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

Case No. 2022 NY Slip Op 02680
Regular Panel Decision
Apr 22, 2022

Finocchi v. Live Nation Inc.

Carmen J. Finocchi, Jr. sustained injuries while manually loading rigging equipment, leading to a lawsuit against Live Nation Inc. The Supreme Court initially dismissed the complaint, ruling that Finocchi's failure to use an available forklift was the sole proximate cause of his injuries. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court found that Finocchi's choice not to use a forklift could not be deemed the sole proximate cause, particularly as he was instructed to lift the equipment manually. The court also affirmed that the work performed fell under the coverage of Labor Law § 240 (1), reinstating the claim, granting judgment on liability to the plaintiffs, and remitting for a new trial solely on the issue of damages.

LiabilityWorkplace SafetyForkliftManual LiftingAppellate ReviewProximate CauseComparative FaultInjuryDemolition WorkStage Rigging
References
20
Case No. 2017 NY Slip Op 07528
Regular Panel Decision
Oct 26, 2017

Perez v. Beach Concerts, Inc.

The plaintiff, Mark Perez, moved for partial summary judgment on his Labor Law § 240 (1) claim against Live Nation Worldwide, Inc. The court properly granted this motion, finding Live Nation was an "owner" of the accident site due to its licensee role at Jones Beach Marine Theatre, giving it sole authority over premises operation and maintenance, including worker safety. The court also correctly determined that the plaintiff was engaged in the "alteration" of a structure when he fell while setting up a truss system, which extended the booth's height and required significant construction. This work was deemed an alteration, not merely a decorative modification. The Appellate Division affirmed the lower court's decision.

Labor Law § 240(1)Summary JudgmentLiabilityOwner LiabilityLicensee ResponsibilityWorkplace SafetyConstruction AccidentFall from HeightAlteration of StructureTruss System
References
8
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. 2021 NY Slip Op 02981
Regular Panel Decision
May 11, 2021

Cruz v. National Convention Servs., LLC

Plaintiff David Cruz appealed a Supreme Court order that granted summary judgment to defendant National Convention Services, LLC, dismissing his complaint for injuries sustained at the Jacob K. Javits Convention Center in 2015. Cruz, an employee of NYCCOC, alleged negligence by Vincent Torres and Anthony Scura, general employees of NYCCOC, claiming they were special employees of National, thereby making National liable. The Supreme Court ruled his claims were barred by the Workers' Compensation Law's exclusive remedy doctrine, finding Torres and Scura were not National's special employees. The Appellate Division affirmed this decision, concluding that National did not supervise or direct the carpenters' work, and NYCCOC remained responsible for their wages, assignments, and on-site supervision. Therefore, the court found, as a matter of law, that Torres and Scura were not special employees of National Convention Services, LLC.

Summary judgmentWorkers' Compensation LawExclusive remedy doctrineSpecial employee doctrineAppellate reviewPersonal injuryNegligenceJavits CenterEmployer liabilityVicarious liability
References
6
Case No. MISSING
Regular Panel Decision

National Foods, Inc. v. Rubin

Plaintiff National Foods, Inc. ("Hebrew National") filed a civil rights action against Rabbi Rubin, Director of the Kosher Law Enforcement Division of the New York State Department of Agriculture and Markets, under 42 U.S.C. § 1983 and the Fourteenth Amendment. Hebrew National alleged abuse of state investigatory powers, claiming violations of the due process, establishment, free speech, and commerce clauses, seeking damages and injunctive relief. The complaint detailed events including a 1985 inspection, a subsequent altered report, a 1987 fine, public statements by Rubin, and a 1989 subpoena related to Hebrew National's Indianapolis plant. Defendant Rubin moved to dismiss the amended complaint for failure to state a claim, arguing that the allegations amounted to a state tort defamation claim. The court granted Rubin's motion, finding that Hebrew National failed to allege actionable constitutional deprivations under the "reputation-plus" standard for due process claims, presented no facts suggesting a theological dispute for the establishment clause claim, offered conclusory allegations for the free speech claim, and did not demonstrate a substantial burden on interstate commerce for the commerce clause claim.

Civil Rights Action42 U.S.C. § 1983Due Process ClauseFourteenth AmendmentCommerce ClauseEstablishment ClauseFree Speech ClauseMotion to DismissConstitutional LawState Official Liability
References
16
Case No. MISSING
Regular Panel Decision

Yoda, LLC v. National Union Fire Insurance

The Supreme Court, New York County, initially denied defendant National Union Fire's motion to dismiss the complaint and granted plaintiffs' cross motion for summary judgment, declaring the insurer’s disclaimer of coverage ineffective under Insurance Law § 3420 (d). The appellate court unanimously modified this order, denying the cross motion for summary judgment without prejudice to renewal after discovery, citing the lack of conducted discovery. However, the appellate court affirmed the denial of National Union’s motion to dismiss, noting lingering questions regarding the parties' intentions, the terms of the subcontract, and National Union’s delay in disclaiming coverage, which prevent a determination that Yoda and Riverhead were not additional insureds. Additionally, the employers’ liability exclusion in National Union's policy was found unavailing, as liability would be indirect if Yoda and Riverhead are determined to be additional insureds.

Insurance CoverageDisclaimer of CoverageSummary JudgmentMotion to DismissAdditional Insured StatusEmployers' Liability ExclusionAppellate ReviewDiscovery ProceedingsSubcontract TermsLabor Law Litigation
References
5
Case No. MISSING
Regular Panel Decision

National Casualty Co. v. Allcity Insurance

This case concerns an appeal from an order of the Supreme Court, Bronx County, which initially denied Allcity Insurance Company's motion for summary judgment and granted National Casualty Company's cross-motion for reimbursement. The underlying dispute involved National's request for one half of settlement and defense costs from Allcity, stemming from a personal injury action where the owner and general contractor were additional insureds on a subcontractor's general liability policy. The appellate court unanimously reversed the lower court's decision, granting Allcity's motion and denying National's cross-motion. The reversal was based on the antisubrogation rule, which precluded National from seeking recovery from Allcity, the subcontractor's workers' compensation carrier, as Allcity would not have been obligated to contribute to the settlement. Consequently, the complaint against Allcity was dismissed.

Summary JudgmentAntisubrogation RuleAdditional InsuredReimbursementDefense CostsGeneral Liability PolicyWorkers' Compensation CarrierAppellate DivisionInsurance LawPersonal Injury Action
References
2
Case No. MISSING
Regular Panel Decision

Sherman v. National Grid

Plaintiff Sherry A. Sherman sued National Grid for employment discrimination under Title VII of the Civil Rights Act and the Equal Pay Act. She alleged gender discrimination, retaliation, and unequal pay due to incidents like delayed promotion, inappropriate comments, a physical demands test, and denial of 'storm work.' National Grid moved for summary judgment, arguing many claims were time-barred and others lacked a prima facie case. The court granted summary judgment for National Grid, finding most allegations time-barred and timely claims insufficient to establish discrimination or retaliation. Consequently, the plaintiff's amended complaint was dismissed.

Employment DiscriminationTitle VIIEqual Pay ActSummary JudgmentGender DiscriminationRetaliationAdverse Employment ActionTimeliness of ClaimsPrima Facie CaseContinuing Violation Doctrine
References
25
Case No. 2014 NY Slip Op 06377
Regular Panel Decision
Sep 25, 2014

National Union Fire Ins. Co. of Pittsburgh, PA v. 221-223 W. 82 Owners Corp.

The Appellate Division, First Department, reversed a Supreme Court order, granting National Union Fire Insurance Company's motion for summary judgment against JRP Contracting, Inc. The court declared that National Union had no duty to defend or indemnify JRP in an underlying personal injury action. National Union successfully argued that the plaintiff's alleged injuries (ligament and meniscal tears) were not "grave injuries" under Workers' Compensation Law § 11. Additionally, National Union's policy contained an exclusion for "liability assumed under a contract," further absolving it from the contractual indemnification claim. JRP's claim of prejudice due to National Union's withdrawal from defense was also rejected, as National Union had expressly reserved its rights.

Summary JudgmentGrave InjuryWorkers' Compensation LawDuty to DefendDuty to IndemnifyInsurance Policy ExclusionContractual IndemnificationPersonal InjuryAppellate Review
References
4
Case No. ADJ10261356
Regular
Jun 03, 2017

MICHELE GONSALVES vs. LIVE NATION, GALLAGHER BASSETT SERVICES, INC.

This case concerns a petition for reconsideration and removal filed by Applicant Michele Gonsalves against Live Nation and Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was not filed from a "final" order as defined by law. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable harm to warrant this extraordinary remedy. The WCJ's report, which the Board adopted, supported both decisions.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
6
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