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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. MISSING
Regular Panel Decision

Miraglia v. H&L Holding Corp.

This opinion addresses post-judgment motions in a personal injury case arising from an accident where the plaintiff, an employee of Lane & Sons Construction Corp., was injured at a site owned by H&L Holding Corporation. Following a jury verdict and appellate modification, Lane moved to amend the May 4, 2005 judgment to provide for entry of judgment solely against H&L, arguing that Workers' Compensation Law § 11 prevented direct recovery against Lane by the plaintiff. Plaintiff cross-moved for an order of attachment or a constructive trust on proceeds paid to H&L by its insurer. H&L cross-moved to amend the judgment to reflect its right to judgment over against Lane for the full amount and for defense costs, based on contractual and common-law indemnification, given Lane had agreed to indemnify H&L and assumed its defense at trial. The court denied Lane's motion, ruling that amending the judgment would affect a substantial right of the plaintiff and go beyond ministerial correction permitted by CPLR 5019 (a). Plaintiff's cross-motion was also denied. H&L's cross-motion for reimbursement of costs and attorneys' fees from Lane was granted, and a hearing was scheduled to determine the amount.

Workers' Compensation LawLabor LawCPLR 5019(a)IndemnificationContractual IndemnificationCommon-Law IndemnificationPost-Judgment MotionsAmendment of JudgmentNondelegable DutyOwner Liability
References
19
Case No. 17-09006
Regular Panel Decision
Jul 20, 2017

General Motors LLC v. Manville Personal Injury Settlement Trust (In re Johns-Manville Corp.)

Plaintiff General Motors LLC initiated an adversary proceeding against the Manville Personal Injury Settlement Trust and its trustees, seeking a declaratory judgment that its state court action in Ohio against the Manville Trust was not enjoined by the channeling injunction from the Johns-Manville Corporation's chapter 11 reorganization plan. GM's Ohio action aimed to hold the Manville Trust liable under Ohio Revised Code § 4123.931 for an employee's widow's failure to notify GM of asbestos settlements. The court exercised jurisdiction, rejecting the Manville Trust's abstention arguments. It found that GM's claim against the Manville Trust, whether characterized as subrogation or contribution, constituted an "Other Asbestos Obligation" and was therefore explicitly barred by the Manville Plan's channeling injunction and the Trust Distribution Procedures (TDP). Consequently, the court enjoined GM from pursuing its Ohio Action against the Manville Trust.

Asbestos LitigationBankruptcy InjunctionChanneling InjunctionDeclaratory JudgmentManville TrustTrust Distribution ProceduresOhio LawSubrogation ClaimsContribution ClaimsWorkers' Compensation
References
26
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. 2024 NY Slip Op 24324 [86 Misc 3d 365]
Regular Panel Decision
Dec 23, 2024

Matter of Kosmo Family Trust

This case concerns the Kosmo Family Trust, where petitioners, including decedent Janet D. Kosmo's children and grandchildren, challenged the validity of trust amendments on grounds of undue influence by respondent Donna Savino. The court found that a confidential relationship existed between the decedent and respondent, characterized by the decedent's vulnerability and respondent's active involvement in the trust's modifications. The respondent, initially a healthcare worker for decedent's disabled daughter, became the primary beneficiary, receiving almost the entire estate. Ultimately, the Surrogate's Court, Albany County, voided the second and third amendments, reinstating the first amendment's beneficiaries.

Trust ValidityUndue InfluenceConfidential RelationshipEstate DisputeTestamentary CapacitySurrogate's CourtCalifornia Probate LawNew York Evidence LawDead Man's StatuteHearsay
References
82
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
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. 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
Case No. 2014 NY Slip Op 06187 [120 AD3d 1321]
Regular Panel Decision
Sep 17, 2014

Narro v. MMC Holding of Brooklyn, Inc.

Plaintiff Veronica Narro, an employee of Maimonides Medical Center, allegedly sustained personal injuries from a fall in a parking garage owned by her employer. She subsequently initiated a personal injury action against MMC Holding of Brooklyn, Inc., and Maimonides Medical Center, bypassing a workers' compensation claim. Maimonides Medical Center moved for summary judgment, asserting that the Workers' Compensation Law provided the exclusive remedy for Narro's alleged damages, but the Supreme Court, Kings County, denied this motion. The Appellate Division, Second Department, reversed the lower court's order, emphasizing that the Workers' Compensation Board holds primary jurisdiction in determining the applicability of the Workers' Compensation Law. The court ruled that the Supreme Court should not have entertained the motion without a prior determination from the Board and therefore remitted the matter for a new determination after the Board resolves the workers' compensation issue.

Personal InjuryWorkers' Compensation LawSummary Judgment MotionExclusive Remedy DoctrinePrimary JurisdictionAppellate ReviewRemand to Lower CourtSupreme Court Kings CountyMaimonides Medical CenterParking Garage Incident
References
5
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