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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 06315 [233 AD3d 555]
Regular Panel Decision
Dec 17, 2024

Rodriguez v. Manhattan Restoration LLC

This case concerns an appeal where the plaintiff, Francisco Rodriguez, alleged negligent hiring, supervision, and retention against Manhattan Restoration LLC, a general contractor. Rodriguez was attacked by an employee of TMF Construction LLC, a subcontractor hired by Manhattan Restoration. The Supreme Court granted summary judgment dismissing the complaint against Manhattan Restoration. The Appellate Division, First Department, affirmed this decision, finding no vicarious liability as the assailant worked for the subcontractor, not Manhattan Restoration. The court also determined that Manhattan Restoration did not own the property, exercised only general supervisory authority, and lacked knowledge of the assailant's violent propensities. Furthermore, the argument regarding the absence of a safety manager was deemed speculative.

negligent hiringnegligent supervisionnegligent retentionvicarious liabilityrespondeat superiorconstruction projectsubcontractorgeneral contractorsummary judgmentduty to keep premises safe
References
5
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. MISSING
Regular Panel Decision

Commissioners of the State Insurance Fund v. News World Communications, Inc.

Judge Silverman dissents from an order, arguing for its reversal, the granting of a protective order, and the striking of interrogatories. The case involves the State Insurance Fund's claim against News World Communications, Inc., for unpaid workers' compensation and disability insurance premiums. Silverman contends the interrogatories, spanning 20 pages, are excessively burdensome and represent an unwarranted intrusion into the affairs and funding of the Unification Church, which is connected to the defendant newspaper, 'The News World'. The judge believes this inquiry, with its First Amendment implications, is irrelevant to determining the amount of premiums due.

Workers' Compensation PremiumsDisability Insurance PremiumsProtective OrderInterrogatoriesDiscovery AbuseFirst Amendment RightsReligious FreedomBurdensome DisclosureInsurance FundNewspaper Industry
References
1
Case No. 16-CV-3812, 16-CV-5302
Regular Panel Decision
Nov 29, 2018

Lighton Indus., Inc. v. Allied World Nat'l Assurance Co.

This case involves consolidated actions by Lighton Industries, Inc. and Hibuild Limited Liability Company against Allied World National Assurance Company and Mt. Hawley Insurance Company. Plaintiffs sought declaratory judgment regarding the insurers' duty to defend and indemnify them in an underlying personal injury action, the Tunkara Action, stemming from an August 16, 2014 accident at Brooklyn College. The court granted Lighton and Hibuild's motions for summary judgment, determining that Allied and Mt. Hawley owe a duty to defend the plaintiffs in the Tunkara Action. This decision was based on ambiguities in the insurance policies' Classification Limitation and Designated Ongoing Operations Exclusion, which were construed against the insurers. However, all motions for summary judgment concerning indemnification were denied, and these claims were dismissed without prejudice as premature, as liability in the underlying Tunkara Action had not yet been determined.

Insurance CoverageDuty to DefendDuty to IndemnifySummary JudgmentContract InterpretationAmbiguityPolicy ExclusionClassification LimitationOngoing Operations ExclusionSubcontractor Liability
References
73
Case No. 2025 NYSlipOp 07110
Regular Panel Decision
Dec 18, 2025

People v. R.V.

The Appellate Division, First Department, affirmed an order by the Supreme Court, New York County, which granted the defendant R.V.'s CPL 210.40 motion to dismiss the indictment in furtherance of justice. The court found that the Supreme Court providently exercised its discretion, noting that R.V. purchased a false Covid-19 vaccination card to maintain employment as an essential worker during the pandemic. The decision highlighted that R.V.'s actions caused no specific or societal harm, supporting the dismissal in the interest of justice.

Indictment DismissalInterest of JusticeCPL 210.40COVID-19 Vaccination CardEssential WorkerAppellate ReviewDiscretionary DismissalLack of Harm
References
2
Case No. Index No. 303087/12, 83924/12, 83996/12, 83739/13, 84015/15, 84057/15, 84072/15 Appeal No. 16728 Case No. 2020-04517
Regular Panel Decision
Nov 29, 2022

Rucinski v. More Restoration Co., Inc.

Plaintiff Zbigniew Rucinski, an employee of subcontractor Skylights By George Co., Inc., sustained a traumatic brain injury while working at a property owned by Kraus Management Inc. and managed by Franklin Kite Housing Development Fund Corporation. The defendants, Kraus Management and Franklin Kite, moved for summary judgment for contractual indemnification against Skylights and opposed Skylights's motion to dismiss common-law indemnification and contribution claims. The Supreme Court conditionally granted defendants' motion for contractual indemnification but granted Skylights's motion to dismiss the common-law claims. The Appellate Division reversed this decision. It found that conflicting expert opinions on whether Rucinski suffered a 'grave injury' under Workers' Compensation Law § 11 created a triable issue of fact, thus precluding summary judgment for Skylights on the common-law claims. Furthermore, the Appellate Division determined that the defendants were entitled to unconditional summary judgment on their contractual indemnification claim against Skylights, as the contract did not require a finding of Skylights's negligence.

Appellate DivisionSummary JudgmentContractual IndemnificationCommon-Law IndemnificationContribution ClaimsWorkers' Compensation Law § 11Grave InjuryExpert WitnessTraumatic Brain InjurySubcontractor Liability
References
5
Case No. MISSING
Regular Panel Decision

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

This concurring opinion by Justice Abdus-Salaam addresses two cases, Doerr v Goldsmith and Dobinski v Lockhart, concerning negligence claims against domestic animal owners for injuries caused by their pets. The opinion reaffirms the long-standing "vicious propensities" rule established in Bard v Jahnke, which limits liability solely to strict liability when an owner knew or should have known of an animal's dangerous tendencies. Justice Abdus-Salaam rejects arguments to extend the Hastings v Sauve precedent, which allowed negligence claims for farm animals straying from property, to domestic pets. The opinion also refutes the distinction between an owner's active control and passive failure to restrain, emphasizing that a pet's volitional behavior is the ultimate cause of harm. Consequently, Justice Abdus-Salaam votes to dismiss the negligence claims in both cases and affirms the dismissal of Dobinski's strict liability claim due to insufficient evidence of the owners' prior knowledge of their dogs' propensities.

Animal LawNegligenceStrict LiabilityDomestic AnimalsFarm AnimalsVicious Propensity RuleDuty of CareSummary JudgmentAppellate ReviewCourt of Appeals
References
20
Case No. No. 92
Regular Panel Decision
Nov 25, 2019

Jose Rivera v. State of New York

This New York Court of Appeals case addresses the State's vicarious liability for an assault committed by correction officers on an inmate. The inmate, Jose Rivera, was brutally attacked by Officer Michael Wehby and restrained by other officers, Femia and LaTour. The Court of Claims and Appellate Division found Wehby's actions were outside the scope of employment. The Court of Appeals affirmed, holding that Wehby's unprovoked and excessive force was a significant departure from his duties, thus precluding vicarious liability under respondeat superior. The dissenting judges argued that there were triable issues of fact regarding whether the other officers, who restrained Rivera, acted within the scope of their employment, potentially believing they were maintaining prison order.

Respondeat SuperiorVicarious LiabilityCorrectional Officer MisconductInmate AssaultScope of Employment DoctrineSummary Judgment AffirmationExcessive ForceCorrection Law ViolationsIntentional TortsAppellate Review
References
45
Case No. 70 Civ. 3947
Regular Panel Decision

Maguire v. Trans World Airlines, Inc.

Female cabin attendants, led by Maguire, sued Trans World Airlines (TWA) under the Equal Pay Act, alleging that TWA paid them less than male pursers for substantially equal work. The court found that TWA pursers, who serve on international flights, perform different and additional duties requiring greater skill, effort, and responsibility compared to both international and domestic cabin attendants. The court also determined that domestic cabin attendants and pursers are not employed in the same 'establishment' under the Act. The plaintiffs' labor unions, initially supportive of increasing the purser differential, were later realigned as defendants. The court concluded that TWA did not discriminate on the basis of sex and did not violate the Equal Pay Act, ruling in favor of TWA on the main claim.

Equal Pay ActSex DiscriminationWage DifferentialCabin AttendantsPursersFlight AttendantsLabor UnionCollective BargainingClass ActionJob Duties
References
9
Case No. MISSING
Regular Panel Decision
Oct 09, 2012

V.E.C. Corp. v. Hilliard

This case involves V.E.C. Corp. of Delaware (VEC), an aircraft leasing business, suing Ira and Bridget Hilliard, New Light Church, Putnam County National Bank, Dean Ryder, and Nancy Molloy. VEC alleged that Putnam breached loan agreements and committed fraud, while the Hilliard Defendants breached a Fee Agreement. The court granted the defendants' motions to dismiss all claims. It found VEC's contract claims against Putnam time-barred under New York law, its fraud claims legally insufficient due to lack of direct reliance, and its breach of contract claims against the Hilliard Defendants invalid as the Fee Agreement was assignable to Putnam.

Motion to DismissBreach of ContractFraudulent ConcealmentStatute of LimitationsAircraft LeasingSecured TransactionsAssignment of RightsNew York LawNew Jersey LawFederal Rules of Civil Procedure
References
26
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