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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
Case No. Index No. 303087/12, 83924/12, 83996/12, 83739/13, 84015/15, 84057/15, 84072/15 Appeal No. 16728 Case No. 2020-04517
Regular Panel Decision
Nov 29, 2022

Rucinski v. More Restoration Co., Inc.

Plaintiff Zbigniew Rucinski, an employee of subcontractor Skylights By George Co., Inc., sustained a traumatic brain injury while working at a property owned by Kraus Management Inc. and managed by Franklin Kite Housing Development Fund Corporation. The defendants, Kraus Management and Franklin Kite, moved for summary judgment for contractual indemnification against Skylights and opposed Skylights's motion to dismiss common-law indemnification and contribution claims. The Supreme Court conditionally granted defendants' motion for contractual indemnification but granted Skylights's motion to dismiss the common-law claims. The Appellate Division reversed this decision. It found that conflicting expert opinions on whether Rucinski suffered a 'grave injury' under Workers' Compensation Law § 11 created a triable issue of fact, thus precluding summary judgment for Skylights on the common-law claims. Furthermore, the Appellate Division determined that the defendants were entitled to unconditional summary judgment on their contractual indemnification claim against Skylights, as the contract did not require a finding of Skylights's negligence.

Appellate DivisionSummary JudgmentContractual IndemnificationCommon-Law IndemnificationContribution ClaimsWorkers' Compensation Law § 11Grave InjuryExpert WitnessTraumatic Brain InjurySubcontractor Liability
References
5
Case No. MISSING
Regular Panel Decision

Fludgate v. Management Technologies, Inc.

Barrington J. Fludgate sued Management Technologies, Inc. (MTI), Winter Partners, Inc. (WP), and Keith Williams, asserting claims under ERISA, New York labor law, and for wrongful interference with his employment agreement. Defendants sought to dismiss for lack of subject matter jurisdiction and for summary judgment on certain claims. Fludgate moved to amend his complaint and for an extension of time. The court granted defendants' motion to dismiss the ERISA claims, finding Fludgate's employment agreement did not establish an ERISA plan, thus lacking subject matter jurisdiction. Consequently, state law claims were also dismissed. However, Fludgate was granted leave to amend his complaint to include claims under the Securities Exchange Act of 1934.

ERISA ClaimsEmployment AgreementWrongful TerminationSubject Matter JurisdictionMotion to DismissSummary JudgmentLeave to AmendSecurities Exchange ActSeverance BenefitsEmployee Pension Benefits
References
21
Case No. MISSING
Regular Panel Decision

Chisolm v. Kidder, Peabody Asset Management, Inc.

Plaintiff O. Beirne Chisolm filed a federal lawsuit against Kidder, Peabody Asset Management, Inc. and Kidder, Peabody & Co., Inc., alleging age discrimination under the Age Discrimination in Employment Act. This federal action followed a similar state court lawsuit where Chisolm claimed violations of state labor and executive laws, alongside breach of contract. Defendants moved to stay the federal action and compel arbitration, having successfully done so in the parallel state court case. The federal court agreed with the state court's reasoning, granting the motion to compel arbitration, and found that Chisolm's U-4 Form mandated arbitration under NYSE Rules and NASD Code, as his claims arose from his employment. Additionally, the court denied the defendants' requests for Rule 11 and 28 U.S.C. § 1927 sanctions against the plaintiff's counsel, determining that Chisolm's arguments, although ultimately unsuccessful, were not groundless.

Age DiscriminationArbitration AgreementFederal Arbitration ActU-4 FormNYSE RulesNASD ArbitrationEmployment LawSanctionsRule 11Section 1927
References
29
Case No. MISSING
Regular Panel Decision

National Basketball Ass'n v. Design Management Consultants, Inc.

The National Basketball Association (NBA) and NBA Properties, Inc. (plaintiffs) initiated a civil contempt motion against Designer Management Consultants, Inc. (DMC) and Delroy Allen (defendants). Plaintiffs alleged that defendants violated a Preliminary Injunction on Consent, issued on August 11, 2003, by continuing to sell 'Disputed Merchandise' bearing NBA trademarks and failing to provide a complete accounting of these sales. The court found clear and convincing evidence of non-compliance regarding merchandise sales and accounting documentation. Consequently, the plaintiffs' motion for civil contempt was granted, with sanctions including a $2,500 daily fine for continued non-compliance after October 15, 2003, and an entitlement to net profits from the unlawful sales, to be determined later.

Trademark InfringementCivil ContemptPreliminary InjunctionTrademark DilutionUnfair CompetitionDeceptive ActsBrand ProtectionIntellectual PropertySanctionsCompliance
References
6
Case No. 2019 NY Slip Op 00372 [168 AD3d 536]
Regular Panel Decision
Jan 22, 2019

Malik v. Style Mgt. Co. Inc.

Plaintiff Karam Malik sustained personal injuries after slipping on ice on a roadway between two buildings. The ice allegedly formed from water discharged from a hose attached to a building owned by 514 West 44th Street, Inc., and used by Style Management Co., Inc., a taxi company operating from the same building. The Supreme Court initially granted summary judgment to 514 West 44th Street, Inc., but the Appellate Division reversed this decision. The Appellate Division found that 514 West failed to establish its entitlement to summary judgment as it did not conclusively prove it was an out-of-possession landlord, and genuine issues of fact existed regarding its potential liability for creating the dangerous condition given its close connection with Style Management Co., Inc.

Slip and FallIce AccumulationPremises LiabilityLandowner DutySummary Judgment MotionAppellate ReversalCorporate Alter EgoProximate CauseDangerous ConditionPublic Sidewalk Liability
References
8
Case No. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
3
Case No. MISSING
Regular Panel Decision
Jul 26, 2000

AIU Insurance v. Unicover Managers, Inc.

This case involves plaintiff insurance companies, AIG, seeking a declaration that defendant ReliaStar Life Insurance Company was bound to reinsure AIG for certain workers' compensation risks based on reinsurance slips signed by Unicover Managers, Inc., ReliaStar's managing general underwriter. The Supreme Court, New York County, dismissed AIG's complaint against ReliaStar and Unicover, and ReliaStar's third-party complaint against E.W. Blanch Company. The appellate court affirmed the dismissal, finding that the parties' correspondence and conduct established that reinsurance would only be bound upon ReliaStar's own signature, negating any actual or apparent authority of Unicover or ratification by ReliaStar. Estoppel and misrepresentation claims against both defendants were also dismissed. The judgment was modified to explicitly dismiss all remaining cross claims and counterclaims, and the initial dismissal was otherwise affirmed.

Reinsurance AgreementSummary JudgmentContract InterpretationAgency AuthorityApparent AuthorityRatificationEstoppelMisrepresentationWorkers' Compensation RisksCross Claims
References
3
Case No. 2015 NY Slip Op 04613
Regular Panel Decision
Jun 03, 2015

Kiskiel v. Stone Edge Management, Inc.

The injured plaintiff, Edward Kiskiel, a New York City sanitation worker, allegedly slipped and fell on a puddle of wet paint in a parking lot. The defendant, Stone Edge Management, Inc., managed an adjoining condominium complex that had an easement over the parking lot. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint. On appeal, the Appellate Division, Second Department, reversed the order, holding that the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating it neither created the hazardous condition nor had actual or constructive notice of its existence. The court found the condition was transient and not visible prior to the accident, and there was no evidence, only speculation, that the defendant created it. Thus, the defendant's motion for summary judgment was granted.

Slip and FallPremises LiabilitySummary JudgmentConstructive NoticeHazardous ConditionParking Lot AccidentProperty ManagementAppellate ReviewNegligencePersonal Injury
References
4
Case No. MISSING
Regular Panel Decision

Claim of Fisher v. SDAM Management, Inc.

Claimant, a taxicab driver, sought workers' compensation benefits after an accident. SDAM Management, Inc. disputed the claim, denying an employer-employee relationship. The Workers' Compensation Law Judge, and subsequently the Workers' Compensation Board, found that such a relationship existed between the claimant, SDAM, and its principal John Lewis, citing Lewis's role in licensing and SDAM's in dispatching. SDAM and its carrier appealed these decisions. The appellate court affirmed the Board's finding, concluding it was supported by substantial evidence and that the Board's factual determination of an employer-employee relationship should not be disturbed.

Employer-employee relationshipTaxicab driverSubstantial evidenceAppellate reviewAgency controlWorkers' Compensation Law JudgeFactual determinationPrincipal liabilityBusiness entityAppeal affirmed
References
2
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