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

Case No. MISSING

Regular Panel Decision

Hennessy v. Cement & Concrete Worker's Union Local 18A, of the Laborer's International Union

Thomas J. Hennessy sued Cement and Concrete Worker’s Union Local 18A under ERISA, alleging wrongful denial of termination pay benefits. Local 18A moved for summary judgment, asserting the claim was barred by res judicata due to a prior state court action's dismissal on the merits. Hennessy cross-moved for a stay. The District Court granted Local 18A's summary judgment motion, dismissing Hennessy's complaint, finding the state court's dismissal constituted a final adjudication for res judicata purposes. The court denied Local 18A's request for attorney's fees and Hennessy's motion for a stay.

ERISA BenefitsRes JudicataSummary JudgmentTermination PayClaim PreclusionFederal JurisdictionState Court ActionAttorney's FeesLabor Union DisputePension Plan

References

Case No. MISSING

Regular Panel Decision

Paterson v. Hennessy

Plaintiff fell 12 feet from a plank while placing siding on a home, sustaining injuries. He was granted partial summary judgment against the general contractor, D & G Builders, Inc., for a violation of Labor Law § 240 (1). D & G Builders, Inc.'s arguments regarding inconclusive evidence and the 'recalcitrant worker' defense were deemed insufficient. The Supreme Court should have also granted D & G Builders, Inc.'s cross-motion for common-law indemnification against Plaintiff's employer, Patrick White, doing business as Patrick White Construction, as D & G Builders, Inc.'s liability was vicarious, with no proof of control or supervision over the siding work.

Labor Law ViolationScaffolding AccidentSummary JudgmentCommon-Law IndemnificationGeneral Contractor LiabilitySubcontractor LiabilityVicarious LiabilityConstruction Site AccidentWorker SafetyAppellate Review

References

Case No. MISSING

Regular Panel Decision

Curto v. Medical World Communications, Inc.

The case involves a plaintiff's lawsuit against her employer, Medical World Communications, Inc. (MWC), Romaine Pierson Publishers, and several individual defendants, alleging retaliation and gender discrimination in violation of New York State and City Human Rights Laws, as well as claims for slander and intentional infliction of emotional distress. The plaintiff claims she faced adverse employment actions, including termination, after reporting a co-worker's alleged sexual harassment by a supervisor. The court ruled on the defendants' motions to dismiss, denying dismissal for claims against Romaine Publishers, John J. Hennessy, and James Granato under the NYSHRL. However, the New York City Human Rights Law claims and the claim for intentional infliction of emotional distress were dismissed. All claims against Eugene Conselyea were also dismissed due to a lack of personal jurisdiction. Additionally, the slander claim against James King was partially denied, with some statements deemed actionable.

Employment DiscriminationWorkplace RetaliationSexual Harassment AllegationsMotion to DismissNew York Human Rights LawSlander Per SePersonal JurisdictionFederal Rules of Civil ProcedureHostile Work EnvironmentSufficiency of Pleading

References

Case No. 06-cv-01521

Regular Panel Decision

Nov 07, 2014

Kowalewski v. Deutsche Bank Trust Co. Americas

This case involves claims by Tadeusz Kowalewski and his wife, Beata Kowalewski, against numerous defendants for common law negligence and New York Labor Law violations. The claims stem from injuries Tadeusz allegedly sustained while performing post-9/11 abatement work in several buildings around the World Trade Center site. Defendants, including property owners, environmental consultants, and contractors, moved for summary judgment. The court granted dismissal for several defendants, including BMS, TIC, the City of New York, IET, and architectural firms WF Collins and Syska Hennessy. However, motions by Hillmann, DBTCA, Verizon, Liberty View, Weston, and Merrill Lynch were denied in part, allowing claims under Labor Law sections 200 and some under 241(6) to proceed based on triable issues of fact regarding supervisory control, premises liability, and specific Industrial Code violations related to structural damage and inadequate protective equipment during remediation efforts.

World Trade Center9/11 attacksasbestos abatementtoxic dust exposureNew York Labor Law Section 200New York Labor Law Section 241(6)summary judgmentpremises liabilityconstruction site safetypersonal protective equipment

References

Case No. MISSING

Regular Panel Decision

Aegis Insurance Services, Inc. v. Seven World Trade Center Co.

Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owner and developer of 7 World Trade Center, filed a third-party action seeking indemnification and contribution from various design and construction firms. These firms were involved in building emergency generator and fuel systems for both the City's Office of Emergency Management (OEM) and Citigroup within 7WTC, as well as providing engineering services directly to Silverstein. The court granted motions to dismiss brought by the OEM Design and Construction Defendants, citing immunity under the New York State Defense Emergency Act (SDEA). The Citigroup Design and Construction Defendants also had their motions to dismiss granted, as the court found they owed no duty of care to Silverstein and that Silverstein had assumed the associated risks through its lease agreement with Citigroup. Finally, the third-party complaints against Irwin Cantor and Syska & Hennessy, Inc., for direct engineering services, were dismissed without prejudice for failing to meet heightened pleading standards under McKinney’s CPLR Rule 3211(h).

Third-Party ActionMotions to DismissIndemnificationContributionNegligenceSDEA ImmunityCivil DefenseAssumption of RiskContractual PrivityArchitectural Liability

References

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Hennessy v. Cement & Concrete Worker's Union Local 18A, of the Laborer's International Union

ERISA BenefitsRes JudicataSummary JudgmentTermination PayClaim PreclusionFederal JurisdictionState Court ActionAttorney's FeesLabor Union DisputePension Plan

Paterson v. Hennessy

Curto v. Medical World Communications, Inc.

Kowalewski v. Deutsche Bank Trust Co. Americas

Aegis Insurance Services, Inc. v. Seven World Trade Center Co.

Third-Party ActionMotions to DismissIndemnificationContributionNegligenceSDEA ImmunityCivil DefenseAssumption of RiskContractual PrivityArchitectural Liability