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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

Prats v. Port Authority of New York & New Jersey

Plaintiff, an assistant mechanic for AWL Industries, sustained injuries after falling from a ladder while inspecting an air-conditioning unit at the World Trade Center, a project contracted by defendant Port Authority of New York and New Jersey. The District Court initially granted summary judgment to the defendant on the Labor Law § 240 (1) claim, leading to a certified question to the Court of Appeals regarding whether inspections of construction work fall under the statute's purview. The Court, distinguishing the case from Martinez v City of New York, held in the affirmative, emphasizing that the plaintiff's inspection was integral to and contemporaneous with broader building alteration work, not mere routine maintenance. The decision affirmed that such activities, performed by a mechanic under a construction contract, are protected under Labor Law § 240 (1).

Labor Law § 240(1)Ladder AccidentConstruction WorkBuilding AlterationWorkplace SafetyStatutory InterpretationCertified QuestionNew York Court of AppealsInspection ActivitySummary Judgment Reversal
References
4
Case No. MISSING
Regular Panel Decision

New York Hospital Medical Center v. Microtech Contracting Corp.

This case addresses whether an employer's protection from third-party claims under Workers' Compensation Law § 11 is lost when its injured employees are undocumented aliens. Plaintiff New York Hospital Medical Center sued defendant Microtech Contracting for common-law and contractual contribution and indemnification, following a judgment paid to Microtech's injured undocumented employees, Luis and Gerardo Lema. The hospital argued that Microtech's alleged violation of the Immigration Reform and Control Act (IRCA) in hiring the Lemas should preclude it from invoking Section 11's shield. Both the Supreme Court and Appellate Division dismissed the hospital's claims, affirming that employee immigration status does not negate an employer's statutory rights. The Court of Appeals affirmed, holding that the illegality of the employment contract under IRCA does not override the employer's protections under Workers' Compensation Law § 11, particularly as the hospital did not pursue conflict preemption on appeal.

Workers' Compensation Law § 11Immigration Reform and Control Act (IRCA)Undocumented AliensThird-Party ClaimsContribution and IndemnificationGrave InjuryPreemptionLabor LawEmployer LiabilityEmployee Rights
References
11
Case No. 2025 NY Slip Op 25014
Regular Panel Decision
Jan 21, 2025

New York State Pub. Empl. Relations Bd. v. New York City Off. of Collective Bargaining

The New York State Public Employment Relations Board (PERB) initiated a special proceeding against the New York City Office of Collective Bargaining (OCB) and related boards. PERB alleged that OCB's ongoing implementation of its contract-bar rule, which restricts post-expiration-of-contract decertification, was not substantially equivalent to the state's Taylor Law. OCB moved to dismiss the petition as untimely. The Supreme Court, New York County, denied the motion to dismiss PERB's declaratory judgment claim, finding it either a continuing violation or subject to a six-year statute of limitations that was not yet expired. However, the court dismissed PERB's accompanying Article 78 cause of action as untimely. Additionally, motions to intervene by several nonparties were denied, but their requests to appear as amici curiae were granted.

Public Employment Relations BoardCollective BargainingTaylor LawCivil Service LawDeclaratory JudgmentStatute of LimitationsContinuing Violation DoctrineContract Bar RuleDecertification PetitionNew York City Office of Collective Bargaining
References
37
Case No. 2020 NY Slip Op 03892 [185 AD3d 780]
Regular Panel Decision
Jul 15, 2020

Croshier v. New Horizons Resources, Inc.

The plaintiff, Shelly Croshier, commenced an action to recover damages for personal injuries after allegedly falling on the driveway of a group home owned and operated by the defendant, New Horizons Resources, Inc. The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order. The appellate court found that the defendant failed to establish prima facie that the plaintiff could not identify the cause of her fall, lacked constructive notice of the alleged hazardous condition, or that the condition was trivial. Consequently, the defendant's motion for summary judgment dismissing the complaint was denied.

Premises LiabilitySummary JudgmentDangerous ConditionConstructive NoticeTrivial DefectPersonal InjuryFall AccidentDriveway SafetyAppellate ReviewDuty of Care
References
9
Case No. 15918/93, 19316/93
Regular Panel Decision

Stein v. Yonkers Contracting, Inc.

This case involves two personal injury actions brought by Ronald Stein, an employee of Rice Mohawk, against Yonkers Contracting, Inc. and the New York City Department of Transportation. Yonkers Contracting, as a third-party plaintiff, appealed parts of two Supreme Court orders: one denying its motion for summary judgment on a third-party complaint for indemnity and contribution, and another precluding its counsel from trial. The appeals by the New York City Department of Transportation were dismissed. The Appellate Division modified the order regarding common-law and contractual indemnification and contribution, applying the antisubrogation rule to dismiss claims only to the extent of payments made by Admiral Insurance Co. It also reversed the order precluding Yonkers' counsel from participating in the trial, citing an error of law.

Personal InjurySummary JudgmentThird-Party ActionCommon-Law IndemnificationContractual IndemnificationContributionAntisubrogation RuleAdditional InsuredCounsel PreclusionWorkers' Compensation Law
References
10
Case No. 2025 NYSlipOp 01728 [236 AD3d 560]
Regular Panel Decision
Mar 20, 2025

WDF, Inc. v. City of New York

WDF, Inc. appealed a judgment from the Supreme Court, New York County, concerning a dispute with the City of New York regarding construction contracts. The Supreme Court had limited WDF's recovery, dismissing claims for soil excavation and disposal and grout removal work, while also denying prejudgment interest on a settled substantial completion payment claim. The Appellate Division affirmed the denial of prejudgment interest, citing a clear settlement agreement. However, the Appellate Division modified the judgment by reinstating WDF's claims for soil excavation and disposal and for grout removal work, finding that the contract's time and material reporting provisions did not apply to these unit-price and deleted-work claims, respectively. The matter was remanded to the Supreme Court for further proceedings.

Contract DisputeConstruction LawUnit Price ContractExtra Work ClaimsGrout RemovalSoil ExcavationPrejudgment InterestDirected VerdictAppellate ReviewContract Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Port Authority v. American Warehousing of New York, Inc.

The Port Authority of New York and New Jersey initiated a commercial holdover proceeding against American Warehousing of New York, Inc. (AWNY) to evict them from Pier 7 at the Brooklyn Marine Terminal. AWNY cross-moved to stay the proceeding, arguing lack of jurisdiction due to federal maritime law, exclusive regulatory oversight by the Federal Maritime Commission (FMC) under the Shipping Act, and the doctrine of primary jurisdiction. The court rejected AWNY's arguments regarding maritime jurisdiction and primary jurisdiction, finding the lease was not a maritime contract and the issues were within the court's competence. However, to prevent inconsistent adjudications and judicial waste, the court granted AWNY's cross-motion, staying the holdover proceeding pending the FMC's determination on AWNY's complaint regarding the Port Authority's alleged Shipping Act violations.

Commercial LeaseHoldover ProceedingMaritime LawFederal PreemptionShipping ActPrimary JurisdictionStay OrderIntertwined ActionsReal PropertyLease Dispute
References
34
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

Matter of American Bridge Co. v. Contract Dispute Resolution Bd. of the City of N.Y.

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. 2022 NY Slip Op 05756 [209 AD3d 495]
Regular Panel Decision
Oct 13, 2022

Lopez v. 157-161 E. 28th St., LLC

This case involves an appeal concerning the dismissal of second third-party claims for breach of contract, unpaid overtime wages, and breach of constructive trust related to a construction project. The Appellate Division affirmed the Supreme Court's decision, determining that New Wave Contracting Corp., a subcontractor, was the direct employer of the individual second third-party plaintiffs, not the general contractors Iceberg Developing Co., LLC and Forkosh Construction Co., Inc. The court also found that signed lien waivers and releases by the individual second third-party plaintiffs validly barred their wage and contract claims, as payment was accepted without objection. Furthermore, constructive trust claims were correctly dismissed due to the lack of contractual privity between the individual second third-party plaintiffs and the general contractors.

Construction ProjectSubcontractor LiabilityWage ClaimsLien LawSummary JudgmentEmployer-Employee RelationshipContractual PrivityRelease WaiverAppellate ReviewThird-Party Claims
References
8
Case No. MISSING
Regular Panel Decision

Zinaman v. USTS New York, Inc.

Lawrence M. Zinaman sued USTS New York, Inc. and US-Travel Systems, Inc. for breach of contract, fraud, and age discrimination under the ADEA and New York's Human Rights Law. Defendants moved to dismiss several claims. The court granted the motion to dismiss all claims against US-Travel Systems, Inc., finding insufficient pleading for an 'alter ego' theory. The fraud claim against USTS New York, Inc. was also dismissed, as it merely restated the breach of contract claim. However, the court denied the dismissal of Zinaman's state common law contract claims and state age discrimination claims against USTS. The court also denied the defendants' motion to strike portions of the complaint. Zinaman was directed to amend his complaint regarding the state age discrimination claim.

Age DiscriminationBreach of ContractFraudEmployment AgreementAlter Ego TheoryPendent JurisdictionMotion to DismissRule 12(b)(6)Rule 12(f)ADEA
References
20
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