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

Case No. 13-99-271-CV
Regular Panel Decision
Aug 30, 2002

West, Randy and Antonia West v. Maintenance Tool and Supply Co., Inc. and Rene Rodriguez, Individually and as Representative of Maintenance Tool and Supply Co., Inc.

The appellants, Randy and Antonia West, appealed a default summary judgment granted in favor of appellees, Maintenance Tool & Supply Co., Inc. and Rene Rodriguez. The claims at issue were workers' compensation retaliation and defamation, along with sanctions imposed against West's counsel. The appellate court affirmed the trial court's grant of summary judgment on the retaliation claim, finding that Maintenance Tool & Supply Co. established a legitimate, non-discriminatory reason for West's termination and that West had adequate notice of the hearing. The defamation claim was also affirmed for summary judgment due to judicial proceeding privilege. However, the court reversed the order imposing sanctions, ruling that the trial court abused its discretion by not providing notice and an evidentiary hearing as required by procedural rules before imposing sanctions.

Summary judgmentWorkers' compensation retaliationDefamationRule 13 sanctionsAbuse of discretionNotice of hearingMotion for new trialCausation employment lawJudicial proceeding privilegeAttorney conduct
References
35
Case No. 2021 NY Slip Op 02129
Regular Panel Decision
Apr 07, 2021

Commodore Maintenance Corp. v. Insight Cos., Inc.

Commodore Maintenance Corporation, an employer, sued its insurance broker, Insight Companies, Inc., for negligence, breach of contract, and breach of fiduciary duty. Commodore alleged that Insight failed to timely notify two insurance carriers, Atlantic Specialty Insurance Company and the New York State Insurance Fund (NYSIF), about an employee's accident and subsequent lawsuit. This failure led both insurers to disclaim coverage. The Supreme Court, Westchester County, granted Commodore's motion for summary judgment on liability and declared Insight obligated to indemnify Commodore in connection with the underlying actions. The Appellate Division, Second Department, affirmed this decision, finding that Commodore established a special relationship with Insight, a breach of duty, and proximate causation. The court also rejected Insight's defense regarding the applicability of Insurance Law § 3420. The matter was remitted to the Supreme Court for entry of a judgment declaring Insight's indemnification obligation.

NegligenceBreach of ContractBreach of Fiduciary DutyInsurance Broker LiabilitySummary JudgmentIndemnificationLate Notice of ClaimDeclaratory JudgmentAppellate ReviewProximate Cause
References
15
Case No. MISSING
Regular Panel Decision

Wilson v. Hyatt Corp.

The plaintiff initiated an action to recover damages for personal injuries after slipping and falling on a wet door mat at the Grand Hyatt Hotel. She sued the hotel owners and two contractors, Harvard Maintenance, Inc., and Platinum Maintenance Services Corp. The defendants Harvard and Platinum moved for summary judgment, which the Supreme Court, Queens County, denied. On appeal, the higher court reversed the Supreme Court's order, granting the defendants' separate motions for summary judgment. The appellate court found that Harvard and Platinum established, prima facie, that they did not assume a comprehensive and exclusive maintenance obligation and did not launch a force or instrumentality of harm, thus owing no duty of care to the plaintiff.

Personal InjuryPremises LiabilitySummary JudgmentContractor LiabilityDuty of CareSnow RemovalSlip and FallMaintenance AgreementAppellate ReviewNegligence
References
14
Case No. MISSING
Regular Panel Decision

Brooks v. Maintenance Service Resources, Inc.

The plaintiff was injured on March 3, 1995, after stepping into an opening in a raised floor at her office. The opening was made by Universal Builders & Developers Corp. workers at the request of Allied Exterminating workers, who were performing pest control services. Allied was hired by Maintenance Service Resources, Inc., which had a contract with HIP of Greater New York (plaintiff's employer) for maintenance and pest control. The plaintiff sued Maintenance, and Maintenance then filed a third-party complaint against Allied for contribution or indemnification. A jury found both Allied and Maintenance negligent, assigning 40% fault to Allied and 60% to Maintenance. The Supreme Court, Kings County, issued an interlocutory judgment based on this verdict. On appeal, the court found no rational basis for the jury's conclusion that Maintenance was negligent, as Maintenance did not own or occupy the office, nor did it have a comprehensive maintenance obligation or control over the work. Consequently, the appellate court reversed the interlocutory judgment and dismissed both the plaintiff's complaint against Maintenance and Maintenance's third-party complaint against Allied.

Personal InjuryNegligencePremises LiabilityThird-Party ActionAppellate ReviewDismissal of ComplaintContribution and IndemnificationJury VerdictFault ApportionmentContractual Obligation
References
7
Case No. 01-12-00216-CV
Regular Panel Decision
Feb 04, 2014

Hand & Wrist Center of Houston, P.A. and SCA Houston Hospital for Specialized Surgery L.P. v. Maintenance Supply Headquarters, LP

Appellants Hand & Wrist Center, P.A. and SCA Houston Hospital for Specialized Surgery, L.P. appealed the trial court's summary judgment in favor of Maintenance Supply Headquarters, L.P., concerning a breach of contract claim. The dispute arose from a "Letter of Guarantee" signed by Maintenance Supply for medical services provided to an injured employee, Daniel Contreras, whose workers' compensation claim was denied. Maintenance Supply argued estoppel and the applicability of the Labor Code's exclusive remedies provision. The Court of Appeals found the estoppel defense inapplicable and, crucially, ruled that Labor Code section 408.001(a)'s exclusive remedies provision applies only to employees and their beneficiaries, not to health care providers. Consequently, the appellate court reversed the summary judgment and remanded the case for further proceedings.

Breach of contractSummary judgmentWorkers' compensationExclusive remedyHealth care providersStatutory interpretationTexas Labor CodeEstoppelLetter of GuaranteeAppellate review
References
10
Case No. MISSING
Regular Panel Decision

Organized Maintenance, Inc. v. Brock (In Re Organized Maintenance, Inc.)

Organized Maintenance, Inc. (OMI), a Chapter 11 debtor, initially secured a Bankruptcy Court order in April 1985 that stayed the U.S. Department of Labor from pursuing debarment proceedings against OMI under the Service Contract Act, related to pre-bankruptcy wage and fringe benefit violations. The Bankruptcy Court's order also nullified a prior debarment decision and denied the defendants' motion to dismiss. The defendants, including the Secretary of Labor, appealed this decision to the District Court. During the appeal, OMI expressed its desire to withdraw the adversary proceeding and consented to the continuation of debarment processes. Consequently, the District Court vacated the Bankruptcy Court's order as moot, dismissed the adversary proceeding, and permitted the defendants to resume debarment proceedings against OMI, with each party bearing its own costs.

BankruptcyService Contract ActDebarmentWage ViolationsMootnessAdversary ProceedingFederal Government ContractsChapter 11Federal Rules of Civil ProcedureAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Wider v. Heritage Maintenance, Inc.

Plaintiff Todd Wider brought an action against his insurer, Paramount Insurance Company, and Heritage Maintenance, Inc., for property damage caused by Heritage's negligent cleaning work. Paramount disclaimed coverage, prompting Wider to sue for breach of policy. Paramount moved for summary judgment, asserting policy exclusions for rain damage and faulty workmanship/maintenance. The court partially granted Paramount's motion, finding the faulty workmanship exclusion applied to damage from August 2004 but not the September 2004 incident, as the rain limitation was inapplicable due to Heritage's role in tarp placement.

Insurance PolicyProperty DamageSummary JudgmentFaulty WorkmanshipFaulty MaintenanceRain ExclusionCommercial PolicyCoverage DisputeProximate CauseContract Interpretation
References
23
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Union-Endicott Central School District & Union-Endicott Maintenance Workers' Ass'n ex rel. Kolmel

Petitioner Peters appealed a Supreme Court order denying a stay of arbitration between Peters and the Union-Endicott Maintenance Workers’ Association, and George Kolmel. Kolmel, a maintenance worker, had resigned but was subsequently terminated after allegations of a sex offense. The Union filed a grievance asserting a violation of the collective bargaining agreement regarding retirement health benefits, arguing Kolmel met the eligibility requirements despite his termination. The Supreme Court compelled arbitration, a decision affirmed by the appellate court. The court ruled that arbitration of postemployment health benefits is permissible, not against public policy, and falls within the broad arbitration clause of the CBA, regardless of the employee's termination for misconduct.

Arbitration DisputeCollective Bargaining AgreementRetirement Health BenefitsEmployee DismissalMisconduct AllegationsPublic Policy ProhibitionArbitrabilityPostemployment BenefitsAppellate AffirmationLabor Law
References
14
Case No. 2014 NYSlipOp 06570 [121 AD3d 661]
Regular Panel Decision
Oct 01, 2014

Renaissance Equity Holdings, LLC v. Al-An Elevator Maintenance Corp.

This case involves a dispute between Renaissance Equity Holdings, LLC (plaintiff) and Al-An Elevator Maintenance Corporation (defendant) concerning a 10-year elevator maintenance contract. The defendant ceased services, alleging unsafe premises. The plaintiff subsequently sued for breach of contract and fraud. The Supreme Court partially dismissed the plaintiff's claims, specifically regarding consequential damages for breach of contract and the entire fraud cause of action. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the breach of contract claim was adequately pleaded, the limitation on liability for consequential damages was enforceable, and the fraud claim was properly dismissed as it was not collateral to the contract.

Breach of ContractFraudElevator Maintenance AgreementConsequential DamagesMotion to DismissCPLR 3211Condition PrecedentLimitation on LiabilityAppellate Review
References
21
Case No. MISSING
Regular Panel Decision

Majekodunmi v. Majekodunmi

The parties, married in Nigeria in 1971, commenced divorce proceedings in August 2000. Plaintiff was awarded maintenance of $420 per month until February 2004 and $2,000 in counsel fees, while defendant's request for child support for their daughter Adetoro was denied. On appeal, the court affirmed the maintenance duration and counsel fees, citing the parties' frugal pre-divorce lifestyle and plaintiff's spending habits. However, the court found an abuse of discretion in denying child support, directing plaintiff to pay $32.24 weekly, emphasizing that obligations are based on ability to provide support, not just current financial condition.

DivorceMaintenanceChild SupportCounsel FeesAppellate DecisionMarital Standard of LivingEarning CapacityFinancial ConditionSpousal SupportSchenectady County
References
7
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