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

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. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
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. 2021 NY Slip Op 08220 [192 AD3d 859]
Regular Panel Decision
Mar 17, 2021

Cruz v. 1142 Bedford Ave., LLC

The case involves Maximo Cruz, who sustained left hand injuries while operating a table saw at a Brooklyn construction site. He sued 1142 Bedford Avenue, LLC, J. Vasquez Meat Corp., and 2 Big Meadow Lane, LLC, alleging violations of Labor Law and Industrial Code provisions related to workplace safety. The Appellate Division modified a Supreme Court order, denying 2 Big Meadow's motion for summary judgment by finding triable issues regarding its 'owner' status under Labor Law § 241 (6). Furthermore, the court granted the plaintiffs' cross-motion for summary judgment on liability against 1142 Bedford Avenue, LLC, and J. Vasquez Meat Corp., concluding that the malfunctioning table saw without proper safety features was the proximate cause of the injuries. This decision reaffirms the nondelegable duty of owners and contractors to ensure a safe work environment and comply with specific safety regulations.

Construction accidentPersonal injuryLabor Law Section 241(6)Industrial CodeSummary judgment motionOwner liabilityProximate causeTable sawWorkplace safetyAppellate Division
References
23
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. 2017 NY Slip Op 08303
Regular Panel Decision
Nov 28, 2017

Prevost v. One City Block LLC

Plaintiff Ronald Prevost, a laborer, was injured after slipping on a loose sprinkler pipe at a construction site owned by One City Block LLC. He and his wife sued One City for common-law negligence and Labor Law violations. One City then commenced a third-party action against Island Fire Sprinkler, Inc., the subcontractor responsible for installing the sprinkler system, seeking contractual and common-law indemnification and alleging breach of contract for failure to procure insurance. The Supreme Court denied various summary judgment motions. On appeal, the Appellate Division modified the order, granting One City's motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims, and granting One City's claim for contractual indemnification by Island Fire. The court also denied Island Fire's motion for summary judgment dismissing One City's claim against it for contractual indemnification and breach of contract for failure to procure insurance. Finally, the Appellate Division affirmed the denial of One City's motion for post-note-of-issue discovery seeking additional independent medical examinations of plaintiff.

Construction accidentLabor LawPremises liabilitySummary judgmentContractual indemnificationBreach of contractInsurance procurementPost-note-of-issue discoveryIndependent medical examinationAppellate procedure
References
16
Case No. MISSING
Regular Panel Decision

Buckley v. City of New York

This case addresses the continued applicability of the fellow-servant rule in New York. It consolidates two appeals: Buckley v City of New York, involving a police officer shot by a co-worker, and Lawrence v City of New York, where a firefighter was injured by a fellow firefighter. Both plaintiffs secured jury verdicts against the City based on vicarious liability, which the City challenged under the fellow-servant rule. The court reviewed the historical origins and rationales of the rule, noting its significant curtailment by workers' compensation legislation and prior judicial criticism. Ultimately, the court found that the fellow-servant rule no longer serves a valid purpose and imposes an unjust hardship, leading to its complete abolition in New York. The Appellate Division's orders affirming the judgments against the City were affirmed.

abolition of fellow-servant rulerespondeat superiorvicarious liabilityemployer liabilityco-employee negligencepolice officer injuryfirefighter injurycommon law developmentjudicial precedenttort law
References
9
Case No. 2019 NY Slip Op 06384
Regular Panel Decision
Aug 28, 2019

Gurewitz v. City of New York

The plaintiffs, employees of NASDI, LLC, were injured while performing construction work at the St. George Ferry Terminal in Staten Island when a temporary chain-link fence, installed by Conti of New York, LLC, was blown over and struck them. The City of New York and New York City Department of Transportation had retained Conti as the general contractor, who then hired NASDI as a subcontractor. The injured plaintiffs commenced a consolidated action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against various defendants, including HAKS Group, Inc., and later HAKS Engineers, Architects and Land Surveyors, P.C. This decision by the Appellate Division, Second Department, modifies an order of the Supreme Court, Richmond County. The Appellate Division granted summary judgment to HAKS Group, Inc., dismissing all cross claims against it, and granted NASDI, LLC's motion for summary judgment dismissing the third-party complaint. It also denied the plaintiffs' motions for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against the City defendants and Conti, granting summary judgment to the City defendants and Conti for dismissal of those specific claims. The court affirmed the denial of summary judgment for the City defendants on Labor Law § 200 and common-law negligence claims, finding triable issues of fact.

Construction AccidentLabor LawSummary JudgmentIndemnificationThird-Party ActionPremises LiabilityDangerous ConditionFalling ObjectSubcontractor LiabilityGeneral Contractor Liability
References
20
Case No. MISSING
Regular Panel Decision

Astra Media Group, LLC v. Clear Channel Taxi Media, LLC

Plaintiff Astra Media Group, LLC sued defendants Clear Channel Taxi Media, LLC and the New York City Taxi and Limousine Commission (TLC) alleging federal and state antitrust violations, discrimination, and tortious interference. Astra claimed Clear Channel conspired with the TLC to ban its four-sided taxi rooftop advertising, engaged in predatory pricing, filed baseless lawsuits, and destroyed property. The court granted Clear Channel's motion to dismiss the antitrust and tortious interference claims, citing lack of plausible allegations and immunity under the Noerr-Pennington doctrine. The TLC's motion for summary judgment on the discrimination claim was also granted due to Astra's failure to provide specific supporting facts. The court consequently dismissed the complaint in its entirety.

Antitrust LawSherman ActDonnelly ActTortious InterferencePredatory PricingNoerr-Pennington DoctrineEqual Protection ClauseMotion to DismissSummary JudgmentTaxi Advertising Regulation
References
55
Case No. MISSING
Regular Panel Decision
Sep 15, 1995

Curran v. City of New York

The City of New York, as a defendant third-party plaintiff, appealed an order from the Supreme Court, Richmond County, dated September 15, 1995. The original order had granted a motion by third-party defendant E.E. Cruz & Co., Inc. to dismiss the City's claim for common-law indemnification and contribution entirely. The appellate court modified the order, ruling that the dismissal should only apply to common-law indemnification up to the $1,000,000 limit of the Aetna insurance policy. This decision was based on the antisubrogation rule, as Aetna insured both the City and E.E. Cruz under the same policy. The modified order was subsequently affirmed.

Common-law indemnificationContributionAntisubrogation ruleInsurance policy limitsThird-party plaintiffThird-party defendantAppellate reviewPersonal injuries damagesInsurance lawMotion to dismiss
References
1
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