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

Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers, Local 17 v. Union Concrete & Construction Corp.

Plaintiff International Union of Operating Engineers, Local 17, AFL-CIO ("Local 17") filed a grievance against Union Concrete and Construction Corporation ("UCC") to compel arbitration regarding UCC's emergency snow removal work for Erie County in November 2014, alleging violations of their Collective Bargaining Agreement (CBA). UCC argued the work was not covered by the CBA's "Heavy and/or Highway Construction" definition, rendering the arbitration clause inapplicable. Magistrate Judge Jeremiah J. McCarthy issued a Report and Recommendation to grant UCC's motion for summary judgment and deny Local 17's. United States District Judge Richard J. Arcara conducted a de novo review and adopted the Magistrate Judge's findings in their entirety, concluding that the emergency snow removal work did not constitute "Heavy and/or Highway Construction" under the CBA. Consequently, Local 17’s motion for summary judgment to compel arbitration was denied, and UCC’s motion for summary judgment was granted, leading to the closure of the case.

Labor Management Relations ActCollective Bargaining AgreementArbitrabilitySummary JudgmentContract InterpretationEmergency Snow RemovalHeavy ConstructionHighway ConstructionScope of Arbitration ClauseDe Novo Review
References
26
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

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
Case No. 2020 NY Slip Op 08012
Regular Panel Decision
Dec 29, 2020

Perez v. Masonry Servs., Inc.

This case, Perez v Masonry Services, Inc., concerns a lawsuit brought by Adrian Perez and others against Masonry Services, Inc. (MSI), Manuel J. Herrera, James Herrera, and Lettire Construction Corp. The plaintiffs alleged a breach of contract to pay prevailing wages, as mandated by the Davis-Bacon Act, for work on a federally financed construction project. The Supreme Court, New York County, found in favor of the plaintiffs, awarding them joint and several damages. The court also permitted Lettire Construction Corp. to assert alter ego and veil piercing claims against MSI, Manuel, and James. The Appellate Division, First Department, unanimously affirmed the Supreme Court's judgment, concluding that the record supported the finding that Manuel and James abused the corporate form to avoid wage payments and that joint and several liability was properly imposed.

Prevailing WageDavis-Bacon ActBreach of ContractAlter EgoVeil PiercingJoint and Several LiabilityConstruction ProjectCorporate Form AbusePayroll RecordsDamages Award
References
10
Case No. 2023 NY Slip Op 06267 [222 AD3d 676]
Regular Panel Decision
Dec 06, 2023

Rivas v. Purvis Holdings, LLC

Baltazar Rivas, a construction worker, and his wife sued Purvis Holdings, LLC, the owner and general contractor of a building, for personal injuries sustained from a ladder fall at a construction site in February 2015. Rivas, employed by third-party defendant All Island Masonry & Concrete, Inc., fell 8 to 10 feet from a wooden ladder between the 16th and 17th floors. The Supreme Court granted the defendants' motion for summary judgment on the Labor Law § 241 (6) claim and denied the plaintiffs' cross-motion for summary judgment on Labor Law § 240 (1) liability. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding a triable issue of fact regarding Labor Law § 240 (1) and no violation of Industrial Code 12 NYCRR 23-1.21 (b) (4) (ii) for the Labor Law § 241 (6) claim.

Construction AccidentLadder FallLabor Law § 240(1)Labor Law § 241(6)Summary JudgmentAppellate ReviewProximate CauseIndustrial Code ViolationSafety DevicesNondelegable Duty
References
14
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
Case No. 2016 NY Slip Op 01555
Regular Panel Decision
Mar 03, 2016

Lois v. Flintlock Construction Services, LLC

Plaintiff Jorge Lois, an employee of J&R Glassworks, Inc., sued Flintlock Construction Services, LLC and Bass Associates, LLC, after slipping and falling on a plastic tarp and broken concrete at a construction site. The defendants moved for summary judgment to dismiss Lois's Labor Law § 241 (6) claim and their contractual indemnification claim against J&R. The court denied both motions, finding issues of fact regarding Bass Associates' role as an owner, the defendants' responsibility for the hazardous condition, and the applicability of Industrial Code §§ 23-1.7 (e) (1) and (2). Additionally, J&R failed to demonstrate an absence of factual issues concerning its notice of the hazardous condition, thereby upholding the contractual indemnification claim against it.

Labor Law § 241 (6)Industrial Code § 23-1.7 (e)Summary JudgmentContractual IndemnificationConstruction AccidentSlip and FallThird-Party ActionOwner LiabilityGeneral Contractor LiabilityHazardous Condition
References
7
Case No. 2015 NY Slip Op 01643
Regular Panel Decision
Feb 25, 2015

Quality Building Construction, LLC v. Jagiello Construction Corp.

This case concerns an appeal in a proceeding to confirm an arbitration award and discharge a bond. Jagiello Construction Corp. appealed an order that denied its cross-petition to vacate an arbitration award, which Quality Building Construction, LLC sought to confirm. The Appellate Division, Second Department, affirmed the Supreme Court's order. The Court held that Jagiello failed to meet its "heavy burden" to establish grounds for vacatur under CPLR 7511(b)(1). It found that Jagiello had sufficient notice of the arbitration hearing and was not prejudiced by a scrivener's error in the demand for arbitration that misidentified the claimant.

ArbitrationAward ConfirmationVacaturCPLR Article 75Appellate PracticeDue ProcessNotice RequirementsScrivener's ErrorPublic Policy ExceptionArbitrator Authority
References
9
Case No. MISSING
Regular Panel Decision

Pereira v. A. D. Herman Construction Co.

This dissenting opinion addresses a case where a plaintiff, a carpenter employed by Mascedos Concrete Corporation, fell from scaffolding at a Stony Brook University construction site, managed by the general contractor A.D. Herman Construction Co., due to a broken timber brace. The judge argues against reversing summary judgment granted to the plaintiff, emphasizing that the general contractor is strictly liable under Labor Law § 240, irrespective of the plaintiff's participation in scaffold construction or any alleged contributory negligence. The opinion also supports the admissibility of expert testimony on Social Security benefits and deems the $325,000 jury verdict for the plaintiff's permanent injuries (shortened left leg, atrophy, pain) not excessive.

Scaffolding AccidentLabor Law § 240Absolute LiabilitySummary JudgmentContributory NegligenceComparative NegligenceWorker's InjuryConstruction Site AccidentDamages VerdictSocial Security Benefits
References
12
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