CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. MISSING
Regular Panel Decision
Feb 24, 2012

Kuntz v. WNYG Housing Development Fund Co.

This case concerns a plaintiff's appeal from a denial of partial summary judgment in a Labor Law and common-law negligence action. The plaintiff sustained injuries after falling from a scaffold at a construction site. The core issue revolves around whether the defendants provided adequate safety devices under Labor Law § 240 (1) and if the plaintiff's own actions contributed to the fall. The Supreme Court denied both the plaintiff's motion and the defendants' cross-motion for summary judgment. The appellate court affirmed the decision, concluding that there were triable issues of fact regarding the adequacy of safety devices and whether the plaintiff's conduct was the sole proximate cause of the injuries.

scaffolding accidentLabor Lawsummary judgmentliabilitysafety devicesconstruction siteproximate causeappellate reviewpersonal injuryfall from height
References
10
Case No. MISSING
Regular Panel Decision

Konopczynski v. Adf Constr. Corp.

Plaintiff brought a Labor Law and common-law negligence action for injuries sustained after tripping in a floor depression at a worksite. The Supreme Court initially granted the defendant's motion for summary judgment, dismissing the complaint. On appeal, the order was modified. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim, agreeing that the floor depressions were an integral part of the construction. However, the court reinstated the Labor Law § 200 and common-law negligence claims, finding that the defendant failed to prove a lack of constructive notice regarding the hazardous conditions, despite the open and obvious nature of the depression.

Personal InjuryWorkplace AccidentTripping HazardSummary JudgmentPremises LiabilityConstructive NoticeComparative FaultLabor Law § 200Labor Law § 241(6)Common-Law Negligence
References
6
Case No. MISSING
Regular Panel Decision
Feb 10, 1998

Turchioe v. AT&T Communications, Inc.

Plaintiff, a laborer, sustained a back injury while manually transporting a heavy ductlift up a stairway with a co-worker, alleging the co-worker crouched and shifted the full weight onto him. The initial order granted summary judgment dismissing the plaintiff's Labor Law § 240 (1) and § 241 (6) claims. The appellate court modified this, dismissing the complaint in its entirety, including all cross claims and third-party actions. The Labor Law § 240 (1) claim was dismissed as the lifting activity was not a 'special hazard'. The Labor Law § 241 (6) claim lacked evidence of lighting violations or causation by debris. The Labor Law § 200 and common-law negligence claims were dismissed due to the absence of supervisory control by the owner or general contractor over the work.

Labor LawWorkplace InjurySummary JudgmentConstruction AccidentThird-Party ClaimsCommon Law NegligenceSupervisory ControlAppellate DecisionPremises LiabilityWorker Safety
References
4
Case No. MISSING
Regular Panel Decision

Wesley v. John Mullins & Sons, Inc.

Defendant John Mullins & Sons, Inc. moved to dismiss the plaintiff's pendent state law claim or, alternatively, to decertify the class action. The plaintiff had initially filed a class suit in February 1974, alleging violations of the Truth-in-Lending Act and the New York Retail Installment Sales Act. Although the action was tentatively certified as a class action, subsequent amendments to both federal and New York laws imposed significant limitations on recoveries in class actions involving statutory penalties. The court found that allowing the state law class claim to proceed would result in recoveries far exceeding federal limits and would contravene public policy against overwhelming penalty judgments. Therefore, the court dismissed the class action aspect of the plaintiff's state claim for lack of jurisdiction over the subject matter and decertified the class, while allowing the plaintiff to pursue an individual claim.

Pendent JurisdictionClass ActionTruth-in-Lending ActNew York Retail Installment Sales ActDismissal of ClaimDecertification of ClassStatutory PenaltiesFederal Question JurisdictionJudicial DiscretionFederal-State Conflict
References
10
Case No. MISSING
Regular Panel Decision

ZOLFAGHARI, MOSTAFA v. HUGHES NETWORK SYSTEMS, LLC

Plaintiff commenced a Labor Law and common-law negligence action after falling from a ladder while removing a satellite dish at a gas station. The Supreme Court denied plaintiff's motion for partial summary judgment on Labor Law §§ 240 (1) and 241 (6) and granted the defendants' cross-motions for summary judgment, dismissing the main complaint. The court also granted Atlanta's cross-motion for summary judgment, dismissing Exxon's third-party complaint for contractual indemnification, citing an express negation of third-party beneficiary intent. On appeal, the higher court rejected the plaintiff's arguments concerning Labor Law §§ 240 (1) and 241 (6), determining the work did not constitute 'alteration' or 'demolition'. Furthermore, Exxon's appeal regarding its coverage under the indemnification agreement was also rejected.

Labor LawNegligenceSummary JudgmentLadder FallSatellite Dish RemovalAlteration of BuildingDemolitionContractual IndemnificationThird-Party BeneficiaryAppellate Review
References
14
Case No. MISSING
Regular Panel Decision
Apr 25, 2011

Olsen v. Kozlowski

The plaintiff, an employee of L & A Builders, Inc., suffered injuries after falling from a residence under construction, initiating a Labor Law and common-law negligence action against the property owners, Shirley F. Kozlowski and Louis F. Kozlowski. The Supreme Court initially granted the plaintiff partial summary judgment against Shirley F. Kozlowski but this was challenged on appeal. The appellate court modified the order, denying the plaintiff's motion for partial summary judgment on liability in its entirety. This decision stemmed from a triable issue of fact concerning whether Shirley F. Kozlowski was an officer of the plaintiff's employer, L & A Builders, Inc., which could invoke the exclusivity provisions of Workers’ Compensation Law § 29 (6). Consequently, the order was affirmed as modified, ultimately denying the plaintiff's motion.

Personal InjuryLabor LawSummary JudgmentWorkers' CompensationProperty Owner LiabilityOfficer ImmunityAppellate ReviewConstruction AccidentFall from HeightOneida County
References
6
Case No. MISSING
Regular Panel Decision

Bruce v. Actus Lend Lease

The case concerns a plaintiff who sustained injuries when a roof truss broke and struck him, causing him to fall off a ladder during construction. The plaintiff initiated a Labor Law and common-law negligence action, moving for partial summary judgment under Labor Law § 240 (1). The defendant cross-moved for summary judgment to dismiss this claim. The court denied both motions, concluding that while the 'falling object' theory was inapplicable since the truss was rising, there remained an issue of fact under the 'falling worker' theory regarding the adequacy of safety devices and whether the plaintiff's conduct was the sole proximate cause of his injuries.

Workers' CompensationConstruction AccidentLabor LawSummary JudgmentElevation-Related RiskFalling WorkerProximate CauseSafety DevicesNegligencePanel Decision
References
9
Case No. MISSING
Regular Panel Decision
Apr 17, 1985

Kollmer v. Slater Electric, Inc.

The plaintiff appealed a judgment from the Supreme Court, Nassau County, which dismissed her causes of action alleging a violation of Labor Law § 241 (6) in an action for wrongful death. The decedent, an employee of Delta Wells Inc., was fatally injured by a backhoe on land owned by the defendant, Slater Electric, Inc. The trial court had dismissed the Labor Law claim and ruled an OSHA violation inadmissible. The Appellate Division reversed the judgment, holding that Labor Law § 241 (6) imposes a nondelegable duty on owners, irrespective of their control over the worksite, and that the plaintiff's offer of proof established a prima facie case. The court reinstated the plaintiff's causes of action and granted a new trial, but affirmed that the specific OSHA settlement was inadmissible as an admission.

Wrongful DeathLabor Law241(6)Nondelegable DutyConstruction AccidentBackhoe IncidentOSHA RegulationsPrima Facie CaseEvidence AdmissibilityNew Trial Granted
References
14
Case No. MISSING
Regular Panel Decision

Andrews v. Northwest Auto Mall

Plaintiff appealed an order from the Supreme Court, Monroe County, in a personal injury action. The original order had partially denied defendants' motion for summary judgment and granted plaintiff's cross-motion for partial summary judgment on liability. The plaintiff sustained injuries from a fall off a defective ladder while installing a security system, alleging Labor Law and common-law negligence. The appellate court affirmed the Supreme Court's decision, concluding that plaintiff was engaged in 'altering' a building under Labor Law § 240 (1) and that defendants violated this section by providing a defective ladder, which was the proximate cause of the plaintiff's injuries.

Personal InjuryLadder AccidentSummary JudgmentLabor LawAltering a BuildingDefective EquipmentProximate CauseAppellate AffirmationCommon-Law NegligenceNew York Appellate Court
References
4
Showing 1-10 of 18,423 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational