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. 2021 NY Slip Op 01845
Regular Panel Decision
Mar 25, 2021

Goya v. Longwood Hous. Dev. Fund Co., Inc.

This case from the Appellate Division, First Department, involves appeals related to a Labor Law action stemming from an incident on a fire escape ladder. The court modified several Supreme Court orders, granting summary judgment dismissal for A.A.D. Construction Corp. on a Labor Law § 241 (6) claim, while denying renewal for a Labor Law § 240 (1) claim. It also addressed complex issues of contractual indemnification and breach of contract for failure to procure insurance among various defendants and third-party defendants, including Longwood Housing Development Fund Co., Inc., Melcara Corp., AIM Construction of NY Inc., Clark & Wilkins Industries, Inc., Cross Contracting, Inc., and Triboro Maintenance Corp. The court affirmed in part, modified in part, and reversed a judgment dismissing a contribution claim, reinstating it.

Labor LawIndustrial CodeSummary JudgmentContractual IndemnificationBreach of ContractFailure to Procure InsuranceElevation-Related RiskFire Escape LadderStatutory AgentAnti-Subrogation
References
24
Case No. MISSING
Regular Panel Decision
Apr 15, 1983

American White Cross Laboratories, Inc. v. North River Insurance

Vincent Yeager, an employee of American White Cross Laboratories, Inc. (American), was injured during employment, leading to a lawsuit against a machine manufacturer, who then brought a third-party action against American for indemnification. American was covered by both a workers’ compensation policy from the State Insurance Fund and a general liability policy from North River Insurance Co. North River disclaimed liability, citing exclusions for workers’ compensation obligations and bodily injury to employees. American then initiated a fourth-party action against North River for contribution. The Supreme Court initially denied American's summary judgment motion and granted North River's cross-motion to dismiss, with leave to replead for indemnification. This court reversed, holding that North River's exclusions do not insulate it from American’s claims because the employer's liability to a third-party tort-feasor for an employee's injury arises from equitable apportionment, not directly from workers' compensation law, thus granting American's motion for summary judgment and denying North River's cross-motion.

Insurance coverage disputeGeneral liability policyWorkers' compensation exclusionContribution between tort-feasorsIndemnificationSummary judgmentFourth-party actionDole-Dow doctrineEquitable apportionmentEmployer liability
References
2
Case No. MISSING
Regular Panel Decision

Landgraff v. 1579 Bronx River Avenue, LLC

This personal injury action arises from allegations that plaintiff Anthony Landgraff sustained injuries during employment with J.H. Loewy, Inc., a plumbing subcontractor, while removing a sprinkler system at premises owned by 1575 Bronx River Avenue, LLC and renovated by LSK Smoked Turkey Products, Inc. The injured plaintiff fell from a scaffold due to insufficient safety devices. The appellate court reversed the lower court's decision, granting the plaintiffs' motion for partial summary judgment as to liability under Labor Law § 240 (1). The court also granted 1575 Bronx River Avenue, LLC's cross-motion for contractual indemnification against J.H. Loewy, Inc. and LSK Smoked Turkey Products, Inc., and LSK Smoked Turkey Products, Inc.'s cross-motion for contractual indemnification against J.H. Loewy, Inc. Additionally, 1575 Bronx River Avenue, LLC was found entitled to common-law indemnification from LSK Smoked Turkey Products, Inc. However, the court declined to grant summary judgment for 1575 Bronx River Avenue, LLC against J.H. Loewy, Inc. on common-law indemnification and against LSK Smoked Turkey Products, Inc. on contractual indemnification due to an inadequate record. The matter was remanded for further proceedings.

personal injuryscaffold accidentLabor Lawabsolute liabilityindemnificationcontractual indemnificationcommon-law indemnificationgrave injurysummary judgmentappellate review
References
17
Case No. 95 Civ. 5106(AGS)(SEG)
Regular Panel Decision

Envirosource, Inc. v. Horsehead Resource Development Co.

The United States Magistrate Judge Grubin issued an opinion concerning Envirosource, Inc.'s application for sanctions against Horsehead Resource Development Co. due to the latter's persistent failure to complete document production. The defendant's continuous non-compliance with discovery orders resulted in significant delays and increased expenses for the plaintiff. The court firmly rejected all of the defendant's arguments against the imposition of sanctions, emphasizing the mandatory nature of awarding attorney's fees under the Federal Rules of Civil Procedure. After a thorough review of the plaintiff's billing documentation, and implementing reductions for insufficient attorney experience details and excessive claimed hours, the court ultimately awarded Envirosource, Inc. $84,950.70 in attorney's fees.

Discovery AbuseSanctionsAttorney FeesDocument ProductionFederal Rules of Civil ProcedureCourt OrdersNon-complianceBad FaithMagistrate JudgeFee Calculation
References
20
Case No. MISSING
Regular Panel Decision

Johnson v. General Design and Development, Inc.

Jerry Johnson was severely injured in November 1991 when a drill bound, causing him to fall from a stepladder at a construction site. He and his spouse sued the general contractor, General Design and Development, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), among other claims. General subsequently initiated a third-party action against subcontractors Omni Plumbing Company and Thomas P. Pleat Construction, Inc., seeking contribution and indemnification. Plaintiffs were granted partial summary judgment on liability under Labor Law § 240 (1) by the Supreme Court. The defendants appealed, contending the injuries were not elevation-related. The appellate court affirmed the Supreme Court's order, ruling that the stepladder was inadequate and the accident constituted an elevation-related risk under Labor Law § 240 (1), thus establishing a prima facie violation.

Construction AccidentLabor LawFall from HeightScaffolding LawSummary JudgmentAppellate ReviewPersonal InjuryContractor LiabilitySubcontractor LiabilityIndemnification
References
11
Case No. 2020 NY Slip Op 05974 [187 AD3d 1099]
Regular Panel Decision
Oct 21, 2020

Zukowski v. Powell Cove Estates Home Owners Assn., Inc.

This personal injury action concerns Vincent Zukowski, who allegedly slipped and fell on ice at a construction site, claiming common-law negligence and Labor Law violations. The defendants, AVR-Powell C. Development Corp. and Powell Cove Associates, LLC, along with third-party defendant A-One Landscape Management, Inc., appealed the denial of their summary judgment motions. The Appellate Division modified the Supreme Court's order by granting A-One's motion regarding contractual indemnification and failure to procure insurance, and dismissing Jaman Development, LLC's cross-claim for contribution against A-One. The court affirmed the denial of summary judgment for the defendants, citing triable issues of fact regarding their negligence and notice of the dangerous condition under Labor Law § 200 and 12 NYCRR 23-1.7 (d).

Personal InjuryCommon-Law NegligenceLabor Law Section 200Labor Law Section 241(6)Slipping HazardsSummary JudgmentContractual IndemnificationFailure to Procure InsuranceThird-Party ActionConstruction Site Accident
References
14
Case No. MISSING
Regular Panel Decision

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

The court reviewed CPLR article 78 petitions challenging the New York State Urban Development Corp.'s (ESDC) modification of the Atlantic Yards Project plan under the State Environmental Quality Review Act (SEQRA). Petitioners argued ESDC irrationally maintained a 10-year project build-out date and failed to mandate a supplemental environmental impact statement (SEIS), despite significant project delays outlined in new agreements. The court found ESDC's continued use of the 10-year build date arbitrary and capricious and its environmental analysis inadequate, necessitating an SEIS to address prolonged construction impacts. However, the court denied a stay on Phase I construction, citing its advanced stage and prior environmental review.

Environmental ReviewSEQRAAtlantic Yards ProjectProject Build-Out DelaySupplemental Environmental Impact Statement (SEIS)Rational Basis ReviewArbitrary and CapriciousDevelopment AgreementMTA AgreementNeighborhood Character Impacts
References
19
Case No. 2004 NY Slip Op 24048 [3 Misc 3d 347]
Regular Panel Decision
Feb 25, 2004

Johnson v. Hudson Riv. Constr. Co., Inc.

This case addresses motions for summary judgment filed by defendants Hudson River Construction Co., Inc., Albany Asphalt & Aggregates Corp., and Robert C. Higley. The plaintiff, Carlynann V. Johnson, individually and as administratrix of the estate of Warren D. Johnson, sought damages for the death of Warren D. Johnson, who was crushed by a truck at a construction site. Defendants argued that Vehicle and Traffic Law § 1103 limited their liability to reckless conduct, eliminating a duty of care. The court denied the motions, holding that defendants failed to demonstrate a lack of duty to Johnson as an employee at a construction site and misapplied VTL § 1103, which does not apply to construction workers. The court also found that the defendants failed to establish that Johnson was the sole proximate cause of his injuries.

Summary Judgment MotionNegligence ActionConstruction Site FatalityWorkplace Safety DutyVehicle and Traffic Law InterpretationProximate Cause DisputeThird-Party LiabilityWrongful Death ClaimEmployer ResponsibilityHighway Construction Accident
References
14
Case No. MISSING
Regular Panel Decision

Arey v. M. Dunn, Inc.

Plaintiff Gerald Arey, a carpentry subcontractor, was injured when he fell from a roof during construction in a residential subdivision. He and his wife initiated an action against the property owner, M. Dunn, Inc., and contractors, Homeland Development Corporation and Peter Belmonte Builders, Inc., alleging a violation of Labor Law § 240 (1) for failure to provide adequate safety devices. The Supreme Court granted the plaintiffs' motion for partial summary judgment, a decision subsequently appealed by the defendants. Defendants contended that Arey was an employer and therefore not entitled to Labor Law protections, and attempted to assert contributory negligence and the recalcitrant worker defense. The appellate court affirmed the Supreme Court's ruling, concluding that the defendants failed to provide mandated safety devices, that contributory negligence is not a valid defense, and that the recalcitrant worker defense was inapplicable due to the absence of available safety devices at the site. The court underscored the nondelegable duty of owners and contractors under Labor Law § 240 (1).

Labor Law § 240 (1)Fall ProtectionConstruction AccidentPartial Summary JudgmentRecalcitrant Worker DefenseContributory NegligenceNondelegable DutySubcontractor InjuryAppellate AffirmationSafety Devices
References
10
Case No. MISSING
Regular Panel Decision
Mar 13, 2015

Malone v. Court West Developers, Inc.

Plaintiff Leslie Malone alleged personal injuries (asthma and permanent allergies) due to mold contamination while working at a bank branch owned by defendant Court West Developers, Inc. The Supreme Court granted the defendant's motion for summary judgment, dismissing the complaint as untimely under the statute of limitations. The Appellate Division reversed this decision, finding that the defendant failed to prove that the plaintiff's alleged exposure to the toxic substance did not occur within three years of commencing the action. The court also concluded that the plaintiff's initial symptoms were too intermittent and inconsequential to trigger the statute of limitations.

Statute of LimitationsToxic TortMold ExposurePersonal InjuryAsthmaAllergic ReactionSummary JudgmentAppellate ProcedureDiscovery RuleIntermittent Symptoms
References
7
Showing 1-10 of 11,798 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