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

Case No. Action No. 1
Regular Panel Decision

Felicciardi v. Town of Brookhaven

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. MISSING
Regular Panel Decision
Dec 01, 1994

Kuznetz v. County of Nassau

The plaintiff, an adjunct professor at Nassau Community College, suffered a fractured ankle after tripping on a staircase at the college. After receiving workers' compensation benefits, she filed a negligence action against the College, the Board of Trustees, and the County of Nassau, alleging negligent maintenance. The defendants moved for summary judgment, arguing the action was barred under Workers' Compensation Law § 11 as they were joint employers. The Supreme Court denied this motion, but the appellate court reversed the decision. The appellate court found sufficient evidence to establish that the County, the College, and the Board of Trustees were indeed the plaintiff's joint employers, thus barring the negligence action. Consequently, the defendants' motion for summary judgment should have been granted, dismissing the complaint against all parties.

NegligencePersonal InjuryWorkers' Compensation LawJoint EmployerSummary JudgmentAppellate ReviewNassau Community CollegeCounty of NassauEducation LawTrip and Fall
References
4
Case No. MISSING
Regular Panel Decision
Jan 05, 1999

Light v. Antedeminico

Roger Light, a maintenance worker for Pawling Corp., initiated this action against Anthony Antedeminico d/b/a Tony’s Construction, a subcontractor, seeking damages for personal injuries sustained after falling into an excavated pit. The Supreme Court, Dutchess County, initially denied the defendant's motion for summary judgment to dismiss the common-law negligence claim, maintaining that triable issues of fact existed regarding the defendant's potential negligence. Upon reargument, the Supreme Court adhered to its original decision, prompting the defendant to appeal. The appellate court subsequently reversed the lower court's order, granting the defendant's motion for summary judgment and dismissing the common-law negligence cause of action. The court reasoned that the defendant successfully demonstrated a lack of sufficient control over the construction site, thereby owing no duty of care to the injured plaintiff, and the plaintiffs failed to present a triable issue of fact to counter this.

Personal InjuryCommon-Law NegligenceSummary JudgmentAppellate ReviewDuty of CareConstruction SiteSubcontractor LiabilityPremises LiabilityDutchess CountyNew York Law
References
4
Case No. MISSING
Regular Panel Decision
Mar 16, 1992

Clark v. LeCroy Research Systems, Inc.

In a negligence action for personal injuries, the plaintiffs appealed an order from the Supreme Court, Rockland County, which granted summary judgment to defendants LeCroy Research Systems, Inc., LeCroy Research Systems Corporation, and LeCroy Corp. The Supreme Court's decision, dated March 16, 1992, affirmed the original determination from October 2, 1991. The appellate court affirmed the order, concluding that LeCroy Corp. was the employer of the injured plaintiff and the property owner where the accident occurred. Consequently, the plaintiffs' negligence action against LeCroy Corp. was barred by Workers’ Compensation Law § 11. Additionally, the court found that LeCroy Research Systems, Inc., and LeCroy Research Systems Corporation were not distinct corporate entities at the time of the accident.

negligencepersonal injurysummary judgmentworkers' compensation lawcorporate liabilityemployer immunityproperty owner liabilityappellate reviewjudicial affirmationtort law
References
1
Case No. Action No. 2
Regular Panel Decision

Koren v. Zazo

David Koren, plaintiff in Action No. 2, sued Vivaldi, Inc. following a motor vehicle accident, alleging John Zazo, the driver, was a Vivaldi employee acting within the scope of his employment. Vivaldi moved for summary judgment, asserting Zazo was an independent contractor. Vivaldi provided evidence of Zazo's compensation by commission, self-sourced clients, lack of expenses or benefits, and 1099 tax form issuance, consistent with independent contractor status. The court found this evidence sufficient to establish Zazo as an independent contractor, thereby absolving Vivaldi of liability for his negligent acts. Consequently, the Supreme Court's order denying summary judgment to Vivaldi and third-party defendant Ford Motor Credit Company was reversed, leading to the dismissal of both the complaint and third-party complaint in Action No. 2.

Independent ContractorEmployer-Employee RelationshipSummary JudgmentMotor Vehicle AccidentVicarious LiabilityNegligencePersonal InjuryAppellate DivisionNew York Law1099 Tax Form
References
6
Case No. MISSING
Regular Panel Decision
Apr 06, 1970

Hoda v. De Lillo Construction Co.

In a negligence action seeking damages for personal injuries, the Supreme Court, Queens County, entered a judgment from which defendant and third-party plaintiff De Lillo Construction Co. and defendant Carmela Hasenfus appealed. The judgment was in favor of the plaintiff based on a jury verdict for liability and a stipulated damage amount of $40,000. De Lillo Construction Co. also appealed the dismissal of its cross-complaint against Hasenfus and its third-party complaint against Great American Insurance Company. The plaintiff, a construction worker, was injured when a crane cable, provided by De Lillo, snapped and caused concrete to fall on him. The court affirmed the judgment, finding the jury's negligence finding against De Lillo and Hasenfus was supported by expert testimony regarding a defective cable. The jury's determination that plaintiff and Hasenfus were not co-employees, thus allowing recovery, was also upheld, as was the dismissal of De Lillo's cross-complaint and third-party complaint.

negligencepersonal injuryconstruction accidentcrane failuredefective equipmentjury verdictemployer liabilityco-employeeWorkmen's Compensation Lawcross-complaint
References
4
Case No. MISSING
Regular Panel Decision

Health Acquisition Corp. v. Program Risk Management Inc.

The plaintiffs, home health care companies (Health Acquisition Corp., Bestcare, Inc., and Aides at Home, Inc.), sued various defendants, including accounting firm DeChants, Fuglein & Johnson, LLP (DFJ) and actuarial firm SGRisk, LLC, for professional negligence and negligent misrepresentation. The suit arose after the self-insurance trust they were members of became insolvent, leading to significant assessments from the Workers' Compensation Board. Plaintiffs alleged defendants concealed the trust's true financial state and their liability risks. The Supreme Court initially dismissed claims against DFJ and SGRisk. However, the appellate court reversed this decision, finding the complaint adequately alleged "near-privity" and negligence against both firms, even clarifying that actuaries could be held liable for common-law negligence despite not being licensed professionals for malpractice claims. A partial appeal concerning leave to amend the complaint was dismissed.

professional negligencenegligent misrepresentationCPLR 3211 (a)motion to dismissgroup self-insurance trustWorkers' Compensation Law § 50joint and several liabilityactuariesaccountantsnear-privity
References
15
Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. MISSING
Regular Panel Decision

Kendle v. August Bohl Contracting Co.

Samuel Kendle, an employee of subcontractor Clifford Quay & Sons, Inc., was injured while operating a motorized wheelbarrow at a construction site in Saratoga County. He fell when plywood covering a trench, allegedly dug by defendant August Bohl Contracting Company, Inc. (Bohl), buckled. Kendle and his wife sued the property owners, construction manager, and Bohl, alleging violations of Labor Law § 200 and common-law negligence. The Supreme Court dismissed Labor Law §§ 240 and 241 claims but denied Bohl's cross-motion to dismiss the Labor Law § 200 and negligence causes of action. On appeal, the court reversed the Supreme Court's decision, finding that Bohl did not exercise supervisory control over Kendle's work, a necessary element for Labor Law § 200 liability. The court also dismissed the negligence claim, noting that the trench was readily observable to the experienced plaintiff.

Construction AccidentMotorized Wheelbarrow InjuryWorksite HazardSubcontractor NegligenceLabor Law LiabilityLack of Supervisory ControlCommon-Law NegligenceSummary Judgment AppealAppellate ReversalPlywood Failure
References
7
Case No. MISSING
Regular Panel Decision
Jun 28, 1993

Gagliardi v. Trapp

The plaintiff, a correction officer, appealed an order granting summary judgment to the defendants in her action for assault and negligence. She alleged physical and mental harm after being punched by a fellow correction officer, Darrell Harris, and claimed her employers, New York City Department of Correction and the City of New York, attempted to conceal the incident and discriminated against her. The Supreme Court correctly determined that her negligence claim was barred by Workers’ Compensation Law as she had already received benefits, and her allegations did not meet the high standard for an intentional tort to circumvent the exclusivity provision. Furthermore, her discrimination claims under Executive Law § 296 were found to be conclusory and unsupported.

AssaultNegligenceWorkers' CompensationSummary JudgmentDiscriminationExclusive RemedyAppellate DecisionCorrection OfficerRikers IslandEmployers' Liability
References
11
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