. The court also made declarations regarding indemnification and insurance coverage between the parties, finding Harleysville Insurance's policy was excess to Netherlands Insurance Company's policy, and remitted the matter for judgment entry.

Labor LawConstruction AccidentWorkplace SafetyLadder FallSummary JudgmentIndemnificationInsurance DisputesAdditional InsuredCommon-Law NegligenceThird-Party Action
References
37
Case No. 2022 NY Slip Op 03497 [206 AD3d 620]
Regular Panel Decision
Jun 01, 2022

Everett v. CMI Servs. Corp.

The plaintiff, Ron Everett, sustained personal injuries after slipping and falling on accumulated water and feces in an employee break room at his workplace. Defendants, including CMI Services Corp., Omni New York, LLC, and Plaza Residences, LLP, moved for summary judgment, asserting defenses such as inherent job hazard, open and obvious condition, and employer protection under Workers' Compensation Law § 11. The Supreme Court denied their motion. On appeal, the Appellate Division affirmed, holding that the plaintiff was not engaged in his cleaning duties at the time of the fall, the dangerous condition was not proven to be non-inherently dangerous despite being open and obvious (due to hidden feces), and the defendants failed to establish an alter ego or special employer relationship to invoke Workers' Compensation Law immunity. The court concluded that the defendants did not demonstrate a prima facie entitlement to judgment as a matter of law.

Personal InjurySlip and FallSummary Judgment MotionCommon-Law NegligenceOpen and Obvious ConditionInherent Job HazardWorkers' Compensation Law § 11Alter Ego DoctrineSpecial EmployerAppellate Review
References
25
Case No. 2022 NY Slip Op 00720 [202 AD3d 433]
Regular Panel Decision
Feb 03, 2022

Galeno v. Everest Scaffolding, Inc.

Plaintiff Fidel Galeno was injured in December 2012 after falling through a sidewalk shed roof while performing façade repairs on a building. The building was owned by Elk 22 Realty LLC, net leased to 20 West, and managed by ABS Partners Real Estate, LLC (collectively, the owner defendants). Everest Scaffolding, Inc. constructed the sidewalk shed, and Schnelbacher-Sendon Group, LLC (SSG) was hired for façade repairs, subcontracting work to Ramon Construction Corporation (Ramon), plaintiff's employer. The Supreme Court denied conditional summary judgment for the owner defendants on contractual indemnification against SSG and Ramon, and granted SSG's and Ramon's motions for summary judgment dismissing contractual indemnification and common-law indemnification/contribution claims. The Supreme Court also denied Everest's motion to dismiss common-law negligence and Labor Law § 200 claims, granted dismissal of contractual indemnification claims against Everest by 20 West and ABS, and denied the owner defendants' cross-motion for conditional summary judgment against Everest. The Appellate Division modified the orders, denying SSG's, Ramon's, and Everest's motions to the extent they sought dismissal of 20 West and ABS's contractual indemnification claims against them, and otherwise affirmed. Issues of fact concerning proximate cause by Everest or Ramon remain, precluding dismissal of negligence and Labor Law § 200 claims against Everest. Common-law indemnification and contribution claims against SSG were properly dismissed due to lack of negligence or supervision by SSG, while similar claims against Ramon were precluded by the Workers' Compensation Law.

Personal InjuryPremises LiabilitySidewalk Shed AccidentContractual IndemnificationCommon-Law IndemnificationContribution ClaimsSummary Judgment MotionAppellate ReviewProximate CauseConstruction Accident
References
6
Case No. 2017 NY Slip Op 07909 [155 AD3d 1208]
Regular Panel Decision
Nov 09, 2017

NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.

Plaintiff, a self-insured trust, commenced a collection action against defendant, a former member, for unpaid assessments related to workers' compensation claims. Defendant counterclaimed and filed a third-party action against Cool Insuring Agency, the trust's administrators, alleging mismanagement. During discovery, a dispute arose over a report commissioned by defendant's counsel from a consultant, which Cool and plaintiff sought to compel. Defendant asserted attorney-client privilege, attorney work product, and material prepared in anticipation of litigation. The Supreme Court partially granted the motions to compel, a decision largely affirmed by the Appellate Division, Third Department, with a modification regarding a specific email exchange found to be protected attorney work product.

Discovery DisputeAttorney-Client PrivilegeAttorney Work ProductMaterial Prepared for LitigationSelf-Insurance TrustWorkers' Compensation BenefitsBreach of ContractUnjust EnrichmentThird-Party ActionClaims Administration
References
20
Case No. MISSING
Regular Panel Decision
Jul 11, 1985

People v. Bass

The defendant appealed a judgment from the County Court, Nassau County, convicting him of multiple counts of murder, rape, and sodomy. The appeal challenged the People's proof of identity beyond a reasonable doubt and the denial of a motion to suppress physical evidence. The court affirmed the judgment, finding the evidence legally sufficient, the verdict not against the weight of the evidence, and no merit to contentions regarding probable cause for arrest or the 'no inference' charge. Key evidence included a blood-stained poncho matching the victim's blood, bite marks consistent with the defendant's teeth, and a fetal monitor strap (similar to one used at his daughter's birth) found at the crime scene.

Murder Second DegreeRape First DegreeSodomy First DegreeJury VerdictPhysical Evidence SuppressionSufficiency of EvidenceWeight of EvidenceProbable Cause for ArrestNo Inference ChargeHarmless Error
References
4
Case No. 2016 NY Slip Op 04809 [140 AD3d 532]
Regular Panel Decision
Jun 16, 2016

Masi v. Cassone Trailer & Container Co.

The Appellate Division, First Department, affirmed an order from the Supreme Court, Bronx County, which denied motions for summary judgment by defendant Cassone Leasing Inc. and third-party defendant LKQ Hunts Point Auto Parts Corp. The case involved Anthony Masi's personal injury claims against various defendants, including Cassone Trailer & Container Co. and Cassone Leasing Inc. The court clarified that a prior settlement agreement under Workers' Compensation Law § 32, entered into by Masi and his employer LKQ, only settled workers' compensation claims and did not release personal injury claims against other defendants. Furthermore, a subsequent broad release agreement between Masi and LKQ released claims solely in favor of LKQ, not extending to other defendants in the personal injury suit. The court did not address whether the release barred third-party actions against LKQ, as that issue was not raised below.

Summary judgmentPersonal injury claimsWorkers' Compensation LawSettlement agreementRelease agreementThird-party actionsAppellate reviewDismissal motionScope of releaseEmployer liability
References
1
Case No. 2016 NY Slip Op 04028 [139 AD3d 1018]
Regular Panel Decision
May 25, 2016

Melendez v. McCrowell

The Appellate Division, Second Department, affirmed an order from the Supreme Court, Rockland County, in a personal injury action arising from a rear-end motor vehicle collision. Plaintiffs Michael Melendez and his wife sued Patrick McCrowell and Marten Transport, Ltd., after Melendez was struck while driving his employer's pickup truck. The Supreme Court had denied the defendants' motion for summary judgment, which was based on a collateral estoppel argument citing a Workers' Compensation Board finding of no serious injury. The Supreme Court also granted the plaintiffs' cross-motion for summary judgment on liability. The Appellate Division found the defendants failed to demonstrate that the issue of serious injury, particularly regarding a traumatic brain injury, was identical to what was decided by the Workers' Compensation Board, thus collateral estoppel did not apply. Furthermore, the court determined that the plaintiffs had established a prima facie case of negligence for the rear-end collision, which the defendants failed to rebut with a nonnegligent explanation.

Personal InjuryMotor Vehicle AccidentRear-end CollisionSummary JudgmentCollateral EstoppelWorkers' Compensation BoardSerious InjuryTraumatic Brain InjuryAppellate ReviewNegligence
References
18
Case No. 2022 NY Slip Op 00890
Regular Panel Decision
Feb 09, 2022

Sanchez v. BBL Constr. Servs., LLC

Plaintiff Jose W. Sanchez, an employee of D&J Concrete Corp., allegedly sustained injuries at a construction site in Rockland County after tripping over a protruding drain pipe while pouring concrete. He initiated a personal injury action against the property owners (CRH Realty IX, LLC, and Crystal Run Healthcare, LLP), the general contractor (BBL Construction Services, LLC), and the plumbing subcontractor (Joe Lombardo Plumbing & Heating of Rockland, Inc.), alleging common-law negligence and violations of Labor Law §§ 200 and 241(6). The Supreme Court denied motions for summary judgment submitted by the defendants and third-party defendant D&J, prompting an appeal. The Appellate Division, Second Department, reversed the lower court's order. It ruled that the defendants successfully demonstrated that the alleged dangerous condition was open and obvious, not inherently dangerous, and that they lacked authority to supervise the plaintiff's work, thereby dismissing the common-law negligence and Labor Law § 200 claims. Additionally, the court found the Industrial Code provision (12 NYCRR) § 23-1.7 (e) (2) cited for the Labor Law § 241(6) claim inapplicable, as the pipe was considered an integral and permanent part of the ongoing construction. Consequently, the motions for summary judgment dismissing all causes of action were granted.

Personal InjuryConstruction AccidentSummary JudgmentCommon Law NegligenceLabor Law § 200Labor Law § 241(6)Industrial CodeOpen and Obvious HazardInherently Dangerous ConditionSupervisory Authority
References
24
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