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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 23, 1995

Bombard v. Central Hudson Gas & Electric Co.

This case involves an appeal from an order granting summary judgment to defendants Central Hudson Gas & Electric Company and Mid-Hudson Auto Wreckers, Inc., thereby dismissing the plaintiff's complaint. The plaintiff, Bombard, had previously alleged a breach of common-law duty to provide a safe workplace and sought to amend the complaint to include a cause of action under Labor Law § 241 (6). The Appellate Division affirmed the lower court's decision, concluding that there was no new evidence to support Central Hudson's supervision or control over the plaintiff's work, a prerequisite for the safe workplace claim. Similarly, Mid-Hudson was found not to have exercised sufficient supervision, and the danger posed by power lines was deemed readily observable, negating a duty to protect from obvious hazards. Furthermore, the court denied the motion to amend the complaint, ruling that the work of removing cars from a junkyard did not fall within the scope of 'construction, excavation or demolition' as required by Labor Law § 241 (6).

Summary judgmentLabor LawWorkplace safetySupervision and controlObvious dangerAppellate reviewCommon-law dutyNegligenceStatutory interpretationJunkyard accident
References
10
Case No. ADJ9300876
Regular
Mar 30, 2017

CASEY MCCREADY vs. HUDSON FISK dba FISK TREE AND ESCAVATING SERVICE, ANYTIME LABOR LLC, A NEVADA LIMITED LIABILITY COMPANY dba LABOR MAX STAFFING

This case concerns a worker's compensation claim where the applicant, Casey McCready, was injured while rendering services. The employer, Hudson Fisk, and the labor provider, Anytime Labor LLC, sought to argue McCready was an independent contractor. The Workers' Compensation Appeals Board denied their petition for reconsideration, upholding the administrative law judge's decision. The Board found that the employer failed to overcome the statutory presumption of employment and that the judge's credibility determinations were entitled to great weight. Therefore, McCready is presumed to have been an employee at the time of his injury.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENYINGstatutory presumptionemployeeindependent contractorburden of proofpreponderance of evidencecredibility determinationsWCJ
References
3
Case No. 2023 NY Slip Op 01737
Regular Panel Decision
Mar 30, 2023

Balbuena v. 395 Hudson N.Y., LLC

Plaintiff Celsa Balbuena tripped and fell on uneven Masonite boards at a building owned by 395 Hudson New York, LLC, where MBI Group was performing renovation work and had placed the boards. Plaintiff, a cleaner employed by Collins Building Services, Inc., sustained injuries. The court denied MBI's motion for summary judgment on Labor Law § 200 and common-law negligence claims, finding MBI failed to show it did not create the dangerous condition. Hudson's motion for summary judgment on Labor Law § 200 and common-law negligence claims was denied because it failed to prove lack of actual or constructive notice. The Labor Law § 241 (6) claim was dismissed against both MBI and Hudson, as plaintiff was not deemed a protected worker under the statute, and the boards were considered an integral part of construction, not a tripping hazard under Industrial Code § 23-1.7 (e) (1). The Appellate Division modified the lower court's order, reinstating claims against Hudson and remanding for further determination on Hudson's cross-claims and third-party claims.

Labor Law § 200Labor Law § 241(6)Common-law negligenceSummary judgmentPremises liabilityDefective conditionConstruction site accidentNotice of hazardWorker protectionAppellate review
References
7
Case No. 2019 NY Slip Op 05619 [174 AD3d 1112]
Regular Panel Decision
Jul 11, 2019

Matter of Board of Educ. of The Hudson City Sch. Dist. (Civil Serv. Employees Assn., Local 1000, AFSCME, AFL-CIO, Columbia County, Local 811, Hudson City Sch. Dist. Aides Unit)

This case involves an appeal by the Board of Education of the Hudson City School District (petitioner) from an order and judgment denying its application to permanently stay arbitration. The dispute arose after modifications to prescription drug benefits in a collective bargaining agreement between the District and the Civil Service Employees Association (Union), leading to a grievance filed by Union representatives concerning retiree benefits. The District denied the grievance, arguing untimeliness and lack of Union representation for retirees. The Supreme Court found the matter arbitrable, dismissing the petition. The Appellate Division affirmed this decision, concluding that the broad arbitration clause in the collective bargaining agreement created a reasonable relationship between the dispute and the CBA, making the issue arbitrable.

Collective Bargaining AgreementArbitration DisputeGrievance ProcedurePrescription Drug BenefitsRetiree BenefitsArbitrabilityContract InterpretationLabor LawPublic Sector EmploymentSchool District
References
6
Case No. 2025 NY Slip Op 03249
Regular Panel Decision
May 29, 2025

Hartford Fire Ins. Co. v. Hudson Excess Ins. Co.

This declaratory judgment action addresses an insurance coverage dispute stemming from an underlying personal injury claim. Plaintiffs Hartford Fire Insurance Company and Mayer Malbin Realty I, LLC sought defense and indemnity from Hudson Excess Insurance Company for an injury sustained by a worker at a construction site. Although aware of potential coverage in October 2017, plaintiffs did not tender notice to Hudson until May 2020. Hudson subsequently disclaimed coverage due to this significant delay. The Supreme Court initially granted plaintiffs' motion for summary judgment, but the Appellate Division, First Department, unanimously reversed this decision. The appellate court ruled that plaintiffs failed to meet their burden of showing Hudson was not prejudiced by the late notice, which hindered Hudson's ability to conduct a timely investigation.

Insurance CoverageDisclaimer of CoverageLate NoticePrejudice DefenseAdditional InsuredSummary Judgment ReversalAppellate ReviewPersonal Injury ActionConstruction Site AccidentSubcontractor Liability
References
4
Case No. MISSING
Regular Panel Decision

Mid Hudson Pam Corp. v. Hartnett

Petitioners Mid Hudson Pam Corporation and Whitaft Corporation sought CPLR article 78 review of two determinations by the Commissioner of Labor. The Commissioner found that Whitaft, as a subcontractor, and Mid Hudson, as a general contractor, willfully failed to pay required prevailing wages and supplements on a public works project with Marlboro Central School District. An investigation revealed inadequate payroll records, underpayments, and misrepresentation of 'taxable adjustment column' (TAC) payments, which were used for benefits like vacation/sick pay, not prevailing wages. The Commissioner ordered Mid Hudson to pay $3,097.56 in wages, $851.82 interest, and a $764.38 penalty, and Whitaft to pay $31,012.97 in wages, $7,759.52 interest, and a $6,205.59 penalty. The court confirmed the Commissioner's findings, concluding that substantial evidence supported the determinations, including the willfulness of the violations, and dismissed the petitions.

Public WorksPrevailing Wage LawWage UnderpaymentPayroll Record KeepingWillful ViolationAdministrative ReviewCivil PenaltiesDebarmentSubcontractor LiabilityGeneral Contractor Liability
References
11
Case No. 2017 NY Slip Op 08879 [156 AD3d 851]
Regular Panel Decision
Dec 20, 2017

Zebzda v. Hudson Street, LLC

The plaintiff, a construction worker, sued Hudson Street, LLC and Cogswell Realty Group, LLC for personal injuries, alleging he slipped on water and fell due to a lack of a handrail in a building being converted into condominiums. The Supreme Court granted the defendants' motion for judgment as a matter of law at the close of the plaintiff's case, effectively dismissing the complaint. The Appellate Division affirmed the judgment, concluding that the plaintiff failed to provide evidence that Hudson Street, LLC owned or controlled the premises and failed to offer evidence regarding Cogswell Realty Group, LLC's actual responsibilities. The court also rejected the plaintiff's argument that the prior denial of the defendants' motion for summary judgment precluded dismissal at trial.

Personal InjuryConstruction AccidentPremises LiabilityNegligenceJudgment as a Matter of LawCPLR 4401Appellate ReviewProperty ControlEvidentiary BurdenSummary Judgment Preclusion
References
10
Case No. 2022 NY Slip Op 03704 [206 AD3d 445]
Regular Panel Decision
Jun 07, 2022

Zherka v. Hudson Meridian Constr. Group LLC

In Zherka v Hudson Meridian Construction Group LLC, the Appellate Division, First Department, modified a Supreme Court order, which had granted plaintiff Ilir Zherka summary judgment on liability for Labor Law §§ 240 (1), 200, and common-law negligence claims. The plaintiff was injured when a beam fell due to a lack of safety devices. The Appellate Division affirmed summary judgment solely for the Labor Law § 240 (1) claim, finding no merit to the defendant's 'recalcitrant worker' defense given the absence of adequate safety devices. However, the court denied summary judgment for the Labor Law § 200 and common-law negligence claims, determining that the plaintiff's injuries arose from the manner of work, not a dangerous premises condition, and that the plaintiff failed to establish the general contractor, Hudson Meridian, supervised the workers beyond general supervisory authority.

Summary JudgmentLabor Law § 240(1)Labor Law § 200Common-law NegligenceAppellate DivisionConstruction AccidentFalling ObjectSafety DevicesRecalcitrant Worker DefenseProximate Cause
References
7
Case No. 2004 NY Slip Op 24048 [3 Misc 3d 347]
Regular Panel Decision
Feb 25, 2004

Johnson v. Hudson Riv. Constr. Co., Inc.

This case addresses motions for summary judgment filed by defendants Hudson River Construction Co., Inc., Albany Asphalt & Aggregates Corp., and Robert C. Higley. The plaintiff, Carlynann V. Johnson, individually and as administratrix of the estate of Warren D. Johnson, sought damages for the death of Warren D. Johnson, who was crushed by a truck at a construction site. Defendants argued that Vehicle and Traffic Law § 1103 limited their liability to reckless conduct, eliminating a duty of care. The court denied the motions, holding that defendants failed to demonstrate a lack of duty to Johnson as an employee at a construction site and misapplied VTL § 1103, which does not apply to construction workers. The court also found that the defendants failed to establish that Johnson was the sole proximate cause of his injuries.

Summary Judgment MotionNegligence ActionConstruction Site FatalityWorkplace Safety DutyVehicle and Traffic Law InterpretationProximate Cause DisputeThird-Party LiabilityWrongful Death ClaimEmployer ResponsibilityHighway Construction Accident
References
14
Case No. MISSING
Regular Panel Decision

Winn v. Hudson Valley Equine Center

A claimant, an equine veterinarian, appealed a Workers’ Compensation Board decision regarding an occupational disease affecting his right shoulder and wrist. The claimant developed these conditions from strenuous work at Hudson Valley Equine Center between 1982 and 1988, leading to surgery and a workers' compensation claim in 1988. The Workers’ Compensation Law Judge (WCLJ) found an occupational disease with a disability date of March 23, 1988, ruling the claim timely and estopping the carrier, Insurance Company of North America/CIGNA, from denying coverage. The Workers’ Compensation Board affirmed the WCLJ's findings. The employer and carrier appealed, contending the finding of an occupational disease lacked support and that the claim was time-barred. The appellate court affirmed the Board's decision, citing substantial medical evidence connecting the conditions to the claimant's occupation and upholding the Board's determination of the date of disablement and the carrier's estoppel.

Occupational DiseaseEquine VeterinarianShoulder InjuryWrist InjuryCarpal Tunnel SyndromeWorkers' Compensation LawDate of DisablementTimeliness of ClaimEstoppelInsurance Coverage
References
9
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