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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

Reyes v. Arco Wentworth Management Corp.

The plaintiff, German Reyes, was injured while employed by Grasskeepers Landscaping, Inc. on property owned by Ramapo Cirque Homeowners Association, Inc. and managed by Arco Wentworth Management Corporation. The injury occurred when his lawn mower entered a hole, causing it to tip and injure his leg. Reyes filed a lawsuit alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing both unsafe premises conditions and defective equipment due to the absence of an emergency shut-off switch. Ramapo moved for summary judgment, arguing it lacked supervisory control over the work and that the work was routine maintenance, thus falling outside the scope of Labor Law § 241 (6). The court denied Ramapo's motion for summary judgment, determining that Ramapo failed to meet its prima facie burden regarding premises liability and that a triable issue of fact existed under Labor Law § 241 (6). The court also discussed the inadmissibility of the plaintiff's English-language affidavit without a qualified translator's affidavit, but noted that other admissible evidence, such as the translated deposition transcript, still raised sufficient issues of fact to defeat summary judgment. Arco's separate motion for summary judgment was denied as premature.

Workers' CompensationPremises LiabilityDangerous EquipmentSummary JudgmentLabor LawNotice RequirementSupervision and ControlConstruction SafetyExcavationOSHA Violations
References
45
Case No. 2019 NY Slip Op 04978
Regular Panel Decision
Jun 19, 2019

Robles v. Taconic Mgt. Co., LLC

Edilberto Robles, a laborer, sustained head injuries from a closing freight elevator door and commenced an action alleging violations of Labor Law §§ 200 and 241 (6) and common-law negligence against multiple entities involved in the building's management, operation, and his employment. The Supreme Court granted several motions for summary judgment. On appeal and cross-appeal, the Appellate Division modified the order. It denied summary judgment to Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, and Waldorf Carting Corporation on the Labor Law § 200 and common-law negligence claims, finding triable issues of fact regarding supervision and control and the alter ego defense. The court also denied summary judgment on indemnification claims against Collins Building Services, Inc., and Waldorf Carting Corporation. The dismissal of the Labor Law § 241 (6) claim against Taconic and Chelsea, and the dismissal of claims against Collins Building Services, Inc., and New York Elevator & Electrical Corporation were affirmed.

Personal injuryLabor Law § 200Labor Law § 241(6)Common-law negligenceSummary judgmentIndemnificationThird-party actionWorkers' Compensation LawAlter ego defensePremises liability
References
20
Case No. 2021 NY Slip Op 03819 [195 AD3d 510]
Regular Panel Decision
Jun 15, 2021

Sorge v. Sharp Mgt. Corp.

The Appellate Division, First Department, affirmed an order of the Supreme Court, Bronx County, which granted summary judgment to defendants Sharp Management Corporation, 2886 Briggs Realty LLC, and Steven Melowsky, dismissing the complaint against them. The court found the action barred by Workers' Compensation Law § 11. Defendants provided unrebutted evidence that Sharp Management Corporation and 2886 Briggs Realty LLC operated as an integrated entity with shared management and a common Workers' Compensation insurance policy that paid the plaintiff's claim. Despite plaintiff James Sorge's paychecks having been issued by StaffPro, the evidence established he was a special employee of Sharp/Briggs.

Workers' Compensation defensesummary judgmentspecial employee doctrineintegrated entity defensecorporate veilemployment law
References
3
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision

Kretowski v. Braender Condominium

Stanislaw Kretowski, a construction helper, was injured when a brick fell during hoisting at a building owned by Braender Condominium and managed by Rudd Realty Management Corp. He commenced an action against Braender, Rudd, and Brend Renovation Corporation, alleging violations of Labor Law §§ 240, 241, and 200, as well as common-law negligence. The court found that plaintiff established a prima facie case under Labor Law § 240(1) against the defendants. For Labor Law § 241(6), an issue of fact was raised regarding 12 NYCRR 23-6.1(d), but not for 12 NYCRR 23-6.3(a), leading to a partial denial and partial grant of Brend's summary judgment motion. Braender and Rudd were granted summary judgment on the Labor Law § 200 claim, and their cross-claim for contractual indemnification against Brend was properly granted.

Construction accidentLabor LawSummary judgmentHoisting equipmentFalling objectPrima facie caseContractual indemnificationProperty owner liabilityManagement company liabilityContractor liability
References
18
Case No. Bankruptcy No. 02-42736(ALG), Adversary No. 02-08090
Regular Panel Decision
Mar 31, 2005

In Re Deguevara

This case involves Carmela L. DeGuevara's adversary proceeding to discharge student loans managed by Educational Credit Management Corporation (ECMC) under the "undue hardship" provision of the Bankruptcy Code. The United States Bankruptcy Court for the Southern District of New York applied the three-part Brunner test. The Court found that DeGuevara, a 46-year-old immigrant supporting her elderly, sick mother, could not maintain a minimal standard of living due to her low income, medical conditions, and persistent unemployment challenges. It concluded that her financial distress was likely to continue and that she had made good faith efforts to repay her loans, thereby granting the discharge.

BankruptcyStudent LoansUndue HardshipBrunner TestDependent SupportFinancial DistressEmployment SearchMedical ConditionsDebtor RightsChapter 7
References
36
Case No. MISSING
Regular Panel Decision

Matter of Campbell v. Interstate Materials Corporation

The claimant, an operating manager for Interstate Materials Corporation, suffered injuries to his neck, back, and knees in August 2006 and a second lower back injury in April 2008. A Workers' Compensation Law Judge initially classified the claimant with a permanent total disability and struck the independent medical examiner's report. The Workers' Compensation Board reversed this, finding the IME report improperly precluded due to the examiner's hospitalization and reclassified the claimant with a permanent partial disability, equally apportioned between the two accidents. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in considering the IME report and that substantial evidence supported both the permanent partial disability classification and the equal apportionment of the disability.

Permanent Partial DisabilityPermanent Total DisabilityWorkers' Compensation BoardApportionment of DisabilityMedical EvidenceIndependent Medical Examination (IME)Cross-Examination RightsAbuse of DiscretionSubstantial EvidenceConflicting Medical Opinions
References
12
Case No. ADJ2724522 (SFO 0414295) ADJ3126122 (SFO 0422336)
Regular
Dec 24, 2008

JUANA BARRIENTOS vs. FRIEDKEN-BECKER MANAGEMENT CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the permanent disability indemnity rate. The Board affirmed the original award, including temporary disability, need for further medical treatment, and 86% permanent disability, rejecting the defendant's arguments regarding duplicative disabilities and lack of support for temporary disability. The permanent disability indemnity was corrected to $95,085.24 payable at $166.67 per week, with a life pension thereafter.

Workers' Compensation Appeals BoardFriedken-Becker Management CorporationCalifornia Insurance Guarantee AssociationFremont Indemnity Companyliquidationindustrial injuryleft upper extremitycervical spinepsychetemporary disability
References
1
Case No. Index No. 303087/12, 83924/12, 83996/12, 83739/13, 84015/15, 84057/15, 84072/15 Appeal No. 16728 Case No. 2020-04517
Regular Panel Decision
Nov 29, 2022

Rucinski v. More Restoration Co., Inc.

Plaintiff Zbigniew Rucinski, an employee of subcontractor Skylights By George Co., Inc., sustained a traumatic brain injury while working at a property owned by Kraus Management Inc. and managed by Franklin Kite Housing Development Fund Corporation. The defendants, Kraus Management and Franklin Kite, moved for summary judgment for contractual indemnification against Skylights and opposed Skylights's motion to dismiss common-law indemnification and contribution claims. The Supreme Court conditionally granted defendants' motion for contractual indemnification but granted Skylights's motion to dismiss the common-law claims. The Appellate Division reversed this decision. It found that conflicting expert opinions on whether Rucinski suffered a 'grave injury' under Workers' Compensation Law § 11 created a triable issue of fact, thus precluding summary judgment for Skylights on the common-law claims. Furthermore, the Appellate Division determined that the defendants were entitled to unconditional summary judgment on their contractual indemnification claim against Skylights, as the contract did not require a finding of Skylights's negligence.

Appellate DivisionSummary JudgmentContractual IndemnificationCommon-Law IndemnificationContribution ClaimsWorkers' Compensation Law § 11Grave InjuryExpert WitnessTraumatic Brain InjurySubcontractor Liability
References
5
Case No. MISSING
Regular Panel Decision

Becker v. Churchville-Chili Central School District

Kathy Ormsby, a bus driver for Churchville-Chili Central School District, accused fellow driver David Becker of sexual harassment. Following an investigation by Assistant Superintendent Richard Castaldo, Becker was found guilty of creating a hostile work environment and reprimanded. Becker subsequently initiated a CPLR article 78 proceeding to challenge this finding and have the reprimand removed from his record. Justice Andrew V. Siracuse, presiding over the case, determined that Becker's conduct, while potentially annoying and persistent, lacked the sexual or gender-based content required to legally constitute sexual harassment under an objective standard. Consequently, the court granted Becker's petition, ruling that the District's disciplinary action was arbitrary and capricious, and ordered the removal of the reprimand.

Sexual HarassmentHostile Work EnvironmentCPLR Article 78Objective StandardSubjective ExperienceWorkplace ConductEmployee DisciplineUnwelcome AdvancesReprimandJudicial Review
References
7
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