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

Case No. 2015 NY Slip Op 06751
Regular Panel Decision
Sep 08, 2015

All State Flooring Distributors, L.P. v. MD Floors, LLC

Plaintiff, All State Flooring Distributors, L.P., initiated legal action against MD Floors, LLC, and Michael Savino to recover $48,188.50 for wood flooring delivered. MD Floors, in turn, filed counterclaims asserting that it incurred additional labor costs due to faulty flooring and was subjected to double-billing. The Supreme Court initially denied the plaintiff's motion for summary judgment, citing both a procedural default and the presence of triable issues of fact. On appeal, the Appellate Division, First Department, affirmed the denial of summary judgment, while correcting the Supreme Court's finding of a procedural default. The Appellate Division concurred that substantial triable issues of fact existed regarding partial payments, attorney's fees, and the alleged personal guaranty by Savino, and also affirmed the existence of triable issues concerning MD Floors' counterclaims for additional labor costs and double-billing.

Summary JudgmentBreach of ContractPersonal GuarantyCounterclaimsProcedural DefaultAppellate ReviewTriable Issues of FactAttorney's FeesCommercial LawContract Dispute
References
3
Case No. MISSING
Regular Panel Decision

Integrated Construction Services, Inc. v. Scottsdale Insurance

Integrated Construction Services, Inc. (Integrated) purchased a commercial general liability policy from Scottsdale Insurance Company (Scottsdale). Integrated received delayed and initially incorrect notifications about a worker's injury. After clarifying details, Integrated notified Scottsdale, which denied coverage citing late notice. Integrated then filed a declaratory judgment action to compel Scottsdale to defend and indemnify it. Scottsdale's motion to dismiss the complaint was denied by the Supreme Court. On appeal, the order denying dismissal was affirmed, as Integrated adequately pleaded reasonable delay and Scottsdale's documentary evidence was insufficient to refute the claim.

Commercial General LiabilityInsurance PolicyDuty to DefendDuty to IndemnifyLate NoticeDeclaratory JudgmentMotion to DismissCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary Evidence
References
10
Case No. 2022 NY Slip Op 06969 [211 AD3d 1194]
Regular Panel Decision
Dec 08, 2022

Integrity Intl., Inc. v. HP, Inc.

Plaintiff, Integrity International, Inc., doing business as Tarrenpoint, sued defendants, HP, Inc., for breach of service agreements dating from 1994 to 2016, primarily concerning defendants' alleged failure to make timely payments and pay late fees. The Supreme Court partially granted defendants' motion for partial summary judgment, dismissing claims for breach of contract and breach of the implied duty of good faith and fair dealing as time-barred, and also dismissing claims for late fees, finding them not contemplated by the agreements. On appeal, the Appellate Division affirmed the Supreme Court's dismissal regarding late fees and the timeliness of breach of contract claims. However, the Appellate Division found triable issues of fact concerning whether defendants breached the implied covenant of good faith and fair dealing by diverting clients and workers. The court also held that limitation of liability clauses in the agreements were enforceable, precluding consequential damages but allowing for the recovery of general damages.

Contract DisputeTimely PaymentLate FeesSummary JudgmentStatute of LimitationsImplied CovenantGood Faith and Fair DealingLimitation of LiabilityConsequential DamagesGeneral Damages
References
28
Case No. MISSING
Regular Panel Decision

Piazza v. Shaw Contract Flooring Services, Inc.

Plaintiff, an employee of the Buffalo Municipal Housing Authority (BMHA), sustained injuries after falling through a hole in an apartment floor while removing trash. BMHA had contracted Shaw Contract Flooring Services, Inc., operating as Spectra Contract Flooring, for flooring work, who in turn subcontracted Gregory Simmons, doing business as Simmons Flooring and Remodeling. After the kitchen floor was noted as "spongy," Simmons cut out portions, creating the hole. The Supreme Court initially granted summary judgment dismissing common-law negligence and Labor Law § 200 claims. However, the appellate court modified this by denying those parts of the motions and reinstating the claims, finding defendants failed to establish they did not supervise the work, control the premises, or create/have notice of the dangerous condition. Conversely, the court affirmed the dismissal of Labor Law § 241 (6) claims, ruling that the plaintiff's trash removal duties were not connected to construction activities as defined by that statute. The order was thus modified and affirmed.

Personal InjuryNegligenceLabor LawSummary JudgmentPremises LiabilityDangerous ConditionConstruction SafetyWorker InjuryAppellate ReviewSubcontractor Liability
References
8
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. MISSING
Regular Panel Decision
Aug 02, 2013

National Integrated Group Pension Plan v. Dunhill Food Equipment Corp.

This case, filed under ERISA, involves the National Integrated Group Pension Plan and its Board of Trustees (Plaintiffs) seeking to collect withdrawal liability from Dunhill Food Equipment, Esquire Mechanical, Geoffrey Thaw, Sanford Associates, and Custom Stainless (Defendants). The core dispute revolved around whether the non-Dunhill defendants were part of a commonly controlled group at the time of Dunhill's withdrawal from the pension plan, and whether Geoffrey Thaw could be held personally liable through veil piercing. The court ruled that Dunhill, Esquire, and Thaw were jointly and severally liable for the withdrawal liability, attorney's fees, costs, interest, and liquidated damages, finding Thaw's complete domination and misuse of corporate funds justified piercing the corporate veil. However, the claims against Sanford and Custom Stainless were dismissed, as they were determined to have effectively dissolved prior to the withdrawal date, thus not being members of the controlled group.

ERISA LitigationMPPAA LiabilityPension WithdrawalCorporate Veil PiercingSummary Judgment MotionControlled Group LiabilityCorporate DissolutionPersonal LiabilityEmployee Benefits LawFiduciary Breach
References
48
Case No. MISSING
Regular Panel Decision

Mayer v. Oil Field Systems Corp.

Elfriede Mayer sued Oil Field Systems Corp. (OFS) and Integrated Energy Inc. (Integrated) alleging securities and common law fraud. Mayer, a limited partner in Mark Energy Partnerships (MEP), claimed misallocation of Integrated stock and insufficient disclosure regarding its arbitrary $10/share valuation, which affected partnership payouts. She also asserted misleading statements about an underwriter and stock performance. Defendants moved for summary judgment, arguing Mayer was not deceived. The court found that Mayer had actual knowledge of the facts allegedly withheld, including the arbitrary stock valuation and the method of determining payout, through various disclosures provided by OFS and Integrated. Concluding that no deception occurred, a prerequisite for federal securities claims, the court granted the defendants' motion for summary judgment and dismissed the case, also declining jurisdiction over related state law claims.

Securities FraudCommon Law FraudLimited PartnershipStock ValuationSummary JudgmentMisallocation of SharesDisclosure RequirementsMaterial FactFiduciary DutyFederal Securities Laws
References
18
Case No. MISSING
Regular Panel Decision
Mar 19, 1997

Boss v. Integral Construction Corp.

The Supreme Court modified a prior order, granting partial summary judgment to the plaintiff on a Labor Law § 240 (1) claim against Integral Construction Corporation. The plaintiff was injured while installing windows without safety devices, attributing the fall to an elevation differential, which falls under the purview of Labor Law § 240 (1). The court found Integral liable for failing to provide necessary safety equipment. Regarding the Labor Law § 241 (6) claim, the court determined that only Industrial Code regulation 12 NYCRR 23-1.7 (e) (2), pertaining to debris, was applicable, as the plaintiff tripped on sheetrock. However, issues of fact concerning Integral's responsibility for the sheetrock placement and control over workplace safety prevented summary judgment on negligence and indemnification claims.

Labor Lawsummary judgmentliabilitysafety deviceselevation differentialIndustrial Codenegligenceindemnificationconstruction accidentwindow installation
References
15
Case No. 2015 NY Slip Op 09632 [134 AD3d 648]
Regular Panel Decision
Dec 29, 2015

Bonaerge v. Leighton House Condominium

Plaintiff Linares Bonaerge was injured when a steel structure being lowered by coworkers slipped and struck him. The court affirmed a judgment granting contractual indemnification claims from Leighton House Condominium and Cooper Square Realty against Integrated Construction Services, Inc., and from Integrated against Rockledge Scaffold Corp. The court also affirmed the grant of partial summary judgment to the plaintiff on his Labor Law § 240 (1) claim against Leighton and Integrated, finding a causal connection between the inadequately regulated descent of the object and the plaintiff's injury, and rejecting arguments of de minimis height differential or plaintiff's sole proximate cause.

Personal InjuryConstruction AccidentLabor Law § 240(1)Contractual IndemnificationSummary JudgmentAppellate ReviewScaffold LawFalling ObjectStatutory AgentProximate Cause
References
13
Case No. MISSING
Regular Panel Decision

Claim of Dunn v. Landmark Flooring Concepts, Inc.

Decedent, a floor covering mechanic, died of a heart attack while working on a renovation project. His widow filed a death benefit claim, which was controverted by Landmark Flooring Concepts, Inc. The Workers’ Compensation Law Judge (WCLJ) found an employer-employee relationship and causal link to employment, dismissing the special employment issue as untimely. The Workers’ Compensation Board affirmed. Landmark appealed, arguing it was improperly denied the opportunity to develop the record on special employment. The appellate court found the request timely and that the record contained evidence supporting a special employment claim. The decision was reversed, and the matter remitted to the Board for further development of the record on the issue of special employment.

Special EmploymentEmployer-Employee RelationshipCausal RelationshipHeart AttackAppellate ReviewRemittalProcedural ErrorFactual DisputeSubstantial EvidenceTimeliness of Motion
References
6
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