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

Case No. 2 NY3d 787
Regular Panel Decision

U.S. Underwriters Insurance v. City Club Hotel, LLC

The New York Court of Appeals addressed two certified questions from the Second Circuit regarding an insured's right to recover attorneys' fees. U.S. Underwriters Insurance Company had sought a declaratory judgment against its insureds, City Club Hotel, LLC and Shelby Realty, LLC, to deny coverage for a personal injury claim. The insurer's disclaimer of coverage was found untimely. The Court held that an insured who prevails in an insurer-initiated declaratory judgment action to deny coverage may recover attorneys' fees, irrespective of whether the insurer initially provided a defense in the underlying suit. This decision underscores that the insurer's duty to defend extends to litigation arising from its attempts to avoid policy obligations. The Court answered the first certified question in the affirmative for Shelby.

Declaratory Judgment ActionAttorneys' FeesInsurer Duty to DefendInsurance CoverageUntimely DisclaimerPrevailing PartyCertified QuestionSecond CircuitNew York Court of AppealsPolicy Obligations
References
6
Case No. MISSING
Regular Panel Decision
Dec 16, 2004

US Underwriters Ins. Co. v. CITY CLUB HOTEL

The New York Court of Appeals addresses whether an insured who prevails in a declaratory judgment action brought by an insurer to deny coverage may recover attorneys' fees, regardless of whether the insurer provided a defense in the underlying suit. U.S. Underwriters Insurance Company had disclaimed coverage for City Club Hotel, LLC and Shelby Realty, LLC after a construction worker's injury, but still provided Shelby a defense. The insurer then initiated a declaratory judgment action to establish it had no duty to defend or indemnify. The District Court's finding that the disclaimer was untimely and its denial of attorneys' fees were appealed. The Court of Appeals, responding to certified questions from the Second Circuit, affirmed that Shelby, as a prevailing insured, is entitled to recover attorneys' fees because these expenses arose as a direct consequence of the insurer's unsuccessful attempt to disclaim policy obligations. The court explicitly answered the first certified question in the affirmative, while declining to answer the second.

Insurance LawDeclaratory JudgmentAttorneys' FeesDuty to DefendDuty to IndemnifyNew York Court of AppealsCertified QuestionsInsurer ObligationsPolicy DisclaimerTimeliness of Disclaimer
References
7
Case No. 2024 NY Slip Op 04220
Regular Panel Decision
Aug 14, 2024

Spina v. Browning Hotel Props., LLC

The plaintiff, Kaitlyn Spina, appealed an order from the Supreme Court, Suffolk County, which granted the defendants' motion to dismiss her complaint and denied her cross-motion for leave to amend. Spina sought damages for negligent hiring, retention, and supervision after allegedly being sexually assaulted by a hotel employee at a property owned and operated by the defendants, Browning Hotel Properties, LLC. The Appellate Division, Second Department, reversed the lower court's decision, finding that the Supreme Court improvidently exercised its discretion in denying Spina's cross-motion to amend, as the proposed amendments were not palpably insufficient. Furthermore, the Court determined that the Supreme Court erred in granting the defendants' motion to dismiss, as the proposed amended complaint sufficiently pleaded causes of action for negligent hiring, retention, and supervision. The order was reversed, the defendant's motion to dismiss was denied, and the plaintiff's cross-motion for leave to amend was granted.

negligent hiringnegligent retentionnegligent supervisionsexual assaulthotel liabilityleave to amend complaintmotion to dismissCPLR 3211 (a) (7)CPLR 3025 (b)Appellate Procedure
References
10
Case No. 2025 NY Slip Op 06399 [243 AD3d 514]
Regular Panel Decision
Nov 20, 2025

Ward v. Times Sq. Hotel Owner LLC

Plaintiff Martin Joseph Ward was injured after slipping and falling on an ice condition near a ninth-floor landing of a cement staircase. He subsequently moved for partial summary judgment on his Labor Law § 241 (6) claim, predicated on Industrial Code § 23-1.7 (d), against Times Square Hotel Owner LLC. The Supreme Court granted his motion. The Appellate Division, First Department, affirmed the Supreme Court's order, finding that the plaintiff established a prima facie case of a Labor Law § 241 (6) violation. Defendants failed to raise a triable issue to rebut plaintiff's testimony regarding the ice condition. The court also noted that a general contractor's liability under Labor Law § 241 (6) is not contingent on notice of the dangerous condition.

Slipping HazardsStairway AccidentIce ConditionIndustrial Code ViolationGeneral Contractor LiabilitySummary JudgmentLabor Law § 241(6)Premises LiabilityAppellate DivisionWorker Injury
References
3
Case No. 2025 NY Slip Op 03533 [239 AD3d 481]
Regular Panel Decision
Jun 10, 2025

MevRam Servs., LLC v. Quadrum Hospitality Group, LLC

This case concerns an appeal regarding a 'no-poaching' provision within staffing agreements between MevRam Services, LLC and Quadrum Hospitality Group, LLC, along with its affiliates. MevRam Services, LLC furnished employees to the Arlo hotels, and the agreement prohibited defendants from hiring these employees for a period. Defendants moved to dismiss MevRam's claims, arguing the provision violated the New York City Displaced Building Service Workers Protection Act (DBSWPA) and constituted unenforceable penalties. The Supreme Court denied the motion. The Appellate Division, First Department, affirmed the Supreme Court's order, concluding that the no-poaching provision did not violate the DBSWPA as employees were not displaced, and defendants failed to demonstrate any overriding public policy concerns or that the fees were penalties.

No-Poaching ClauseStaffing AgreementBreach of ContractLiquidated DamagesMotion to DismissDisplaced Building Service Workers Protection ActAppellate DivisionContract LawEmployment LawHotel Industry
References
3
Case No. 2023 NY Slip Op 03319
Regular Panel Decision
Jun 20, 2023

Winston Salem RI LLC v. Ladder Capital Fin. LLC

This case concerns an appeal by Winston Salem RI LLC against Ladder Capital Finance LLC regarding the dismissal of breach of contract claims. The Appellate Division, First Department, modified a Supreme Court order, reinstating claims related to the payment of forbearance fees and improper foreclosures, while affirming other aspects. The court clarified that a specific loan agreement section does not bar claims not challenging the reasonableness of Ladder's actions. Furthermore, it ruled that demand futility was adequately pleaded under Delaware law and that there is no heightened pleading requirement for breach of contract claims.

Breach of ContractDemand FutilityLoan AgreementsForbearance FeesImproper ForeclosuresAppellate ReviewDelaware LawPleading RequirementsContractual InterpretationMotion to Dismiss
References
3
Case No. MISSING
Regular Panel Decision

Cooper Square Hotel, LLC v. Assured Source National, LLC

Petitioner Cooper Square Hotel, LLC sought to discharge a mechanic's lien filed by respondent Assured Source National, LLC against its property. The petitioner argued that the lien should be discharged due to waivers of mechanic's liens executed by the respondent and Angel Construction Group, LLC, and because the respondent, a Professional Employer Organization (PEO), is not entitled to assert a mechanic's lien under Lien Law § 3. The court acknowledged that factual issues regarding the waivers and payments would warrant discovery. However, the court ultimately determined that the respondent, as a PEO, failed to overcome the presumption that it did not provide labor, citing *Tri-State Empl. Servs. v Mountbatten Sur. Co.* as precedent. Consequently, the court granted the petition and ordered the discharge of the mechanic's lien.

Mechanic's LienProfessional Employer OrganizationPEOLabor LawLien LawWaiver of LienConstruction ManagementPayroll FinancingCo-employerNew York State Law
References
3
Case No. 2023 NY Slip Op 05725 [221 AD3d 805]
Regular Panel Decision
Nov 15, 2023

MJ Lilly Assoc., LLC v. Ovis Creative, LLC

The plaintiff, MJ Lilly Associates, LLC, initiated legal action against Ovis Creative, LLC, alleging violations of the Freelance Isn't Free Act (FIFA). The claims stemmed from the defendant's alleged failure to provide written contracts and to timely pay for freelance work performed by the plaintiff. Ovis Creative, LLC subsequently filed a motion to dismiss the FIFA causes of action, asserting that MJ Lilly Associates, LLC did not qualify as a 'freelance worker' under the Act. The Supreme Court denied this dismissal motion. On appeal, the Appellate Division, Second Department, affirmed the lower court's decision, ruling that the defendant's submitted evidence did not meet the criteria for 'documentary evidence' required for dismissal under CPLR 3211 (a)(1) and that the plaintiff had adequately stated a cause of action under CPLR 3211 (a)(7).

Freelance Isn't Free ActFIFAIndependent ContractorMotion to DismissCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary EvidenceContract DisputePayment DisputeNew York City Administrative Code
References
10
Case No. 2024 NY Slip Op 04796
Regular Panel Decision
Oct 02, 2024

U.S. Bank N.A. v. DCCA, LLC

This case involves an appeal from an order and a money judgment in a mortgage foreclosure action. The plaintiff Anderson Hill Road Capital, LLC, appeals a decision by the Supreme Court, Westchester County, which found it liable for expenditures related to alleged violations of the New York State Worker Adjustment and Retraining Notification Act (WARN Act) incurred by temporary receiver Kirby D. Payne. The underlying issue stemmed from the abrupt closure of the Doral Arrowwood Resort and Hotel, owned by DCCA, LLC, where a temporary receiver was appointed to manage operations. The receiver requested funding to continue operations, which was initially provided by the Trustee (U.S. Bank National Association) but later denied by Anderson Hill Road Capital, LLC, after it purchased the note. This led to the issuance of WARN Act notices to employees due to the impending closure. The Supreme Court held Anderson Capital jointly and severally liable for the WARN Act violation costs. The Appellate Division dismissed the appeal from the order as it was superseded by the money judgment and affirmed the money judgment, finding that special circumstances existed to hold Anderson Capital liable for the receiver's expenses, including the WARN Act sum, given its predecessor's (the Trustee's) involvement and benefit from the receivership.

Mortgage ForeclosureTemporary ReceiverWARN ActReceiver ExpensesJoint and Several LiabilityAppellate ReviewMoney JudgmentProperty ManagementSpecial ServicerCommercial Mortgage-Backed Security
References
0
Case No. MISSING
Regular Panel Decision

MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC

This case involves MLF3 Airitan LLC and MLF3 DC LLC (plaintiffs) suing 2338 Second Avenue Mazal LLC, 167th Street Mazal LLC, Eran Polack, Amir Hasid, Nir Amsel, Bank Leumi USA, and John Doe numbers 1 through 10 (defendants) for breach of fiduciary duty, trust fund diversion, and a declaratory judgment regarding mechanic's liens. Plaintiffs sought an accounting, damages, and priority for their mechanic's liens over Bank Leumi's liens, citing improper notice of lending and unfiled material modifications to loan agreements under the Lien Law. Defendants Bank Leumi and the Mazal entities cross-moved to dismiss based on various procedural grounds and failure to state a cause of action. The court granted Bank Leumi's motions to dismiss the fourth and fifth causes of action concerning the priority claims. However, it denied the defendants' motion to dismiss the sixth cause of action, allowing the action to proceed concurrently with a lien foreclosure action. Additionally, the court granted plaintiffs' cross-motions for an interim accounting and for consolidation of the actions.

Mechanic's LiensDeclaratory JudgmentTrust Fund DiversionBreach of Fiduciary DutyBuilding Loan AgreementLien Law Article 3-AMotion to DismissInterim AccountingConsolidation of ActionsPriority Disputes
References
35
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