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Case Law Database

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

Case No. 2015 NY Slip Op 09656

Regular Panel Decision

Dec 30, 2015

Mateo v. 1875 Lexington, LLC

Felix Mateo sued 1875 Lexington, LLC for personal injuries. The defendant, 1875 Lexington, LLC, moved for summary judgment, asserting that Workers' Compensation benefits were the plaintiff's sole remedy because he was their employee and had received benefits. The Supreme Court, Kings County, denied this motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, granting the defendant's motion for summary judgment. The appellate court found that 1875 Lexington, LLC, successfully demonstrated its entitlement to judgment as a matter of law under the Workers' Compensation Law's exclusivity provisions, and the plaintiff failed to present a genuine issue of material fact to counter this.

Workers' Compensation LawSummary JudgmentPersonal InjuryExclusive RemedyAppellate DivisionEmployer-Employee RelationshipPrima Facie CaseBurden of ProofTriable Issue of FactTort Action

References

Case No. 2023 NY Slip Op 06308

Regular Panel Decision

Dec 07, 2023

Axelrod v. 44 Lexington Assoc., LLC

The Appellate Division, First Department, affirmed the Supreme Court's denial of summary judgment for Transition Management Corporation (TMC). The case concerned Nicole Axelrod's slip and fall, with TMC arguing its engineers were special employees of 44 Lexington Associates, LLC, absolving TMC of vicarious liability. However, the court found genuine issues of material fact. The service agreement indicated TMC retained control over its engineers, including responsibilities for payment, insurance, and the right to terminate employment, thus raising questions about the special employee doctrine. Additionally, unresolved factual issues persisted regarding whether TMC's employees created or exacerbated the hazard, and the scope of the service agreement's coverage, which included the restaurant where the incident occurred, further supported the denial of summary judgment and the survival of contractual indemnification cross-claims.

Summary judgmentVicarious liabilitySpecial employee doctrineControl over employeesService agreementContractual indemnificationSlip and fallNegligenceIssues of factAppellate Division

References

Case No. 2018 NY Slip Op 05543 [163 AD3d 1370]

Regular Panel Decision

Jul 26, 2018

Petti v. Town of Lexington

This appeal concerns whether a quarter-mile section of a rural roadway, known as the 'hairpin,' located on property held by Carolee Petti, as executor, constitutes a public highway by use. The Towns of Lexington and Shandaken had consistently plowed and maintained the road since 2000, and potentially earlier, leading to increased public traffic. Petti initiated an action under RPAPL article 15 to quiet title, challenging the public's right of access. The Supreme Court found in favor of the defendants, determining that the road, including the hairpin, had been continuously used by the public and maintained by the Towns for the requisite 10-year statutory period. The Appellate Division, Third Department, affirmed this decision, upholding the lower court's factual findings and credibility determinations, concluding that a preponderance of evidence supported the road's designation as a public highway.

public accessrural roadwayquiet titlehighway by usestatutory periodmunicipal maintenancecredibility assessmentreal property lawcivil procedureappellate review

References

Case No. 2021 NY Slip Op 05707 [198 AD3d 908]

Regular Panel Decision

Oct 20, 2021

Mulle v. Lexington Ins. Co.

Plaintiffs Joseph Mulle et al. appealed from an order of the Supreme Court, Queens County, in an action against Lexington Insurance Company for breach of an insurance policy. The Supreme Court had previously granted the defendant's motion for summary judgment dismissing claims related to an oil spill and denied the plaintiffs' cross-motion for summary judgment. The case stemmed from damages to the plaintiffs' home after Hurricane Sandy and a subsequent oil spill from a neighbor's displaced fuel tank, for which the insurer disclaimed coverage. The Appellate Division modified the Supreme Court's order by denying the defendant's motion for summary judgment regarding the oil spill claim, finding the insurer failed to establish a clear policy exclusion. However, the Appellate Division affirmed the denial of the plaintiffs' cross-motion for summary judgment, citing unresolved triable issues of fact.

Insurance PolicyHomeowner's InsuranceOil SpillHurricane SandySummary JudgmentPolicy ExclusionPollution ExclusionBreach of ContractAppellate ReviewProperty Damage

References

Case No. 6784-17

Regular Panel Decision

Aug 10, 2018

Vincent Crisafulli Testamentary Trust v. AAI Acquisition, LLC

Plaintiff Vincent Crisafulli Testamentary Trust brought an action against AAI Acquisition, LLC and United Electric Power, Inc. to enforce the terms of an alleged commercial lease and guarantee. Plaintiff sought to recover money damages for breach of a Letter Agreement and a Guaranty, and also under an assumed Lease. The Supreme Court, Albany County, granted the plaintiff's motion for summary judgment on the first cause of action, finding the Letter Agreement a valid and binding contract and awarding $193,350.23 in damages. However, the motion for summary judgment on the second cause of action (breach of Guaranty) was denied, as the court found the record insufficiently developed to establish United Inc.'s liability. The third cause of action, concerning the assumed Lease, was dismissed because the Letter Agreement superseded the original Lease.

Contract LawCommercial LeaseSummary Judgment MotionBreach of ContractGuaranty AgreementStatute of FraudsCondition PrecedentDamages AwardCounsel FeesCorporate Liability

References

Case No. MISSING

Regular Panel Decision

Sep 25, 2003

Peycke v. Newport Media Acquisition II, Inc.

The plaintiff, an employee of DSA Community Publishing, was allegedly injured after a slip and fall on ice in an office parking lot. She initiated an action for personal injuries against Newport Media Acquisition II, Inc., the building owner, and A. Ciesinski Snow Plowing, Inc., the company responsible for snow removal. The Supreme Court denied Newport's motion for summary judgment but granted A. Ciesinski's cross-motion. On appeal, the cross-appeal by the plaintiff was dismissed. The appellate court modified the order, affirming the denial of summary judgment for Newport but denying A. Ciesinski's motion to dismiss Newport's cross-claim for indemnification, citing triable issues of fact.

Personal InjurySlip and FallSummary JudgmentCross ClaimsIndemnificationWorkers' Compensation DefenseTriable Issues of FactAppellate ReviewNegligenceBuilding Owner Liability

References

Case No. MISSING

Regular Panel Decision

Lamberson v. Six West Retail Acquisition, Inc.

Plaintiff Gregory Lamberson, a Caucasian male, sued his employer, Six West Retail Acquisition Inc., and individuals Sheldon Solow and Jeffery Jacobs, alleging racial discrimination and retaliation under Title VII and New York law. Lamberson claimed he was unlawfully discharged after complaining about the reassignment of an African-American employee, Derrick Caver, from a public-facing role due to his appearance. The defendants moved for summary judgment, arguing Lamberson was fired for poor managerial judgment. The court granted summary judgment on the race discrimination claims, finding Lamberson, as a Caucasian, was not a member of a protected class and failed to show a hostile work environment or infringement on his right to interracial association. However, the court denied summary judgment on the retaliation claims, ruling that Lamberson raised a triable issue as to whether his complaints about Caver's reassignment were protected activity and if there was a causal connection to his discharge. Consequently, retaliation claims against Six West, Solow, and Jacobs survive.

DiscriminationRetaliationTitle VIIRace DiscriminationEmployment LawUnlawful DischargeSummary JudgmentManagerial DutiesEmployee ReassignmentHostile Work Environment

References

Case No. 2022 NY Slip Op 02363

Regular Panel Decision

Apr 12, 2022

Lewis v. 96 Wythe Acquisition LLC

The Appellate Division, First Department, addressed an appeal in a personal injury case where plaintiff William Lewis was struck by an unsecured metal beam at a construction site. The lower court had granted Lewis summary judgment on his common-law negligence and Labor Law §§ 200 and 240 (1) claims. However, the appellate court modified this decision, denying Lewis's motion for summary judgment. This denial was based on inconsistent deposition testimonies from Lewis regarding how the accident occurred, creating a triable issue of fact. Additionally, the court conditionally granted defendants 96 Wythe Acquisition LLC and Dimyon Development Corp.'s motion for summary judgment on their contractual indemnification claim against All Island Masonry & Concrete, Inc.

Labor LawSummary JudgmentCommon-law NegligenceContractual IndemnificationAppellate ReviewPersonal InjuryConstruction AccidentFactual DisputeWitness CredibilitySafety Device Failure

References

Case No. 2021 NY Slip Op 00019 [190 AD3d 422]

Regular Panel Decision

Jan 05, 2021

Lemache v. MIP One Wall St. Acquisition, LLC

Plaintiff Luis Lemache was injured when a pipe rolled onto his foot while relocating a concrete planter at a construction site. He sued MIP One Wall Street Acquisition, LLC and Gilbane Residential Construction, alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted defendants' motion for summary judgment on all claims and denied plaintiff's cross-motion. On appeal, the Appellate Division affirmed the dismissal of the Labor Law § 240 (1) claim but modified the order, denying defendants' motion with respect to the common-law negligence and Labor Law § 200 claims. The court found a triable issue of fact as to whether Gilbane Residential Construction exercised supervisory control over the work, particularly regarding safety standards and the use of licensed Bobcat operators.

Summary JudgmentCommon-Law NegligenceLabor Law § 200Labor Law § 240 (1)Construction AccidentSupervisory ControlTriable Issue of FactAppellate ReviewSafe Place to WorkForeman

References

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

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Updated Daily

Case Law Database

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

Case No. 2015 NY Slip Op 09656

Regular Panel Decision

Dec 30, 2015

Mateo v. 1875 Lexington, LLC

Workers' Compensation LawSummary JudgmentPersonal InjuryExclusive RemedyAppellate DivisionEmployer-Employee RelationshipPrima Facie CaseBurden of ProofTriable Issue of FactTort Action

References

Case No. 2023 NY Slip Op 06308

Regular Panel Decision

Dec 07, 2023

Axelrod v. 44 Lexington Assoc., LLC

Summary judgmentVicarious liabilitySpecial employee doctrineControl over employeesService agreementContractual indemnificationSlip and fallNegligenceIssues of factAppellate Division

References

Case No. 2018 NY Slip Op 05543 [163 AD3d 1370]

Regular Panel Decision

Jul 26, 2018

Petti v. Town of Lexington

public accessrural roadwayquiet titlehighway by usestatutory periodmunicipal maintenancecredibility assessmentreal property lawcivil procedureappellate review

References

Case No. 2021 NY Slip Op 05707 [198 AD3d 908]

Regular Panel Decision

Oct 20, 2021

Mulle v. Lexington Ins. Co.

Insurance PolicyHomeowner's InsuranceOil SpillHurricane SandySummary JudgmentPolicy ExclusionPollution ExclusionBreach of ContractAppellate ReviewProperty Damage

References

Case No. 6784-17

Regular Panel Decision

Aug 10, 2018

Vincent Crisafulli Testamentary Trust v. AAI Acquisition, LLC

Contract LawCommercial LeaseSummary Judgment MotionBreach of ContractGuaranty AgreementStatute of FraudsCondition PrecedentDamages AwardCounsel FeesCorporate Liability

References

Case No. MISSING

Regular Panel Decision

Sep 25, 2003

Peycke v. Newport Media Acquisition II, Inc.

Personal InjurySlip and FallSummary JudgmentCross ClaimsIndemnificationWorkers' Compensation DefenseTriable Issues of FactAppellate ReviewNegligenceBuilding Owner Liability

References

Case No. MISSING

Regular Panel Decision

Lamberson v. Six West Retail Acquisition, Inc.

DiscriminationRetaliationTitle VIIRace DiscriminationEmployment LawUnlawful DischargeSummary JudgmentManagerial DutiesEmployee ReassignmentHostile Work Environment

References

Case No. 2022 NY Slip Op 02363

Regular Panel Decision

Apr 12, 2022

Lewis v. 96 Wythe Acquisition LLC

Labor LawSummary JudgmentCommon-law NegligenceContractual IndemnificationAppellate ReviewPersonal InjuryConstruction AccidentFactual DisputeWitness CredibilitySafety Device Failure

References

Case No. 2021 NY Slip Op 00019 [190 AD3d 422]

Regular Panel Decision

Jan 05, 2021

Lemache v. MIP One Wall St. Acquisition, LLC

Summary JudgmentCommon-Law NegligenceLabor Law § 200Labor Law § 240 (1)Construction AccidentSupervisory ControlTriable Issue of FactAppellate ReviewSafe Place to WorkForeman

References

Case No. 2023 NY Slip Op 03905 [218 AD3d 733]

Regular Panel Decision

Jul 26, 2023

Cruz v. 451 Lexington Realty, LLC

Personal injuryLabor LawSummary judgmentFalling objectConstruction accidentWorkplace safetyDemolitionCommon-law negligenceIndemnificationAppellate review

References

Showing 1-10 of 83 results

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