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

Case No. 2019 NY Slip Op 01469
Regular Panel Decision
Feb 28, 2019

Guthorn v. Village of Saranac Lake

In this appeal, Robert Guthorn, an injured project manager, and his wife sued the Village of Saranac Lake alleging Labor Law violations. The Village, acting as a third-party plaintiff, sought contractual indemnification from Kilby & Gannon Construction Services, LLC, Guthorn's employer and a subcontractor. The core legal dispute revolved around the retroactive enforceability of an indemnification clause within a subcontractor agreement (AIA agreement) that was executed by Kilby & Gannon after Guthorn's accident but was backdated to an earlier date. Supreme Court denied the Village's cross-motion for summary judgment, citing a question of fact regarding whether the parties intended the agreement to apply retroactively. The Appellate Division, Third Department, affirmed this decision, concluding that material issues of fact precluded summary judgment on the contractual indemnification claim.

Contractual IndemnificationRetroactive AgreementSummary JudgmentLabor Law ViolationsSubcontractor AgreementThird-Party ActionConstruction AccidentAppellate ReviewQuestion of FactIndemnification Clause
References
10
Case No. 2018 NY Slip Op 00128 [157 AD3d 656]
Regular Panel Decision
Jan 10, 2018

DeBlasi v. City of New York

In this action, Joseph DeBlasi and his wife sought damages for personal injuries after Mr. DeBlasi tripped on a cracked sidewalk. They sued the City of New York, property owner John S. Gannone, and contractor Winrock Plumbing, Inc. After a $35,000 settlement with the City was agreed upon by attorneys, the plaintiffs attempted to renege due to a worker's compensation lien, leading the City to move for enforcement. The Supreme Court initially denied the City's motion and granted summary judgment dismissing the complaint against Gannone and Winrock. On appeal, the Appellate Division, Second Department, modified the order, granting the City's motion to enforce the settlement, and affirmed the dismissal of the complaint against Gannone and Winrock.

Personal InjurySidewalk DefectTrip and FallPremises LiabilityMunicipal LiabilityProperty Owner ExemptionSummary Judgment MotionStipulation of Settlement EnforcementAppellate ReviewContractor Liability
References
15
Case No. ADJ9635847
Regular
Oct 07, 2016

GANNON MASZK vs. CITY OF CARLSBAD

This case involves a workers' compensation claim for a hiatal hernia, GERD, and Barrett's Esophagus. The defendant sought to apportion the applicant's permanent disability, arguing that the presumed industrial cause of the hernia did not extend to subsequent GERD complications. However, the Appeals Board denied reconsideration, finding that the medical examiner's apportionment was not based on the *cause of the permanent disability*, but rather on the *cause of the injury*. Therefore, in the absence of legally sufficient apportionment, the applicant was awarded unapportioned permanent disability.

WCABGannon MaszkCity of CarlsbadKeenan AssociatesADJ9635847Petition for ReconsiderationFindings and Awardcumulative traumahiatal herniaGERD
References
2
Case No. MISSING
Regular Panel Decision
Feb 24, 1997

Gannon v. JWP Forest Electric Corp.

Plaintiff George Gannon sued Forest Electric Corp. for negligence after falling over an electrical cable allegedly installed by defendant's employee, Fischer, at 90 Park Avenue. Defendant moved for summary judgment, arguing that Fischer and Lewis, another employee, were "special employees" of SWI (Sterling Winthrop Industries), which would bar plaintiff's claims under Workers' Compensation Law § 29 (6). The motion court initially denied the motion, but the appellate court reversed this decision. The appellate court found that Lewis and Fischer were indeed special employees of SWI due to SWI's exclusive control over their work, making SWI their de facto employer for workers' compensation purposes. Consequently, plaintiff's action was barred as he had already accepted workers’ compensation benefits.

Special EmploymentWorkers' Compensation LawSummary JudgmentNegligence ClaimEmployer ControlVicarious LiabilityLabor LawAppellate ReversalNew York LawPremises Liability
References
10
Case No. 2022 NY Slip Op 06050 [209 AD3d 1233]
Regular Panel Decision
Oct 27, 2022

Contractors Compensation Trust v. $49.99 Sewer Man, Inc.

Contractors Compensation Trust, a self-insured trust providing workers' compensation coverage, sued member Thos. H. Gannon & Sons, Inc. for unpaid deficit assessments. The defendant sought summary judgment, claiming the action was barred by a six-year statute of limitations, arguing the claim accrued upon the approval of the deficit assessment. Supreme Court partially denied the defendant's motion and granted the plaintiff's cross-motion for summary judgment. The Appellate Division affirmed, ruling that the cause of action accrued when the defendant failed to make payments according to the established payment plan on March 3, 2014, rather than the earlier assessment approval date. Consequently, the Appellate Division concluded that the action, initiated in December 2019, was timely.

Workers' Compensation LawSelf-Insured TrustStatute of LimitationsBreach of ContractDeficit AssessmentPro Rata PaymentAccrual DateSummary JudgmentAppellate ReviewThird Department
References
9
Case No. MISSING
Regular Panel Decision
Jan 26, 1993

Gannone v. Wittman

The Supreme Court, New York County, affirmed an order denying the defendant's motion to dismiss the complaint under CPLR 3211 (a) (7). The court concluded that the plaintiffs' claim under Business Corporation Law § 630 and the Collective Bargaining Agreement stated a cause of action. It was held that "termination of such services" under Business Corporation Law § 630 (a) refers to the termination of the employment relationship, making the action timely. Furthermore, the court found that the defendant's claim regarding limited liability incurred after July 20, 1990, could not be decided on a pre-answer motion due to insufficient evidence.

Motion to DismissBusiness Corporation LawCPLR 3211(a)(7)Employment RelationshipTimeliness of ActionLiability LimitationCollective Bargaining AgreementCorporate LawCivil ProcedureAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Gannon v. All Car Movers, Ltd.

The plaintiff suffered personal injuries after slipping on an ice patch on the steps of a building. The building was owned by Abbey Island Park, Inc., leased to Apex Transportation Corp., and subleased to All Car Movers, Ltd. Abbey Island Park, Inc. appealed an interlocutory judgment finding it liable, arguing insufficient evidence of its control over the premises or notice of the ice. The appellate court affirmed the judgment, concluding that the jury could rationally find the lessor retained control due to a lack of documentary evidence transferring maintenance duties and its own continued grass mowing. Furthermore, the court found the jury could reasonably infer the lessor had notice of the ice patch, which likely formed from a snowstorm six days prior to the accident, despite minor precipitation the day before.

Premises LiabilitySlip and FallIce AccumulationLessor ControlConstructive NoticeJury Verdict SufficiencyAppellate AffirmationPersonal InjuryReal Property LawNassau County
References
9
Case No. MISSING
Regular Panel Decision

O'Connor v. City of New York

The case concerns whether the City of New York can be held liable for its inspector's failure to detect a gas leak that caused a fatal explosion. Despite a city inspector issuing a "blue card" certifying conformity to regulations, a subsequent gas leak from an uncapped pipe and lack of a shut-off valve led to an explosion, killing 12 people. The City was found liable in two trials. However, the Court of Appeals reversed, holding that a municipality cannot be held liable for failure to enforce a statute or regulation without a "special relationship" between the injured parties and the municipality, which was not established in this instance. The court emphasized that general welfare regulations do not create a duty to individuals, and extending such liability would pose a crushing financial burden on municipalities.

Municipal LiabilitySpecial Relationship DoctrineGovernment ImmunityNegligence of InspectorGas ExplosionBuilding Code ViolationsFailure to Enforce RegulationsTort LiabilityPublic WelfareAppellate Review
References
12
Case No. MISSING
Regular Panel Decision

Claim of Gannon v. New York State Department of Taxation & Finance

The claimant, a seasonal auditor, sought workers' compensation benefits due to alleged exposure to paint fumes, pesticides, and other airborne toxins at her workplace in Albany, resulting in symptoms like dizziness, heart palpitations, and later, upper airway irritation and liver damage. The Workers' Compensation Board ruled she suffered an accidental injury from paint fume exposure in September 1992 but found no continuing causally related disability. Medical experts testified that the claimant's symptoms were primarily manifestations of an anxiety disorder, not environmental contaminants, and that any effects from paint fumes would be short-lived. The decision of the Workers’ Compensation Board was affirmed, as there was substantial evidence to support the conclusion that the claimant did not suffer from any continuing disability attributable to the accident or other alleged exposures.

Workers' CompensationCausally Related DisabilityEnvironmental ContaminantsPaint Fumes ExposureAnxiety DisorderPsychiatric SymptomsLiver DamageMedical Expert TestimonySubstantial EvidenceAppellate Review
References
7
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