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

Case No. MISSING
Regular Panel Decision
Jan 12, 1998

Cataudella v. Kings Bay Housing Section II, Inc.

Plaintiff Alfred Cataudella sought damages for personal injuries, alleging a violation of Labor Law § 240 (1). Defendants Kings Bay Housing Section II, Inc., and Elm Management Co. moved for summary judgment to dismiss this claim, which was initially granted but later denied by the Supreme Court upon the plaintiffs' successful motion for renewal and reargument. On appeal, the higher court modified the lower court's decision, ruling that Labor Law § 240 (1) did not apply as the plaintiff's injuries were not from an elevation-related hazard. Consequently, the appellate court denied the plaintiffs' motion for renewal and reargument, thus effectively granting the defendants' motion for summary judgment and dismissing the Labor Law § 240 (1) claim. Furthermore, the third-party defendant Walcat Plumbing and Heating Corp.'s motion to vacate an order of default was affirmed.

Personal InjurySummary JudgmentAppealLabor Law § 240 (1)Elevation-Related HazardDefault JudgmentVacate DefaultProcedural LawNew York LawAppellate Division
References
4
Case No. MISSING
Regular Panel Decision
Dec 16, 1947

Douds v. Wine, Liquor & Distillery Workers Union, Local 1

The Regional Director of the National Labor Relations Board filed a petition for injunctive relief against Local 1, alleging violations of Section 8(b), subsection (4)(A) of the National Labor Relations Act. The petition was based on charges filed by Schenley Distillers Corporation and Jardine Liquor Corporation. A temporary restraining order was initially granted on December 11, 1947, after a hearing. However, upon further hearing on December 16, 1947, the court found a significant change in the factual situation, noting that the labor difficulties had been adjusted and the danger of irreparable damage was no longer present. Consequently, the court vacated the temporary restraining order, stating that it would not pass upon the ultimate merits of the issues at that time.

Injunctive ReliefLabor RelationsNational Labor Relations ActTemporary Restraining OrderVacated OrderUnfair Labor PracticesSecondary BoycottLabor DisputeFederal CourtDistrict Court
References
18
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. 2025 NY Slip Op 02008 [237 AD3d 429]
Regular Panel Decision
Apr 03, 2025

Hartrum v. Montefiore Hosp. Hous. Section II Inc.

Plaintiff Kyle Hartrum, an employee of Electronic Service Solutions, Inc. (ESS), sustained severe arm lacerations while removing communications equipment from a building roof owned by Montefiore Hospital Housing Section II Inc. The accident occurred when a piece of sheet metal being hand-hoisted swung and struck him. The Appellate Division modified the lower court's decision, granting Hartrum summary judgment on his Labor Law § 240 (1) claim against Monte Housing, SBA Site Management, LLC, Flo TV Incorporated, and KMB Design Group, LLC. The court also dismissed Hartrum's Labor Law § 200 and common-law negligence claims against all defendants and granted several contractual indemnity claims among the parties, including Montefiore, SBA, Flo, KMB, and ESS.

Labor Law § 240(1) LiabilitySafe Place to WorkSummary Judgment GrantContractual IndemnificationConstruction Site AccidentHoisting SafetyAppellate Division ReviewLessor/Sublessor LiabilityMeans and Methods of WorkNegligence Dismissal
References
12
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. MISSING
Regular Panel Decision

Claim of Geddes v. Salvation Army

This case involves an appeal by a self-insured employer from a decision of the Workmen’s Compensation Board. The Board ruled that the claimant, a commissioned minister, was a covered employee under the Workmen’s Compensation Law at the time he injured his right index finger operating a baling machine. The Board found the claimant was engaged in manual labor, not ministerial duties, and thus not excluded from coverage under Section 3, Subd. 1, Group 18. The court affirmed the decision, concurring that the exclusionary provision for 'commissioned ministers' in group 18 did not apply here, as operating a baling machine constitutes hazardous employment under group 7 of subdivision 1 of section 3, entitling the claimant to an award. The court also clarified that the exclusion for commissioned ministers in group 18 does not extend beyond that specific group.

Workmen’s Compensation LawHazardous EmploymentMinisterial ExclusionBaling Machine InjuryManual WorkEmployee CoverageAppellate ReviewStatutory InterpretationSection 3 Group 18Section 3 Group 7
References
3
Case No. MISSING
Regular Panel Decision

Reyes v. Erickson

The court addressed an action brought by seven Latino tenants against defendant Sandra Erickson and the New York City Department of Housing, Preservation, and Development (HPD), alleging discrimination in the administration of the Neighborhood Entrepreneurs Program (NEP) and denial of participation in the Tenant Interim Lease (TIL) program. Plaintiffs’ claims under 42 U.S.C. §§ 1981, 1983, and the Housing and Community Development Act (HCDA) were challenged by defendants’ motions to dismiss. The court dismissed the Section 1983 claims for lack of subject matter jurisdiction, citing the availability of state Article 78 proceedings. Claims under the HCDA (42 U.S.C. § 5309 and 24 C.F.R. §§ 6.1 and 91.1) were also dismissed, as the court found no private right of action under these provisions. Finally, the Section 1981 claim was dismissed due to insufficient pleading of intentional racial discrimination, and the remaining state law claims were declined supplemental jurisdiction.

Civil RightsHousing DiscriminationTenant RightsNeighborhood Entrepreneurs Program (NEP)Tenant Interim Lease (TIL) programSubject Matter JurisdictionRule 12(b)(1)Rule 12(b)(6)Private Right of ActionArticle 78 Proceeding
References
30
Case No. MISSING
Regular Panel Decision
Apr 02, 2002

Fuga v. St. Moritz Holding, LLC

The Supreme Court, New York County, affirmed an order granting a laborer partial summary judgment against the owner and general contractor for liability under Labor Law § 240 (1). The laborer sought recovery for personal injuries sustained when a scaffold collapsed. The defendants contested summary judgment, citing the plaintiff's non-compliance with a discovery order to produce coworker addresses. However, the court ruled that the defendants had sufficient time to locate the coworkers and that the requested disclosure was futile. This futility was based on the defendants' own admissions regarding a malfunctioning scaffold part and the absence of a safety harness, rendering coworker testimony irrelevant to liability under section 240 (1). The court also emphasized that comparative negligence is not a valid defense for a Labor Law § 240 (1) violation.

Scaffold CollapsePersonal InjurySummary JudgmentLabor LawStatutory LiabilityDiscovery DisputeCoworker TestimonyFutility of DisclosureComparative NegligenceConstruction Accident
References
3
Case No. MISSING
Regular Panel Decision

Morelock v. Danbrod Realty Corporation

Plaintiff, injured due to a scaffold collapse during a house renovation project overseen by Joel Levin for Danbrod Realty Corporation, initiated a personal injury lawsuit, alleging negligence and violations of Labor Law sections 200, 240(1), and 241(6) against Danbrod, Levin, and Morton Schermerhorn, Jr. The Supreme Court initially granted Danbrod's cross-motion for summary judgment on the Labor Law § 240(1) claim. However, on appeal, the court determined that Danbrod, a real estate development corporation purchasing the property solely for commercial renovation and resale, did not qualify for the homeowner exemption from strict liability under Labor Law § 240(1). Consequently, the appellate court reversed the lower court's decision regarding Danbrod and awarded summary judgment to the plaintiff on the issue of liability against Danbrod.

Labor Lawscaffold collapsepersonal injurysummary judgmentstrict liabilityowner liabilitycommercial use exemptionreal estate developmentrenovation projectAppellate Division
References
5
Case No. MISSING
Regular Panel Decision

Cun-En Lin v. Holy Family Monuments

Plaintiff Lin was injured when a gantry crane collapsed while he was reinforcing its support rods, leading him to file claims under Labor Law sections 200, 240 (1), and 241 (6). The court granted Lin's motion for partial summary judgment on the section 240 (1) claim, determining that the gantry crane qualifies as a 'structure' and the lack of a safe working platform was the proximate cause of his injury. Conversely, the defendant's motion to dismiss the claims under sections 200 and 241 (6) was denied. This denial was based on the defendant's failure to demonstrate a lack of supervisory control or notice of the unsafe condition, and the specificity of Industrial Code section 23-1.5 (c) (1) as a predicate for liability. Additionally, the court approved the plaintiff's request to consolidate this action with a related case.

Gantry crane collapseLabor Law Section 240 (1)Elevated workSummary judgmentIndustrial Code 23-1.5Worker injuryWorkplace safetyScaffold lawProximate causeUnsafe condition
References
7
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