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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Aug 24, 1990

Public Administrator v. Trump Village Construction Corp.

The plaintiff's decedent, an employee of subcontractor Crown Plastering Corp., suffered fatal injuries after falling from scaffolding during a renovation project. The court affirmed an order that granted partial summary judgment to the plaintiff Public Administrator regarding the liability of general contractor Charles Construction Corp. under Labor Law § 240 (1). It also affirmed partial summary judgment for property owner Trump Village Construction Corp. and lessee Manufacturers Hanover Trust Co. against Charles Construction Corp. for common-law indemnity, finding their liability vicarious. Charles Construction Corp.'s motion for summary judgment against subcontractor Crown Plastering Corp. was denied due to unresolved factual issues regarding comparative fault.

Summary JudgmentLabor Law § 240(1)Scaffolding AccidentWorker FallVicarious LiabilityCommon-Law IndemnityGeneral ContractorSubcontractor LiabilityProximate CauseAppellate Affirmation
References
11
Case No. MISSING
Regular Panel Decision
Jul 19, 2001

LaBarbera v. C. Volante Corp.

This action, brought under the Labor Management Relations Act and ERISA, sought recovery of delinquent pension fund contributions from October 1, 1993, to June 30, 1997. The court previously granted default judgment against C. Volante Corp. and C. Volante Trucking Corp. Plaintiffs, trustees of Local 282 Funds, moved for summary judgment against the remaining defendant, Vital Trucking Corp. The court found C. Volante Corp. liable for contributions based on its course of conduct, adopting collective bargaining agreements. C. Volante Trucking Corp. was found jointly liable under the 'single employer' theory due to shared operations, management, and ownership with C. Volante Corp. Vital Trucking Corp. was found jointly and severally liable under the 'alter ego' theory, as it was formed shortly after Volante/Trucking ceased operations, sharing substantially identical business purpose, equipment, customers, and management with the Volante family, indicating an attempt to avoid CBA obligations. The court denied Vital's motion for summary judgment and granted plaintiffs' motion, adopting the Magistrate Judge's recommendation for damages.

Labor Management Relations ActEmployee Retirement Income Security ActPension Fund ContributionsDelinquent ContributionsSummary JudgmentDefault JudgmentSingle Employer DoctrineAlter Ego DoctrineCollective Bargaining AgreementUnion Labor
References
16
Case No. MISSING
Regular Panel Decision

General Motors Corp. v. Gibson Chemical & Oil Corp.

Plaintiff General Motors Corp. ("GM") obtained a preliminary injunction against defendants Roth and Gibson Chemical & Oil Corp. for trademark infringement related to "Dexron" automatic transmission fluid. Subsequently, defendants moved the court to permit them to repackage and sell the impounded, allegedly infringing goods, or alternatively, to have GM remove the goods from their warehouse, citing health and safety hazards. GM opposed these motions and filed a cross-motion seeking an order holding defendants in contempt for violating the preliminary injunction by distributing a brochure displaying the "Dexron" mark at a trade show. The Court denied defendants' motions to repackage, sell, or remove the goods. While finding defendants technically in civil contempt for the brochure distribution, the Court decided against immediate sanctions, noting the violation appeared inadvertent and GM had not yet demonstrated actual damages, but ordered defendants to provide an accounting and allowed GM to present proof of damages at trial.

Trademark InfringementPreliminary InjunctionContempt of CourtCivil ContemptRepackaging of GoodsImpoundment OrderAdvertising ViolationCompensatory DamagesSanctionsTrade Show Brochure
References
10
Case No. MISSING
Regular Panel Decision

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

The case involves a breach of contract action filed by General Textile Printing & Processing Corp. (GTP), a Connecticut corporation with offices in New York City, against Expromtorg International Corp. and its president, Guennadi Razouvaev, both Michigan residents. The defendants moved to stay the litigation in favor of arbitration, citing an arbitration clause in the original sales notes (OSN), and also sought to dismiss claims against Razouvaev for lack of personal jurisdiction. Plaintiff GTP opposed these motions and filed a cross-motion to stay arbitration, arguing that a later, unsigned settlement stipulation had supplanted the arbitration agreement and that defendants had waived their right to arbitrate through litigation. The Court denied the motion to dismiss Razouvaev, finding a prima facie case for piercing the corporate veil based on alleged fraudulent conduct. Ultimately, the Court denied GTP's cross-motion, ruling that the arbitration agreement in the OSN remained effective and that no waiver of arbitration had occurred, thus granting defendants' motion to stay the entire action pending arbitration.

Breach of ContractArbitrationPersonal JurisdictionCorporate Veil PiercingWaiver of ArbitrationDiversity JurisdictionFederal Arbitration ActSales NotesSettlement StipulationAlter Ego Doctrine
References
50
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. 2018 NY Slip Op 08009
Regular Panel Decision
Nov 21, 2018

Giannas v. 100 3rd Ave. Corp.

The plaintiff, Ioannis Giannas, allegedly sustained personal injuries while working on a renovation project, claiming he fell from a scaffold that shifted. He sued alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court denied plaintiff's motion for summary judgment on the Labor Law § 240 (1) cause of action against 100 3rd Avenue Corp. and JF Contracting Corp., and granted JF's motion to dismiss the complaint against it. The Supreme Court also denied Rockledge Scaffolding Corp.'s motion to dismiss the common-law negligence claim against it and its contractual indemnification cross-claim against JF. The Appellate Division affirmed the Supreme Court's order, finding a triable issue of fact regarding the accident's cause for the Labor Law § 240 (1) claim, and concluding that JF lacked the requisite supervisory control for Labor Law liability. The court further affirmed the denial of Rockledge's motions due to a triable issue of fact concerning negligent scaffold installation, which precluded summary judgment on both the common-law negligence claim and the contractual indemnification cross-claim.

scaffolding accidentpersonal injuryLabor Law § 240(1)common-law negligencecontractual indemnificationconstruction manager liabilitysummary judgmenttriable issue of factagencysupervisory control
References
13
Case No. MISSING
Regular Panel Decision

People v. 14 West Garment Factory Corp.

This case concerns a special proceeding initiated by Eliot Spitzer, Attorney General of the State of New York, seeking injunctive relief against apparel manufacturers and contractors, 14 West Garment Factory Corp. and Ding and Mag Fashion, Inc. The petitioner alleged that the respondents were producing and selling 'hot goods' in violation of Labor Law articles 6 and 19, pertaining to wage payment and minimum wage. The court had previously issued a temporary restraining order, and the current opinion addresses the petitioner's motion for a preliminary injunction and 14 West's cross-motion to dismiss. Justice Alice Schlesinger granted the preliminary injunction and denied the motion to dismiss, affirming the strict liability of manufacturers and contractors under the 'hot goods' law, distinct from retailers who have a good-faith exception. The court emphasized the remedial purpose of the statute to protect workers from underpayment and to prevent illicit profits from illegal labor.

Injunctive ReliefLabor Law ViolationsHot GoodsWage TheftMinimum WageApparel IndustryStrict LiabilityStatutory InterpretationConstitutional LawRegulatory Enforcement
References
4
Case No. 2019 NY Slip Op 04681
Regular Panel Decision
Jun 12, 2019

Fidler v. Gordon-Herricks Corp.

The Appellate Division, Second Department, reviewed an order from the Supreme Court, Nassau County, concerning a personal injury action filed by Robert Fidler against Gordon-Herricks Corp. and F. Pinheiro Contractor Corp. Fidler appealed the Supreme Court's grant of summary judgment to defendant F. Pinheiro Contractor Corp. The Supreme Court had previously granted summary judgment to other defendants, citing the "law of the case" doctrine for Pinheiro. The Appellate Division found the "law of the case" doctrine inapplicable to Pinheiro, as the prior dismissals were based on grounds specific to the other defendants. Nevertheless, the Appellate Division affirmed the dismissal of the complaint against Pinheiro, concluding that Pinheiro, as a third-party contractor, owed no duty to the plaintiff and did not "launch a force or instrument of harm."

Personal InjurySummary JudgmentAppellate DivisionLaw of the Case DoctrineThird-Party ContractorPremises LiabilityDuty (Tort Law)Workers' CompensationNassau CountyLoading Dock Ramp
References
11
Case No. MISSING
Regular Panel Decision

Pierre v. Crown Fire Protection Corp.

This case involves appeals by Crown Fire Protection Corp. and PEM All Fire Extinguisher Corp. from a Supreme Court order denying their motions for summary judgment to dismiss a wrongful death complaint asserted against them. The New York City Transit Authority also cross-appealed the denial of its motion for summary judgment seeking to dismiss third-party complaints filed against it. The appellate court dismissed the appeals of Crown and PEM as withdrawn. Furthermore, the order was modified to grant the Transit Authority's cross-motion for summary judgment, thereby dismissing the third-party complaint of Crown Fire Protection Corp. The court determined that Crown's work, which involved delivery and installation of fire extinguisher devices, did not fall under the categories described in General Obligations Law § 5-322.1. Finally, the decision clarified that a recent amendment to Workers' Compensation Law § 11, which limits third-party suits against employers, would not be applied retroactively to pending actions.

Wrongful Death DamagesSummary Judgment DenialThird-Party IndemnificationGeneral Obligations Law ViolationsWorkers' Compensation AmendmentsStatutory Non-RetroactivityContractual IndemnityConstruction vs. InstallationAppellate ModificationDismissal of Appeals
References
3
Case No. 2017 NY Slip Op 00959 [147 AD3d 815]
Regular Panel Decision
Feb 08, 2017

Gonsalves v. 35 W. 54 Realty Corp.

The plaintiffs, Andrew Gonsalves and Shahazad M. Rasheed, sustained personal injuries at a construction site managed by Geiger Construction Company, Inc. and owned by 35 W. 54 Realty Corp. when a parapet wall collapsed during the lowering of a power washer. They sued 35 W. 54 Realty Corp. and Perimeter Bridge & Scaffold Co. for Labor Law violations. 35 W. 54 Realty Corp. then initiated third-party actions against Geiger Construction for contribution and common-law indemnification. After a jury found Geiger Construction negligent, the Supreme Court denied Geiger Construction's motions for judgment as a matter of law. The Appellate Division, Second Department, reversed these judgments, concluding that there was no rational basis for the jury to find Geiger Construction negligent, as 35 W. 54 Realty Corp. failed to establish a prima facie case of negligence against them. Consequently, the third-party causes of action against Geiger Construction were dismissed.

Personal InjuryConstruction AccidentLabor LawNegligenceContributionIndemnificationThird-Party ActionAppellate ReviewJudgment as a Matter of LawJury Verdict
References
7
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