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

Case No. 2022 NY Slip Op 03321
Regular Panel Decision
May 19, 2022

Jackson v. Hunter Roberts Constr., L.L.C.

Plaintiff Robert Jackson sustained personal injuries after tripping and falling on a plywood ramp at a construction site while working as a plumber. He brought claims against the owner, Hunter Roberts Construction, L.L.C., and the general contractor, Bronx Parking Development Company, L.L.C., under Labor Law § 200 and for common-law negligence. The Supreme Court initially granted the defendants' motion for summary judgment. However, the Appellate Division modified this order, denying the defendants' motion and reinstating the Labor Law § 200 and common-law negligence claims, citing unresolved triable issues of fact concerning constructive notice of the alleged dangerous condition.

Personal InjuryConstruction Site AccidentSummary JudgmentLabor LawCommon-Law NegligenceDangerous ConditionConstructive NoticeAppellate ReviewTriable Issues of FactPlywood Ramp
References
4
Case No. MISSING
Regular Panel Decision
Sep 20, 2000

Heras v. P.S. 71 Associates, L. L. C.

In an action to recover damages for personal injuries, the plaintiff, a general laborer, was injured at a building construction site. The plaintiff sued P.S. 71 Associates, L. L. C., the owner and general contractor, and GM Construction & Waterproofing Corp., a subcontractor. P.S. 71 moved for summary judgment, claiming the plaintiff was its employee and thus barred from suing under Workers’ Compensation Law. GM Construction & Waterproofing Corp. also moved for summary judgment, arguing it was not hired until after the accident. The Supreme Court granted P.S. 71's motion and denied GM Construction & Waterproofing Corp.'s motion. On appeal, the order was reversed; P.S. 71's motion for summary judgment was denied, and the complaint against it reinstated, while GM Construction & Waterproofing Corp.'s motion for summary judgment was granted, and the complaint against it dismissed.

Personal InjuryConstruction AccidentSummary JudgmentAppellate ReviewEmployer LiabilitySubcontractor LiabilityWorkers Compensation DefenseRespondeat SuperiorTriable Issue of FactEvidentiary Proof
References
3
Case No. MISSING
Regular Panel Decision
Feb 08, 1988

Francavilla v. Nagar Construction Co.

L.H.L. Realty, owner of an apartment building undergoing renovations, hired Nagar Construction Co., Inc. as the general contractor. A carpenter's helper, Vito Francavilla, employed by a subcontractor, was injured after falling through a stairwell opening. In the original jury trial, L.H.L. Realty was found 30% liable, and judgment was awarded to Nagar defendants against L.H.L. Realty. L.H.L. Realty appealed, seeking indemnification from the Nagar defendants. The court determined that L.H.L. Realty's liability was vicarious under Labor Law §§ 241 and 241-a, and there was no evidence of its own negligence or control over the work. Consequently, L.H.L. Realty was entitled to indemnification from Nagar defendants, who were deemed the parties at fault. The portion of the judgment requiring L.H.L. Realty to pay Nagar defendants was vacated, and the judgment was otherwise affirmed.

IndemnificationVicarious LiabilityStrict LiabilityLabor Law § 241Labor Law § 241-aLabor Law § 200General ContractorOwner LiabilityConstruction AccidentStairwell Opening
References
7
Case No. 2023 NY Slip Op 04702 [219 AD3d 1196]
Regular Panel Decision
Sep 21, 2023

47 E. 34th St. (NY) L.P. v. BridgeStreet Worldwide, Inc.

In 47 E. 34th St. (NY) L.P. v BridgeStreet Worldwide, Inc., the Appellate Division, First Department, reversed a Supreme Court judgment that had granted summary judgment to the plaintiff, 47 East 34th Street (NY) L.P. The plaintiff had sought to hold Versa Capital Management, LLC, and Domus BWW Funding, LLC liable as successors or alter egos of BridgeStreet Worldwide, Inc. (BWW) on a lease guaranty. The Appellate Division found that the lower court erred by relying on a mistaken belief of a 'limited factual issue' and misinterpreting previous admissions. It concluded that documentary evidence disproved successor and alter ego liability, as BWW's assets were transferred to nonparties, not to Versa or Domus Funding. Consequently, the Appellate Division granted summary judgment to Versa Capital Management, LLC, and Domus BWW Funding, LLC, dismissing all claims against them.

Successor LiabilityAlter EgoFraudulent ConveyanceSummary JudgmentAppellate ReviewCorporate DominationLoan ForeclosureForbearance AgreementVeil PiercingPersonal Jurisdiction
References
17
Case No. 2019 NY Slip Op 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Twenty First Century L.P.I v. LaBianca

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce
References
24
Case No. 2019 NY Slip Op 07740
Regular Panel Decision
Oct 29, 2019

Demetrio v. Clune Constr. Co., L.P.

Plaintiff Massimo Demetrio sustained injuries after falling into a trench at a construction site. The Supreme Court initially made several rulings regarding motions for summary judgment, denying some and granting others concerning defendants Clune Construction Company, L.P., Time Warner Cable New York City LLC, and E&N Construction Incorporated. On appeal, the Appellate Division, First Department, modified the Supreme Court's order. The appellate court granted the plaintiff's motion for summary judgment on the Labor Law § 240 (1) claim against Time Warner Cable Enterprises, LLC, and denied E&N Construction Incorporated's motion for summary judgment dismissing the Labor Law § 240 (1) claim and the common-law indemnification cross claim against it. All other aspects of the Supreme Court's order were affirmed. The court found that the plaintiff prima facie established that his injuries were proximately caused by a failure to provide adequate safety devices against elevation-related risks, rejecting various defenses raised by the defendants.

Construction AccidentLabor Law 240(1)Labor Law 241(6)Summary JudgmentElevation-related RiskSafety DevicesTrench FallIndustrial Code ViolationsStatutory AgentIndemnification
References
12
Case No. MISSING
Regular Panel Decision
Mar 17, 1997

Pryer v. Leon D. DeMatteis Construction Corp.

Timothy Pryer, a corrections officer, sustained personal injuries after slipping on sand at the Nassau County Corrections Facility, allegedly due to ongoing construction. He filed a lawsuit against the main contractor, Leon D. DeMatteis Construction Corp., and a subcontractor, S&L Concrete Construction Corp., under the Labor Law. The Supreme Court, Nassau County, granted summary judgment motions by the defendants, dismissing Pryer's Labor Law causes of action and the third-party defendant's counterclaims. On appeal, the order was affirmed, with the court concluding that Pryer was not engaged in activities enumerated in Labor Law §§ 240 or 241(6) and was not injured in a construction area, thus precluding his claims and the related counterclaims.

Personal injurySlip and fallConstruction accidentSummary judgmentAppellate reviewLabor LawSubcontractor liabilityCorrections officerThird-party claimDuty of care
References
2
Case No. MISSING
Regular Panel Decision
Nov 01, 2024

People v. A.L.

This case involves the defendant, A.L., seeking to terminate her lifetime parole under New York's Domestic Violence Survivors Justice Act (DVSJA) for the 1995 murder of her six-year-old daughter, E. A.L. was convicted of murder in the second degree after E. died from head injuries inflicted by A.L. The court acknowledges A.L. was a victim of substantial domestic violence by her partner, Carlos. However, the court ruled that this abuse was not a significant contributing factor to E.'s murder and that A.L.'s current sentence of lifetime parole was not unduly harsh. The decision highlights other contributing factors to A.L.'s criminal behavior, including severe substance abuse, childhood trauma, and a difficult personal relationship with the victim.

Domestic Violence Survivors Justice ActParole TerminationResentencing MotionChild HomicideDomestic Violence VictimSubstance Abuse DisorderTraumatic Brain InjuryCoercive ControlExpert Witness TestimonyJudicial Discretion
References
17
Case No. 2014 NYSlipOp 06780 [121 AD3d 450]
Regular Panel Decision
Oct 07, 2014

Arner v. RREEF America, L.L.C.

Plaintiff Andrew Arner initiated an action to recover for injuries sustained after allegedly tripping and falling on a Masonite board in a building undergoing construction. The building owners and managers, RREEF America, L.L.C., et al., filed a third-party complaint against several contractors, seeking contractual and common law indemnification, contribution, and alleging failure to procure insurance. Third-party defendants Coda Interiors and Adelphi Restoration Corp. moved for summary judgment. The Appellate Division modified the lower court's order, granting Adelphi's motion to dismiss the breach of contract claim for failure to procure insurance. The court found that Adelphi had procured the required insurance, and the remaining appeals were otherwise affirmed.

Summary JudgmentContractual IndemnificationCommon Law IndemnificationContributionBreach of ContractFailure to Procure InsuranceThird-Party ActionConstruction AccidentPremises LiabilityAppellate Review
References
2
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