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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 06638 [175 AD3d 1446]
Regular Panel Decision
Sep 18, 2019

Roblero v. Bais Ruchel High Sch., Inc.

The Appellate Division, Second Department, affirmed two Supreme Court orders in a personal injury action. Plaintiff Cristian Roblero, injured after falling from a scaffold while performing plumbing work for Bais Ruchel High School, Inc., was not provided with necessary safety devices. The Supreme Court granted Roblero summary judgment on liability under Labor Law § 240 (1) and denied Bais Ruchel's motions to dismiss Labor Law § 200 and common-law negligence claims, and for summary judgment on its third-party contractual indemnification claim against ADD Plumbing, Inc. The Appellate Division concluded that Roblero established a prima facie case for Labor Law § 240 (1) and Bais Ruchel failed to raise a triable issue of fact. Additionally, Bais Ruchel failed to establish it lacked supervisory authority for the Labor Law § 200/common-law negligence claims or its entitlement to indemnification.

Personal InjuryLabor Law § 240(1)Scaffold AccidentSummary JudgmentAppellate ReviewPremises LiabilityNondelegable DutyContractual IndemnificationThird-Party ActionConstruction Site Safety
References
20
Case No. 2014-1081 K C
Regular Panel Decision
Oct 05, 2016

High Quality Med. Supplies, Inc. v. Mercury Ins. Group

This case involves an appeal concerning assigned first-party no-fault benefits sought by High Quality Medical Supplies, Inc., as assignee of Charles Botwee. The defendant, Mercury Ins. Group, appealed an order from the Civil Court that denied its motion for summary judgment to dismiss the complaint. Mercury Ins. Group contended that billing for durable medical equipment not listed in a fee schedule is not compensable. However, the Appellate Term affirmed the lower court's decision, citing 11 NYCRR 68.5, which specifically permits reimbursement for healthcare services not explicitly covered by fee schedules, thereby rejecting the defendant's argument.

No-Fault BenefitsFirst-Party BenefitsDurable Medical EquipmentFee ScheduleSummary JudgmentAppellate TermAssigned BenefitsInsurance LawReimbursementCivil Court
References
3
Case No. MISSING
Regular Panel Decision

DAR & Associates, Inc. v. Uniforce Services, Inc.

Plaintiffs, consisting of DAR & Associates, Inc., its principals, and D.A.R. Temps, Inc., initiated a lawsuit against Uniforee Services, Inc. The core of the action sought a declaratory judgment that restrictive covenants and a liquidated damages provision in their contracts were unenforceable under New York law, alongside a breach of contract claim. In addressing cross-motions for partial summary judgment, the court found Uniforee possessed legitimate business interests warranting the protection of the restrictive covenants, deeming them reasonable in duration and geographic scope. Furthermore, the court upheld the enforceability of the liquidated damages clause, concluding that actual damages were difficult to ascertain at the time of contract and the agreed-upon sum was reasonable. Consequently, the plaintiffs' motion for partial summary judgment was denied, and the defendant's cross-motion was granted, effectively validating the contractual provisions at issue.

Restrictive CovenantsNon-compete ClauseNon-solicitation ClauseLiquidated DamagesBreach of ContractDeclaratory JudgmentSummary JudgmentFranchise AgreementLicensing AgreementUnfair Competition
References
60
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. MISSING
Regular Panel Decision

Volmar Distributors, Inc. v. New York Post Co., Inc.

Plaintiffs Volmar Distributors, Inc., Interboro Distributors, Inc. d/b/a Media Masters Distributors, and REZ Associates sued multiple defendants including The New York Post Co., Inc., Maxwell Newspapers, Inc., El Diario Associates, Pelham News Co., Inc., American Periodical Distributors, Inc., Vincent Orlando, The Newspaper and Mail Deliverer’s Union of New York and Vicinity (NMDU), and Douglas La Chance. The action alleges violations of the Sherman Antitrust Act, RICO, the New York State Donnelly Act, and state common laws, stemming from the termination of plaintiffs as newspaper distributors. The plaintiffs claim a conspiracy between Orlando (owner of Pelham and American) and La Chance (former NMDU president) to use La Chance's union influence to transfer distribution routes to Orlando's companies. Two related criminal indictments are pending: People v. La Chance and People v. NMDU. The court considered defendants' motion to stay civil discovery pending the resolution of these criminal matters. The court granted a complete stay of discovery for all defendants until the criminal proceedings against La Chance and Orlando are resolved, citing the protection of Fifth Amendment rights and the promotion of judicial efficiency by avoiding duplicative discovery.

AntitrustRICORacketeeringConspiracyCivil DiscoveryCriminal ProceedingsStay of ProceedingsFifth AmendmentSelf-IncriminationLabor Union
References
19
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. 2017 NY Slip Op 06253
Regular Panel Decision
Aug 23, 2017

Ecoline, Inc. v. W.H. Peepels Co., Inc.

In a breach of contract action, the plaintiff, Ecoline, Inc., an insulation subcontractor, sought damages from defendants W.H. Peepels Company, Inc., for unpaid work on a commercial building renovation. The Supreme Court, Queens County, granted Ecoline, Inc.'s motion for summary judgment in the principal sum of $53,442.57 but limited statutory interest from May 11, 2006. On appeal, the Appellate Division, Second Department, affirmed the summary judgment in favor of Ecoline, Inc. However, the appellate court reversed the lower court's decision regarding statutory interest, determining that it should be awarded from June 12, 2001, as this was the earliest ascertainable date the cause of action existed. The Court concluded that Ecoline, Inc. met its prima facie burden for breach of contract, and the defendants failed to raise a triable issue of fact.

Breach of ContractSummary JudgmentStatutory InterestAppellate ReviewSubcontractorConstructionDamagesInvoice DisputeNew York Appellate DivisionCivil Procedure
References
8
Case No. MISSING
Regular Panel Decision

Brian Fay Construction, Inc. v. Morstan General Agency, Inc.

Brian Fay Construction, Inc. (plaintiff) contracted with J.E Spano and Company, agreeing to indemnify Spano. The plaintiff then instructed its insurance agents, DFW Associates, Inc. and Douglass Fenning (together DFW), and later Morstan General Agency, Inc., to add Spano as an additional insured to its general liability policy with Burlington Insurance Company. An employee of Brian Fay Construction was injured, leading to a claim against Spano and a third-party action against the plaintiff. Burlington denied coverage, citing an employee exclusion and stating there was no evidence Spano was an additional insured. The plaintiff sued the agents for failing to properly procure insurance, seeking a declaration that they were obligated to defend and indemnify. The Supreme Court granted the plaintiff's motion for summary judgment, but the appellate court reversed, finding that the plaintiff failed to prove that Burlington would have been obligated to cover the claim even if Spano had been properly named as an additional insured.

Insurance Broker LiabilityAdditional InsuredSummary JudgmentDuty to Procure InsuranceIndemnificationGeneral Liability PolicyEmployee Liability ExclusionAppellate ReviewConstruction ContractInsurance Coverage Dispute
References
6
Case No. MISSING
Regular Panel Decision

Trustees of the Mosaic & Terrazzo Welfare, Pension, Annuity & Vacation Funds v. High Performance Floors, Inc.

Plaintiffs, trustees of various employee benefit funds, brought this action under ERISA and LMRA to collect employer contributions from defendants HPF, Inc. and High Performance Floors, Inc. The plaintiffs alleged that HPF was an alter ego of, or single employer with, High Performance, aiming to evade obligations under a collective bargaining agreement. Following a non-jury trial, U.S. Magistrate Judge Steven M. Gold concluded that High Performance and HPF were indeed alter egos and constituted a single employer. This determination was based on compelling evidence of shared management, employees, operations, equipment, and a common business purpose, coupled with an intent to circumvent union obligations. Consequently, the court found the defendants jointly and severally liable for the unpaid contributions.

Alter Ego DoctrineSingle Employer DoctrineERISA EnforcementLMRA LitigationUnpaid Employer ContributionsCollective Bargaining Agreement BreachEmployee Benefit Fund ProtectionCorporate DisregardLabor Relations LawJoint and Several Liability
References
30
Case No. MISSING
Regular Panel Decision

Wolfe v. KLR Mechanical, Inc.

Plaintiff Malcolm Wolfe, a millwright employed by DLX Inc., was injured when he slipped on a threaded rod while working at defendant Irving Tissue, Inc.'s paper mill. Wolfe and his wife filed an action alleging negligence and violations of Labor Law §§ 200 and 241 (6) against Irving Tissue, Inc., Northeast Riggers & Erectors, Inc. (general contractor), and KLR Mechanical, Inc. (subcontractor). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. On appeal, the court affirmed the dismissal of the Labor Law § 241 (6) claims against all defendants and the other claims against Northeast Riggers & Erectors, Inc. and KLR Mechanical, Inc. However, the court reversed the summary judgment granted to Irving Tissue, Inc. concerning common-law negligence and Labor Law § 200, finding that Irving retained control of the stairway and failed to establish a lack of constructive notice of the dangerous condition. The case was remitted for further proceedings against Irving Tissue, Inc.

Labor LawSummary JudgmentPremises LiabilityConstruction AccidentRoutine MaintenanceIndustrial CodeAppellate DivisionSpecial EmployeeConstructive NoticeDangerous Condition
References
21
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