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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Delcon Construction Corp. v. United States Department of Housing, & Urban Development

Deleon Construction Corporation (plaintiff) filed an action against the United States Department of Housing and Urban Development (HUD) and its Secretary, Mel Martinez (defendants), based on quantum meruit/unjust enrichment and conversion of trust funds. The defendants moved to join Russand, Inc., as a necessary party, arguing that Russand was a party to the underlying construction contract and Building Loan Agreement, which are central to Deleon's claims. The court found that Russand is a necessary party under Rule 19(a)(1) of the Federal Rules of Civil Procedure because complete relief cannot be accorded among the existing parties without Russand's presence, and its absence could subject HUD to inconsistent obligations. Therefore, the court granted the defendants' motion and ordered Deleon to join Russand as a necessary party defendant within thirty days, or face dismissal of the action.

Federal Rules of Civil ProcedureRule 19(a)(1)Necessary PartyJoinderQuantum MeruitUnjust EnrichmentConversion of Trust FundsConstruction ContractMortgage InsuranceHUD
References
10
Case No. MISSING
Regular Panel Decision
Jan 03, 1997

Marte v. St. John's University

This case involves an appeal concerning an interlocutory judgment related to a personal injury action. The defendant third-party plaintiff appealed a jury verdict that favored the third-party defendant on liability. The appellate court examined the principles of indemnification and contribution under Labor Law § 240 (1) and Workers’ Compensation Law § 11, particularly when an owner is found partially at fault. It was determined that the trial court erred by not allowing the apportionment of fault between the third-party plaintiff and the third-party defendant. Consequently, the interlocutory judgment was reversed, and a new trial was granted solely on the issue of proper fault apportionment.

Personal InjuryThird-Party ActionLabor LawWorkers' Compensation LawApportionment of FaultIndemnificationContributionJury VerdictAppellate ReviewInterlocutory Judgment
References
8
Case No. 2016 NY Slip Op 04809 [140 AD3d 532]
Regular Panel Decision
Jun 16, 2016

Masi v. Cassone Trailer & Container Co.

The Appellate Division, First Department, affirmed an order from the Supreme Court, Bronx County, which denied motions for summary judgment by defendant Cassone Leasing Inc. and third-party defendant LKQ Hunts Point Auto Parts Corp. The case involved Anthony Masi's personal injury claims against various defendants, including Cassone Trailer & Container Co. and Cassone Leasing Inc. The court clarified that a prior settlement agreement under Workers' Compensation Law § 32, entered into by Masi and his employer LKQ, only settled workers' compensation claims and did not release personal injury claims against other defendants. Furthermore, a subsequent broad release agreement between Masi and LKQ released claims solely in favor of LKQ, not extending to other defendants in the personal injury suit. The court did not address whether the release barred third-party actions against LKQ, as that issue was not raised below.

Summary judgmentPersonal injury claimsWorkers' Compensation LawSettlement agreementRelease agreementThird-party actionsAppellate reviewDismissal motionScope of releaseEmployer liability
References
1
Case No. 2025 NY Slip Op 02184 [237 AD3d 891]
Regular Panel Decision
Apr 16, 2025

Cianciulli v. Urban Found./Engg., LLC

This case involves an appeal concerning personal injuries sustained by Joseph Cianciulli, a project executive, at a construction site in Brooklyn. Cianciulli was allegedly struck by an excavator bucket while inspecting a disputed work area. The original Supreme Court order granted summary judgment dismissing various Labor Law and common-law negligence claims against several defendants and third-party contractual indemnification claims. The Appellate Division, Second Department, modified the order, denying summary judgment to the defendants on the Labor Law §§ 200 and 241(6) causes of action against the Urban defendants, the Labor Law § 200 and common-law negligence causes of action against Bond GC, and the third-party contractual indemnification claims. The court found that triable issues of fact remained regarding the defendants' authority to supervise or control the injury-producing work and their potential negligence.

Labor Law § 200Labor Law § 241(6)Common-Law NegligenceContractual IndemnificationSummary JudgmentConstruction AccidentExcavation WorkSubcontractor LiabilityGeneral Contractor ResponsibilitySafe Place to Work
References
25
Case No. 2017 NY Slip Op 08027 [155 AD3d 900]
Regular Panel Decision
Nov 15, 2017

Poalacin v. Mall Properties, Inc.

The plaintiff, Nelson Poalacin, was injured when he fell from a defective ladder while working at a retail property undergoing refurbishment. He sued multiple defendants, including the property owners (Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc.), the general contractor (James Hunt Construction), and subcontractors (Weather Champions, Ltd., APCO Insulation Co., Inc.), alleging violations of Labor Law §§ 240 (1), 200, and 241 (6), as well as common-law negligence. The Supreme Court initially denied Poalacin's motion for summary judgment on Labor Law § 240 (1) and later granted the defendants' motions to dismiss the complaint. On appeal, the Appellate Division reversed the Supreme Court's orders, granting Poalacin summary judgment on the Labor Law § 240 (1) claim and denying the defendants' motions to dismiss the other Labor Law claims. The court also made declarations regarding indemnification and insurance coverage between the parties, finding Harleysville Insurance's policy was excess to Netherlands Insurance Company's policy, and remitted the matter for judgment entry.

Labor LawConstruction AccidentWorkplace SafetyLadder FallSummary JudgmentIndemnificationInsurance DisputesAdditional InsuredCommon-Law NegligenceThird-Party Action
References
37
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. 2023 NY Slip Op 03905 [218 AD3d 733]
Regular Panel Decision
Jul 26, 2023

Cruz v. 451 Lexington Realty, LLC

Plaintiff Johnny Cruz, a laborer, sustained injuries when ductwork fell on him while clearing debris during a building demolition. He initiated an action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against 451 Lexington Realty, LLC, and Regent Development Associates, LLC. The defendants initiated a third-party action against City Limits Group, Inc., and City Limits, in turn, sued Flintlock Construction Services, LLC. The Supreme Court denied Cruz's motion for summary judgment on Labor Law claims and granted the defendants' cross-motions to dismiss the complaint. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding Labor Law § 240 (1) inapplicable as the ductwork was part of the preexisting structure and not being actively worked on, and Labor Law § 241 (6) inapplicable as the area was not normally exposed to falling objects. Furthermore, Labor Law § 200 and common-law negligence claims were dismissed because the defendants did not exercise supervision or control over the plaintiff's work methods.

Personal injuryLabor LawSummary judgmentFalling objectConstruction accidentWorkplace safetyDemolitionCommon-law negligenceIndemnificationAppellate review
References
20
Case No. 2021 NY Slip Op 03642
Regular Panel Decision
Jun 10, 2021

Lorica v. Krug

Plaintiff Joseph Lorica, an employee of third-party defendant G & C Plumbing & Heating Corp., was injured in a fall at a construction site owned by defendant Jeremy Krug and managed by defendant The Krug Group Corp. Lorica and his spouse derivatively commenced an action against Krug and The Krug Group Corp., alleging Labor Law violations. The defendants then filed a third-party action against G & C seeking contractual and common-law indemnification. The Supreme Court dismissed the common-law indemnification claim but partially denied G & C's motion for summary judgment on the contractual indemnification claim, finding questions of fact. G & C appealed. The Appellate Division affirmed the Supreme Court's order, concluding that G & C failed to meet its initial burden on summary judgment due to unresolved questions of fact regarding whether the parties had an indemnification agreement prior to the accident and whether a written agreement signed after the accident was intended to apply retroactively.

Contractual IndemnificationSummary JudgmentRetroactive AgreementWorkers' Compensation Law § 11Labor Law § 240Construction Site InjuryThird-Party ClaimAppellate ReviewHold Harmless AgreementQuestions of Fact
References
11
Case No. 2025 NY Slip Op 03149 [238 AD3d 619]
Regular Panel Decision
May 22, 2025

Sarante v. Courtlandt Dev., LLC

The Appellate Division, First Department, modified an order from Supreme Court, Bronx County, concerning a construction worker's injury. Plaintiff Jose Sarante was injured when a chain block pulley system, used to hoist a steel beam, collapsed. The court affirmed partial summary judgment for Sarante on his Labor Law § 240 (1) claim, finding the pulley system to be a failed safety device. It also affirmed the denial of summary judgment for defendants Courtlandt Development, LLC and AB Capstone Builders Corp. on their Labor Law claims and contractual indemnification claims against third-party defendant Gold Lion Steel, LLC, noting the right to indemnification had not vested. Gold Lion's motions for dismissal of third-party claims were denied due to lack of evidence regarding "grave injury" under Workers' Compensation Law § 11. Finally, the Labor Law § 241 (6) claim was dismissed as plaintiff decided not to pursue it.

Labor Law § 240(1)Falling ObjectSafety DeviceChain Block Pulley SystemContractual IndemnificationDuty to DefendDuty to IndemnifyBreach of ContractFailure to Procure InsuranceGrave Injury
References
8
Case No. 2025 NY Slip Op 05941
Regular Panel Decision
Oct 29, 2025

Grala v. Structural Preserv. Sys., LLC

This case involves a consolidated action for personal injuries filed by Pawel Grala and his wife against Structural Preservation Systems, LLC (Structural) and New York City Housing Authority (NYCHA). Structural subsequently filed a third-party action against Apex Development, Inc. (Grala's employer) and Maciej Witczak. The Appellate Division, Second Department, reviewed an order from the Supreme Court, Queens County, concerning motions for summary judgment on claims of contractual and common-law indemnification, breach of contract for failure to procure insurance, and Apex's counterclaims. The Appellate Division modified the Supreme Court's order by granting summary judgment to the third-party defendants on the cause of action alleging breach of contract for failure to procure insurance against Apex. In all other respects, the Supreme Court's order, which denied other branches of the third-party defendants' motion and granted the cross-motion to dismiss Apex's counterclaims, was affirmed.

Personal InjuryWorksite AccidentSummary JudgmentContractual IndemnificationCommon-Law IndemnificationBreach of ContractFailure to Procure InsuranceGrave InjuryWorkers' Compensation LawLabor Law
References
22
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