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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
Apr 15, 1983

American White Cross Laboratories, Inc. v. North River Insurance

Vincent Yeager, an employee of American White Cross Laboratories, Inc. (American), was injured during employment, leading to a lawsuit against a machine manufacturer, who then brought a third-party action against American for indemnification. American was covered by both a workers’ compensation policy from the State Insurance Fund and a general liability policy from North River Insurance Co. North River disclaimed liability, citing exclusions for workers’ compensation obligations and bodily injury to employees. American then initiated a fourth-party action against North River for contribution. The Supreme Court initially denied American's summary judgment motion and granted North River's cross-motion to dismiss, with leave to replead for indemnification. This court reversed, holding that North River's exclusions do not insulate it from American’s claims because the employer's liability to a third-party tort-feasor for an employee's injury arises from equitable apportionment, not directly from workers' compensation law, thus granting American's motion for summary judgment and denying North River's cross-motion.

Insurance coverage disputeGeneral liability policyWorkers' compensation exclusionContribution between tort-feasorsIndemnificationSummary judgmentFourth-party actionDole-Dow doctrineEquitable apportionmentEmployer liability
References
2
Case No. MISSING
Regular Panel Decision

Landgraff v. 1579 Bronx River Avenue, LLC

This personal injury action arises from allegations that plaintiff Anthony Landgraff sustained injuries during employment with J.H. Loewy, Inc., a plumbing subcontractor, while removing a sprinkler system at premises owned by 1575 Bronx River Avenue, LLC and renovated by LSK Smoked Turkey Products, Inc. The injured plaintiff fell from a scaffold due to insufficient safety devices. The appellate court reversed the lower court's decision, granting the plaintiffs' motion for partial summary judgment as to liability under Labor Law § 240 (1). The court also granted 1575 Bronx River Avenue, LLC's cross-motion for contractual indemnification against J.H. Loewy, Inc. and LSK Smoked Turkey Products, Inc., and LSK Smoked Turkey Products, Inc.'s cross-motion for contractual indemnification against J.H. Loewy, Inc. Additionally, 1575 Bronx River Avenue, LLC was found entitled to common-law indemnification from LSK Smoked Turkey Products, Inc. However, the court declined to grant summary judgment for 1575 Bronx River Avenue, LLC against J.H. Loewy, Inc. on common-law indemnification and against LSK Smoked Turkey Products, Inc. on contractual indemnification due to an inadequate record. The matter was remanded for further proceedings.

personal injuryscaffold accidentLabor Lawabsolute liabilityindemnificationcontractual indemnificationcommon-law indemnificationgrave injurysummary judgmentappellate review
References
17
Case No. MISSING
Regular Panel Decision
Feb 28, 1991

North River Insurance v. United National Insurance

This appellate decision addresses the apportionment of liability between North River Insurance Co. and United National Insurance Company arising from a settlement for an injured employee. The court clarified that North River, as the workers' compensation carrier, is solely responsible for its waived lien, reversing a lower court's finding. It further determined that both insurers' "other insurance" clauses called for pro rata contribution, not equal shares, for the $588,245 settlement payment and defense costs. The court calculated specific shares for each insurer and ruled that North River is entitled to interest from the original payment date in 1982. The Supreme Court's order was thus modified to reflect these findings.

Insurance disputePro rata contributionEquitable apportionmentWorkers' compensation lienDefense costsOther insurance clausesSettlement apportionmentInterest calculationAppellate decisionInsurer liability
References
10
Case No. ADJ9822640
Regular
Feb 11, 2016

MICHAEL KYLLO vs. EEL RIVER DISPOSAL, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) granted reconsideration due to an incomplete record, specifically the absence of the applicant's pay stubs in the electronic filing system. The WCAB found that meaningful review of the WCJ's award of temporary disability benefits was impossible without this documentation. Consequently, the WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings. This action is to ensure a proper record is established, enabling the WCJ to re-evaluate the applicant's average weekly wage and issue a new decision.

KylloEel River DisposalInsurance Company of the WestADJ9822640ReconsiderationFindings and AwardAverage Weekly WageTemporary Disability IndemnityTruck DriverPayroll Records
References
3
Case No. MISSING
Regular Panel Decision

Kachele v. Shoreham-Wading River Central School District

This case concerns a CPLR article 78 proceeding initiated by a petitioner against the Shoreham-Wading River Central School District. The petitioner challenged the district's determination, dated March 6, 1995, which upheld findings of misconduct, insubordination, and incompetency, leading to her dismissal as a Custodial Worker I. The court reviewed the determination and found it to be supported by substantial evidence. Consequently, the court confirmed the determination and dismissed the proceeding on the merits, concluding that the penalty of dismissal was not disproportionate to the offenses committed.

CPLR Article 78Administrative ReviewPublic EmploymentDismissalMisconductInsubordinationIncompetencySubstantial EvidencePenalty ReviewSchool District
References
2
Case No. MISSING
Regular Panel Decision
Jun 10, 2013

Metal Lathers Local 46 Pension Fund v. River Avenue Contracting Corp.

Plaintiffs, several union benefit funds (the “Funds”), filed suit against River Avenue Contracting Corp. (“River”) and related individual and corporate defendants. The Funds alleged that River and its alter ego entities fraudulently avoided paying contributions owed under collective bargaining agreements. The Amended Complaint raised claims under ERISA, the Labor Management Relations Act (LMRA), and state law for fraud, conspiracy to commit fraud, and aiding and abetting fraud. The Court granted the defendants’ motion to dismiss the ERISA and state law claims, determining that the Funds lacked standing under ERISA and that the state law claims were preempted. The Court also denied the plaintiffs’ request to amend the complaint to add trustees as plaintiffs, suggesting a separate consolidated suit. The case will proceed solely on the LMRA claims against River Avenue Contracting Corp.

ERISALMRACollective Bargaining AgreementsUnion Benefit FundsAlter Ego LiabilityFraudMotion to DismissStandingPreemptionCorporate Veil Piercing
References
19
Case No. 2024 NY Slip Op 24162 [84 Misc 3d 931]
Regular Panel Decision
Apr 06, 2024

James Riv. Group Holdings, Ltd. v. Fleming Intermediate Holdings LLC

The case, James River Group Holdings, Ltd. v Fleming Intermediate Holdings LLC, addresses a dispute over a stock purchase agreement (SPA) for the sale of James River's reinsurance subsidiary, JRG Re, to Fleming. Fleming refused to close the transaction, citing alleged breaches related to JRG Re's reserves and liquidity, and demanded a $78 million concession. James River sought specific performance through a mandatory preliminary injunction, arguing that Fleming's claims were baseless and contrary to the SPA's terms, particularly a clause prohibiting challenges to reserves and outlining a post-closing price adjustment process. The Supreme Court, New York County, presided over by Justice Masley, granted James River's motion, finding a clear likelihood of success on the merits, established irreparable harm due to reputational damage and operational disruption, and a favorable balance of equities, compelling Fleming to close the deal within 10 days.

Specific PerformanceStock Purchase AgreementBreach of ContractPreliminary InjunctionMandatory InjunctionContract InterpretationIrreparable HarmBalance of EquitiesReinsurance SubsidiaryClosing Conditions
References
29
Case No. MISSING
Regular Panel Decision

North River Insurance Co. v. United National Insurance Co.

North River Insurance Company, having settled a worker's compensation claim for its insured, Summit Hoisting, sued United National Insurance Company for a declaration that United was obligated to defend and indemnify Summit. The core issue revolved around an exclusion clause in United's policy concerning "bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury.” North River argued the indemnification clause was ambiguous. The court rejected this argument, finding the plain terms of the exclusion covered the liability United sought to exclude. Consequently, the Appellate Division's order was reversed, granting summary judgment to United National Insurance Company and dismissing North River's complaint.

Insurance Policy ExclusionWorker's CompensationGeneral Liability PolicyIndemnification ClauseSummary JudgmentContract InterpretationThird-Party ActionEmployer LiabilityAppellate ReviewDeclaratory Judgment
References
7
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. MISSING
Regular Panel Decision

In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'n

This case consolidates two appeals, 'The Watertown Dispute' and 'The Indian River Dispute,' concerning public sector arbitration under New York's Taylor Law. Both cases involve education associations and school districts in disputes over changes to health insurance benefits, specifically increased employee copayments. The associations filed grievances, which the districts denied, leading to demands for arbitration. Lower courts granted stays of arbitration, applying the 'Liverpool two-step' protocol and finding the disputes non-arbitrable. The Court of Appeals reverses these decisions, clarifying that the 'Liverpool' protocol should be applied without an anti-arbitrational presumption. The Court emphasizes that the merits of a grievance are for the arbitrator, and a court's role is merely to determine if there's a reasonable relationship between the dispute's subject matter and the collective bargaining agreement. Finding that health insurance benefits are clearly related to the CBAs, the Court compels arbitration in both cases.

Public Sector ArbitrationTaylor LawCollective Bargaining AgreementGrievance ArbitrabilityHealth Insurance BenefitsCopayment IncreasesLiverpool Two-Step ProtocolJudicial Review of ArbitrationPresumption of ArbitrabilityCourt of Appeals (NY)
References
32
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