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

Case No. 2016 NY Slip Op 08007
Regular Panel Decision
Nov 29, 2016

Matter of Geo-Group Communications, Inc. v. Jaina Sys. Network, Inc.

This case concerns an appeal from an order of the Supreme Court, New York County, which denied a motion by Jaina Systems Network, Inc. to vacate an arbitrator's award and granted a petition by Geo-Group Communications, Inc. to confirm the award. The Appellate Division, First Department, affirmed the judgment, deeming the appeal from the order as an appeal from the subsequent judgment. The court determined that CPLR article 75, New York law, was applicable to the dispute as per the parties' contract, not the Federal Arbitration Act. It was found that Jaina failed to demonstrate any grounds for vacating the award under CPLR 7511 (b), emphasizing the limited scope of judicial review for arbitration awards. The court also upheld the arbitrator's reliance on an email acknowledging debt, concluding it was not part of settlement negotiations and thus admissible.

Arbitration AwardAppellate ReviewContract LawCPLR Article 75Vacatur of AwardConfirmation of AwardDebt AcknowledgmentSettlement NegotiationsJudicial DeferenceCommercial Dispute
References
5
Case No. 2019 NY Slip Op 05955 [174 AD3d 850]
Regular Panel Decision
Jul 31, 2019

Davies v. Simon Prop. Group, Inc.

The plaintiff, Gerald Davies, was injured while pushing a cart of concrete over a plywood sheet that covered a hole at a construction site. He initiated an action against the premises operator, Simon Property Group, Inc., the general contractor, E.W. Howell Co., LLC, and the sidewalk removal company, Ruttura & Sons Construction Co., Inc., alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). E.W. Howell Co., LLC also filed a third-party action against Allstate Interior Demolition Corporation, the plaintiff's employer, seeking contractual indemnification. The Supreme Court's initial order, which partially granted and denied various summary judgment motions, was subject to appeals and cross-appeals. The Appellate Division ultimately reversed the order in part, granting Ruttura & Sons Construction Co., Inc.'s motion for summary judgment on the Labor Law § 200 and common-law negligence claims, and denying Simon Property Group, Inc. and E.W. Howell Co., LLC.'s motion to dismiss the Labor Law §§ 240 (1) and 241 (6) causes of action. The Appellate Division affirmed the denial of Simon Property Group, Inc. and E.W. Howell Co., LLC.'s motion concerning Labor Law § 200, common-law negligence, and contractual indemnification.

Personal InjuryConstruction AccidentLabor LawPremises LiabilitySummary JudgmentContractual IndemnificationElevation DifferentialScaffold LawIndustrial CodeSafe Work Environment
References
15
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. 2024 NY Slip Op 02032 [228 AD3d 20]
Regular Panel Decision
Apr 17, 2024

Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc.

The Appellate Division, Second Department, affirmed an order denying dismissal of a lawsuit filed by Air-Sea Packing Group, Inc. against Applied Underwriters, Inc. and its affiliates. The plaintiff alleged that the defendants marketed and sold an unlawful workers' compensation insurance program, EquityComp, in violation of New York Insurance Law. The defendants attempted to enforce a forum selection clause mandating litigation in Nebraska, but the court found this clause unenforceable. This decision was based on public policy, as the program violated New York law, and because Nebraska courts had previously deemed New York the more appropriate forum for such disputes. The ruling allows the plaintiff to pursue claims for declaratory relief, equitable rescission, common-law fraud, and violation of General Business Law § 349 in New York.

Workers' Compensation InsuranceForum Selection ClausePublic PolicyInsurance Law ViolationsEquitable RescissionCommon-Law FraudDeceptive PracticesGeneral Business Law § 349Unlawful Reinsurance AgreementRegulatory Oversight
References
52
Case No. 2023 NY Slip Op 02549 [216 AD3d 833]
Regular Panel Decision
May 10, 2023

Santiago v. Hanley Group, Inc.

David Santiago, a construction worker, was allegedly injured after falling from a roof while performing construction work. He and his wife initiated a lawsuit against the general contractor, Hanley Group, Inc., asserting, among other claims, a violation of Labor Law § 240 (1) for failure to provide adequate safety devices. The Supreme Court, Westchester County, granted the plaintiffs' motion for summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action against Hanley Group, Inc. Hanley Group, Inc. appealed, contending that it had complied with its statutory duty or that Santiago's conduct was the sole proximate cause of his injuries, or that he was a recalcitrant worker. The Appellate Division, Second Department, found that the defendant failed to raise a triable issue of fact on any of its contentions and therefore affirmed the lower court's order.

Personal InjuryLabor Law § 240 (1)Summary JudgmentAppellate ReviewConstruction AccidentFall from HeightRecalcitrant Worker DefenseSole Proximate CauseGeneral Contractor LiabilitySafety Devices
References
6
Case No. 2021 NY Slip Op 07006 [200 AD3d 891]
Regular Panel Decision
Dec 15, 2021

Norwood v. Simon Prop. Group, Inc.

The plaintiff, Victor Norwood, appealed an order from the Supreme Court, Nassau County, which granted summary judgment dismissing his personal injury complaint against Simon Property Group, Inc., AMC Entertainment, Inc., and AMC Lowes Roosevelt Field 8. The lawsuit stemmed from an altercation at a movie theater with a manager, Eric C. Adams. The Appellate Division affirmed the dismissal of the vicarious liability claim against Simon Property Group, Inc., but modified the order by denying summary judgment to AMC Entertainment, Inc. and AMC Lowes Roosevelt Field 8 on the vicarious liability claim. The court determined that a jury could find that the AMC defendants' employee, Eric C. Adams, was acting within the scope of his employment, despite using unauthorized force, thus making the issue of vicarious liability for the AMC defendants appropriate for trial.

Vicarious LiabilityScope of EmploymentSummary JudgmentPersonal InjuryEmployee MisconductAssault and BatteryNegligent HiringAppellate ReviewManager ResponsibilitiesSecurity Protocol
References
8
Case No. MISSING
Regular Panel Decision
Mar 30, 1981

Claim of Kosak v. Dana Group, Inc.

This case involves appeals from decisions of the Workers’ Compensation Board. The central issue was whether the claimant was an employee of Dana Group, Inc. The Board found an employer-employee relationship, citing payroll stubs and checks from Dana Group, Inc. to the claimant. Despite being advised, the employer did not appear at a subsequent hearing. The Workers’ Compensation Law Judge's decision regarding the employer-employee relationship was deemed proper. The appellate court affirmed these decisions, concluding they were supported by substantial evidence.

Workers' CompensationEmployer-Employee RelationshipPayroll EvidenceAppellate ReviewSubstantial EvidenceAdministrative ProceedingsConcurring OpinionBoard DecisionAppealClaimant
References
0
Case No. Docket # 7
Regular Panel Decision

Empire Enterprises JKB, Inc. v. Union City Contractors, Inc.

This case involves a breach of contract claim by Empire Enterprises JKB, Inc. against Union City Contractors, Inc. for unpaid debris removal services, and a Miller Act claim against Union City's sureties, Nova Casualty Company and Nova American Groups, Inc. After a bench trial in January 2008, Union City filed for bankruptcy, leading to an automatic stay on claims against them. The court, however, proceeded with Empire's Miller Act claim against Nova. The primary dispute concerned the quantity of debris removed, with Empire claiming 11,470 cubic yards. The court found Empire's evidence credible and rejected Nova's fraud defense, ultimately granting judgment in favor of Empire against Nova for $84,653.63, plus prejudgment interest.

Miller Act claimPayment bondBreach of contractSurety liabilityFederal public works projectDebris removalCubic yardage disputePrejudgment interestAttorney's fees deniedFraud affirmative defense
References
29
Case No. 2017 NY Slip Op 07574
Regular Panel Decision
Oct 31, 2017

Reaves v. Lakota Construction Group, Inc.

Plaintiff Duane Reaves commenced an action to recover for personal injuries sustained when he tripped over construction materials at his workplace. Defendants 214-27 Northern Boulevard, LLC, Bergon Construction Corp., and Lakota Construction Group, Inc. moved for summary judgment dismissing the complaint and cross claims against them. The Supreme Court denied these motions, and the Appellate Division unanimously affirmed the lower court's decision. Issues of fact remained regarding whether 214-27 Northern Boulevard, LLC was an alter ego of the plaintiff's employer, thereby precluding a Workers' Compensation Law defense. Furthermore, factual disputes existed concerning the contributions of Lakota Construction Group, Inc. and Bergon Construction Corp. to the dangerous condition, and whether the plaintiff was the sole proximate cause of his accident, presenting an issue of comparative negligence.

Personal InjuryConstruction AccidentSummary JudgmentWorkers' Compensation LawAlter Ego DoctrineComparative NegligencePremises LiabilityDangerous ConditionAppellate DivisionTripping Hazard
References
5
Case No. 2015 NY Slip Op 08399 [133 AD3d 733]
Regular Panel Decision
Nov 18, 2015

Podobedov v. East Coast Construction Group, Inc.

The plaintiff, Aleksey Podobedov, was injured on a construction site when struck by falling concrete while working for subcontractor IBK Enterprises, Inc. He sued the general contractor, East Coast Construction Group, Inc., and owner, Clinton West Partners, LLC, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants filed a third-party complaint against IBK for contractual indemnification. All parties moved for summary judgment, which the Supreme Court, Kings County, denied, finding triable issues of fact. The Appellate Division affirmed the Supreme Court's order, concluding that none of the parties had made a prima facie showing of entitlement to judgment as a matter of law regarding the Labor Law claims or the issue of contractual indemnification, thus requiring a jury determination.

Construction accidentpersonal injuryLabor Law § 240(1)falling objectsummary judgmentcontractual indemnificationAppellate Divisionprima facietriable issue of factsubcontractor liability
References
18
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