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

Case No. 2024 NY Slip Op 24162 [84 Misc 3d 931]
Regular Panel Decision
Apr 06, 2024

James Riv. Group Holdings, Ltd. v. Fleming Intermediate Holdings LLC

The case, James River Group Holdings, Ltd. v Fleming Intermediate Holdings LLC, addresses a dispute over a stock purchase agreement (SPA) for the sale of James River's reinsurance subsidiary, JRG Re, to Fleming. Fleming refused to close the transaction, citing alleged breaches related to JRG Re's reserves and liquidity, and demanded a $78 million concession. James River sought specific performance through a mandatory preliminary injunction, arguing that Fleming's claims were baseless and contrary to the SPA's terms, particularly a clause prohibiting challenges to reserves and outlining a post-closing price adjustment process. The Supreme Court, New York County, presided over by Justice Masley, granted James River's motion, finding a clear likelihood of success on the merits, established irreparable harm due to reputational damage and operational disruption, and a favorable balance of equities, compelling Fleming to close the deal within 10 days.

Specific PerformanceStock Purchase AgreementBreach of ContractPreliminary InjunctionMandatory InjunctionContract InterpretationIrreparable HarmBalance of EquitiesReinsurance SubsidiaryClosing Conditions
References
29
Case No. 148 AD3d 988
Regular Panel Decision
Mar 22, 2017

Derosas v. Rosmarins Land Holdings, LLC

Plaintiff Eduardo Derosas, a maintenance worker, sustained serious injuries while cutting a downed tree at a camp. He received workers' compensation benefits for his injuries. The Supreme Court, Orange County, granted summary judgment to defendants Rosmarins Land Holdings, LLC, and Scott L. Rosmarin, dismissing the amended complaint. On appeal, the Appellate Division, Second Department, affirmed the lower court's decision. The court found claims against Rosmarin barred by the Workers' Compensation Law's exclusivity provision, citing his coemployee status. It also determined that tree cutting was not covered under Labor Law §§ 240 (1) and 241 (6), and Rosmarins Land Holdings, LLC, as an out-of-possession landlord, was not liable under Labor Law § 200 or common-law negligence.

Workers' Compensation ExclusivityLabor Law § 200Labor Law § 240(1)Labor Law § 241(6)Summary JudgmentCoemployee ImmunityOut-of-Possession LandlordTree RemovalMaintenance Worker InjuryPremises Liability
References
25
Case No. MISSING
Regular Panel Decision

In re Ennia Caribe Holding N.V.

R.M. Hermans, as the foreign representative for ENNIA Caribe Holding N.V., a large Curaçaoan insurance company, filed Chapter 15 petitions in a U.S. Bankruptcy Court seeking recognition of a Curaçao rehabilitation proceeding as a 'foreign main proceeding.' ENNIA's owner, Parman International B.V., objected, arguing that the Curaçao proceeding was not 'collective' and lacked sufficient court supervision, and that its recognition would violate U.S. public policy due to inadequate notice. The court, presided over by Judge Martin Glenn, overruled Parman's objection. It found that the Curaçao proceeding met the definition of a foreign proceeding because it considers the rights of all creditors and is subject to control or supervision by either the Curaçao court or the Central Bank of Curaçao and St. Maarten (CBCS). The court also rejected the public policy argument, noting that U.S. states have similar provisions for urgent insurance company seizures with comparable notice periods. Consequently, the Curaçao proceeding was recognized as a foreign main proceeding, and Hermans was recognized as the foreign representative.

Chapter 15 BankruptcyForeign Main ProceedingInternational InsolvencyInsurance RehabilitationCross-Border InsolvencyCuraçao LawDue ProcessPublic Policy ExceptionCreditors' RightsFinancial Regulation
References
17
Case No. 2021 NY Slip Op 05600 [198 AD3d 826]
Regular Panel Decision
Oct 13, 2021

Rivas-Pichardo v. 292 Fifth Ave. Holdings, LLC

Cesar A. Rivas-Pichardo, a laborer, was injured during a demolition project when bricks ricocheted from a debris chute. He commenced an action against the property owner, 292 Fifth Avenue Holdings, LLC, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), 241-a, and 241 (6). The owner, in turn, filed a third-party action against the plaintiff's employer, Pinnacle Demolition & Environmental Services Corp. The Supreme Court initially denied the plaintiff's cross-motion for summary judgment on Labor Law § 240 (1) and granted parts of the defendant's and third-party defendant's motions to dismiss certain claims. On appeal, the Appellate Division modified the order, finding that Labor Law § 240 (1) was implicated by the elevation-related risk, and accordingly granted the plaintiff's cross-motion for summary judgment on liability for that claim while denying Pinnacle's motions to dismiss claims under Labor Law §§ 240 (1) and certain provisions of 241 (6).

Personal InjuryDemolition ProjectLabor Law § 240(1)Labor Law § 241(6)Elevation-Related RiskDebris Chute AccidentSummary JudgmentAppellate ReviewConstruction SafetyIndustrial Code Violations
References
13
Case No. MISSING
Regular Panel Decision

Szumowski v. PV Holding Corp.

Plaintiffs, including Zygmunt Szumowski, sought to impose vicarious liability on PV Holding Corp. for injuries sustained by Szumowski during his employment at Avis. The injuries arose from the negligent operation of a vehicle by an employee of Budget Rent A Car System, Inc., with the vehicle's title held by PV Holding Corp. The court determined that workers' compensation serves as the exclusive remedy for the plaintiffs' claims, citing Workers' Compensation Law § 29 [6] and precedent. Since the plaintiffs did not allege any affirmative negligence against PV Holding Corp., the court concluded that the complaint should have been dismissed. Consequently, the plaintiffs' arguments challenging this finding were deemed unavailing.

Vicarious LiabilityWorkers' Compensation LawExclusive RemedyNegligenceMotor Vehicle AccidentEmployment InjuryComplaint DismissalJudicial Panel DecisionAppellate ReviewEmployer Liability
References
3
Case No. MISSING
Regular Panel Decision
Jan 29, 2010

Fowler v. SCORES HOLDING COMPANY, INC.

Plaintiff Ruth Fowler, an exotic dancer, sued Scores Holding Company, Inc., alleging sex discrimination, a hostile work environment, and unlawful wage deductions at Scores West, invoking the New York State Human Rights Law, New York City Human Rights Law, and New York Labor Law. Scores Holding moved to dismiss, arguing Fowler was an independent contractor and not its employee. The District Court denied the motion to dismiss, finding that Fowler sufficiently alleged an employee relationship and that Scores Holding could be considered her employer under the single and joint employer doctrines. The court concluded that Fowler's claims for discrimination, hostile work environment, and unlawful wage deductions were facially plausible under Federal Rules of Civil Procedure 8.

Sex DiscriminationHostile Work EnvironmentWage DeductionsIndependent ContractorEmployee ClassificationJoint EmployerMotion to DismissFederal Civil ProcedureHuman Rights LawLabor Law
References
44
Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. MISSING
Regular Panel Decision

Empire Gen Holdings, Inc. v. Governor of New York

The applicants, Empire Gen Holdings, Inc. and Empire Generating Co, LLC, initiated a declaratory judgment and injunction action challenging the constitutionality of New York Tax Law §§ 33 and 34, known as the "Tax Credit Deferral Provisions". They contended that these provisions unconstitutionally delayed their receipt of a significant brownfield redevelopment tax credit, violating their rights under the Takings Clause, Due Process, Contracts Clause, and Equal Protection. The defendants moved to dismiss the complaint for failing to state a cause of action. The court granted the defendants' motion, ruling that the plaintiffs had no vested property right to the tax credit prior to the enactment of the deferral provisions, thereby defeating their Takings and Due Process claims. Furthermore, the court found no contractual impairment and determined that the tax credit classifications were rationally related to legitimate government interests, leading to the dismissal of all constitutional challenges.

Constitutional LawTax LawDeclaratory JudgmentInjunctionTax CreditsBrownfield RedevelopmentTakings ClauseDue ProcessContracts ClauseEqual Protection
References
20
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. 12-1227-cec
Regular Panel Decision

Schroeder v. Global Aviation Holdings, Inc. (In re Global Aviation Holdings, Inc.)

This case addresses a motion for summary judgment filed by Global Aviation Holdings, Inc. and World Airways, Inc. (Defendants) against former airline pilots (Plaintiffs). The Plaintiffs alleged a violation of the WARN Act due to a "mass layoff" without required 60-day notice, claiming the Kansas City, Missouri airport (KMCI) served as their "single site of employment." Defendants countered that KMCI was only a theoretical base for payment calculations and lacked any physical presence or operational connection to their pilots. The Court, citing precedent requiring physical connection for a "home base" under WARN Act regulations, ruled that KMCI did not qualify as a "single site of employment." Therefore, the Defendants' motion for summary judgment was granted, leading to the dismissal of the adversary proceedings.

WARN ActMass LayoffSingle Site of EmploymentSummary JudgmentFederal Rules of Civil ProcedureFederal Rules of Bankruptcy ProcedureAirline PilotsFurloughBankruptcyCollective Bargaining Agreement
References
8
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