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Case No. ADJ3206675 (LAO 0812570), ADJ4515604 (LAO 0812569)
Regular
Feb 01, 2013

FRANCES MADISON vs. LYNWOOD UNIFIED SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted reconsideration of two previous awards concerning applicant Frances Madison's back and knee injuries. The Board found that the parties' stipulation to use the 1997 permanent disability rating schedule for an injury occurring in 2005 was contrary to Labor Code section 4660(d), which mandates the 2005 schedule for injuries on or after its effective date. Consequently, the previous Findings and Awards were rescinded, and the matter was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardADJ3206675ADJ4515604Frances MadisonLynwood Unified School DistrictCorvel CorporationOpinion and Order Granting ReconsiderationFindings and AwardsPermanent DisabilityIndustrial Injury
References
2
Case No. MISSING
Regular Panel Decision

International Ass'n of MacHinists & Aerospace Workers v. Compagnie Nationale Air France

The International Association of Machinists and Aerospace Workers (IAM) sought a preliminary injunction against Air France to prevent the unilateral cancellation of their collective bargaining agreement from January 3, 1977, and to compel Air France to continue recognizing IAM as the representative for cargo agents. Air France terminated the agreement citing Article XVII(q), which was triggered by a National Mediation Board (NMB) decision concerning United Air Lines freight agents, interpreting it as permitting separate bargaining units for cargo agents. IAM contended that Air France's actions violated the Railway Labor Act (RLA) and that Article XVII(q) itself was illegal and an attempt to bypass RLA procedures. The court declined to exercise jurisdiction, categorizing the dispute as both a 'minor dispute' concerning contract interpretation, falling under the National Railroad Adjustment Board's exclusive jurisdiction, and a 'major dispute' regarding employee representation, which is under the primary jurisdiction of the NMB. Since administrative remedies had not been exhausted, the plaintiff's motion for a preliminary injunction was denied, and the case was dismissed.

Labor LawRailway Labor ActCollective BargainingPreliminary InjunctionJurisdictionMinor DisputeMajor DisputeNational Mediation BoardNational Railroad Adjustment BoardUnion Representation
References
23
Case No. 2023 NY Slip Op 02866
Regular Panel Decision
May 31, 2023

Gonzalez v. Madison Sixty, LLC

Emilio Gonzalez, a worker, sustained injuries while moving a heavy compressor across a makeshift plywood ramp at a construction site owned by Madison Sixty, LLC. The ramp broke, causing the compressor to fall into a trench and strike Gonzalez's foot. Gonzalez and his wife initiated a personal injury action, seeking summary judgment on liability under Labor Law § 240 (1) against Madison, but the Supreme Court initially denied their motion. The Appellate Division, Second Department, reversed the Supreme Court's decision, finding that Madison failed to provide adequate safety devices against elevation-related hazards as required by Labor Law § 240 (1). Consequently, the Appellate Division granted the plaintiffs' motion for summary judgment on the issue of liability.

Labor Law § 240 (1)Elevation-related hazardSummary judgmentConstruction accidentPlywood ramp collapseGravity-related hazardsAppellate DivisionPersonal injuryAbsolute liabilityStatutory violation
References
9
Case No. 2016 NY Slip Op 00596
Regular Panel Decision
Jan 28, 2016

Madison Realty Capital, L.P. v. Scarborough-St. James Corp.

The Appellate Division, First Department, affirmed a judgment confirming an arbitration award in favor of Madison Realty Capital, L.P. against Scarborough-St. James Corporation and others. The Supreme Court, New York County, had previously confirmed the award of $720,204.80 to the plaintiffs, denying the defendants' cross-motion to vacate or modify it. The arbitration award established Madison as the landlord of a shopping center, with annual rent payable to Madison instead of being used for a wraparound mortgage. The court found no basis to overturn the arbitrator's decision, stating it was not a 'totally irrational construction' of the contract and that the arbitrator did not exceed authority. Challenges to rent calculation were deemed unavailing, and a nonparty's intervention was denied due to lack of standing.

Arbitration AwardContract DisputeLandlord-TenantRent CalculationAppellate ReviewJudicial ReviewStandingCPLR 7511Pro SeWraparound Mortgage
References
5
Case No. MISSING
Regular Panel Decision

Barker v. Madison Associates

Fred Barker, a window cleaner, sued Swing Stage Limited and 527 Madison Avenue Holdings, Inc., for injuries sustained on July 17, 1990, while attempting to exit a malfunctioning scaffold at 527 Madison Avenue. Barker alleged common law negligence and violations of N.Y. Labor Law §§ 202 and 240(1). The court denied Barker's motion for summary judgment on liability and granted the defendants' cross-motion for summary judgment. The court found Labor Law § 240(1) inapplicable, as Barker's injury did not result from a fall from a height or being struck by a falling object, but from climbing over a railing. Furthermore, the court determined that Barker's injury was not proximately caused by the defendants' actions, as he was in a safe position and his chosen method of extrication was an unnecessary and dangerous course of action, thus dismissing all statutory and common law claims, including a derivative claim by Gerri Barker.

Summary JudgmentLabor LawScaffold SafetyProximate CauseContributory NegligenceWorker InjuryWorkplace SafetyPremises LiabilityStatutory InterpretationFederal Rules of Civil Procedure Rule 56
References
17
Case No. 2019 NY Slip Op 04460 [173 AD3d 437]
Regular Panel Decision
Jun 06, 2019

Madison Sullivan Partners LLC v. PMG Sullivan St., LLC

Plaintiff Madison Sullivan Partners LLC appealed an order that dismissed its complaint against PMG Sullivan Street, LLC and awarded attorneys' fees to the defendants. The plaintiff alleged damages from a joint property development due to delays, cost overruns, bad faith, intentional wrongdoing, and gross negligence by PMG Sullivan. The court found that the plaintiff's allegations were insufficient to demonstrate demand futility under Delaware law, lacking particularized facts to show a 'substantial likelihood' of personal liability for the defendants. Consequently, claims for breach of fiduciary duty and aiding and abetting were dismissed. Furthermore, the claim for an accounting was deemed abandoned, and the breach of construction management agreement claim was barred by a waiver of consequential damages. The Appellate Division affirmed the lower court's decision, including the award of attorneys' fees to the defendants, finding the contractual provision plainly supported such an award to the prevailing party.

Business disputeDemand futilityDelaware lawFiduciary dutyAttorneys' feesConsequential damagesWaiverContract enforcementDerivative actionAppellate review
References
7
Case No. 2025 NY Slip Op 02263 [44 NY3d 329]
Regular Panel Decision
Apr 17, 2025

Nellenback v. Madison County

Michael Nellenback sued Madison County under the Child Victims Act for negligent supervision after being sexually abused by his social services caseworker, Karl Hoch, between 1993 and 1996. Nellenback alleged the County was negligent in hiring, supervising, and retaining Hoch, who was later convicted of abusing other children. The Supreme Court granted summary judgment to the County, which the Appellate Division affirmed, finding no triable issue of fact on the negligent supervision claim. The Court of Appeals affirmed, holding that Nellenback failed to prove the County had actual or constructive notice of Hoch's propensities or that lax supervision would have revealed the abuse, and that evidence for this was purely speculative. The dissenting opinion argued that there were triable issues of fact regarding the County's lax supervision and its failure to identify warning signs.

Child Victims ActNegligent SupervisionSexual AbuseSocial Services CaseworkerSummary JudgmentConstructive NoticeAppellate ReviewCourt of AppealsEmployee MisconductChild Welfare Standards
References
43
Case No. 2007 NY Slip Op 27117
Regular Panel Decision
Mar 16, 2007

Matter of Frances W. v. Steven M.

Petitioner Frances W. sought child support from respondent Steven M. for her niece, Melissa M. The court denied the application, affirming prior findings by a Referee and another Judge that Ms. W. had improperly brainwashed Melissa into falsely believing her father sexually abused her, thereby destroying their relationship. The court applied the doctrine of collateral estoppel and cited Matter of Orange County Dept. of Social Servs. v Meehan, concluding that Ms. W. forfeited her right to child support due to her egregious conduct. The decision emphasized that Ms. W. should not profit from her own wrongdoing, but clarified that Melissa M. retains the right to file her own support or enforcement petition against her father.

Child SupportParental AlienationCollateral EstoppelFamily LawChild Abuse AllegationsCustody DisputeVisitation InterferenceJudicial DiscretionForensic PsychologyChild Welfare
References
19
Case No. 4111 110134/11 590378/12 590447/13
Regular Panel Decision
May 25, 2017

Rubino v. 330 Madison Co., LLC

Plaintiffs William Rubino, et al., moved for partial summary judgment on a Labor Law § 241(6) claim against defendants 330 Madison Company, LLC and Tishman Construction Corp. The claim arose from injuries sustained when Mr. Rubino's safety harness contacted an electrified BX cable, violating Industrial Code (12 NYCRR) § 23-1.13(b)(3) and (4). The Supreme Court granted plaintiffs' motion, dismissed appellants' indemnification and contribution claims against Michael Mazzeo Electric Corp., and granted W5 Group LLC d/b/a Waldorf Demolition's cross-motion. The Appellate Division modified the order, denying Waldorf's cross-motion as untimely, and otherwise affirmed the Supreme Court's decision.

Labor Law § 241(6)Industrial Code § 23-1.13Summary JudgmentPersonal InjuryConstruction AccidentElectrocutionSafety HarnessBX CableNondelegable DutyIndemnification
References
10
Case No. 2022 NY Slip Op 07031 [212 AD3d 107]
Regular Panel Decision
Dec 13, 2022

Ladd v. Thor 680 Madison Ave LLC

Plaintiff Kenneth Ladd was injured in 2013 when an emergency hatch door in a construction hoist closed on his head while he was working at 680 Madison Avenue, Manhattan. He initiated an action against the property owners and the hoist installer, alleging violations under Labor Law §§ 200, 240 (1), and 241 (6), along with common-law negligence. The Supreme Court granted Ladd partial summary judgment on his Labor Law § 240 (1) claim, determining that he was exposed to an elevation-related risk due to the defendants' failure to provide adequate safety devices. The Supreme Court, however, dismissed his other claims. The Appellate Division affirmed the Supreme Court's order, concluding that the hoist was an inadequate safety device as its emergency hatch door lacked a mechanism to prevent sudden closure, leading to an elevation-related injury.

Construction AccidentLabor Law § 240 (1)Elevation-Related RiskSafety Device FailureHoist Emergency HatchSummary JudgmentAppellate ReviewPersonal InjuryContributory NegligenceGravity-Related Injury
References
16
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