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

Case No. 2019 NY Slip Op 04678 [173 AD3d 831]
Regular Panel Decision
Jun 12, 2019

Daeira v. Genting N.Y., LLC

Ricky Daeira and his wife sued Genting New York, LLC, New York Raceway Association, Inc., and D'Amato Builders & Advisors, LLC, after Ricky Daeira was injured by falling through glass flooring at a construction site, alleging negligence and Labor Law violations. D'Amato Builders & Advisors, LLC subsequently initiated a third-party action against A.F.I. Glass & Architectural Metal, Inc. The Supreme Court denied the plaintiffs' motion for summary judgment on liability and dismissed Labor Law claims against the defendants. On appeal, the Appellate Division modified the Supreme Court's order, denying summary judgment to New York Raceway Association, Inc., on the common-law negligence and contribution claims, while affirming the remainder of the order. The court concluded that the plaintiffs failed to demonstrate that the injured plaintiff was an 'employee' under the Labor Law provisions. It also found that D'Amato Builders & Advisors, LLC, failed to establish its lack of negligence, and New York Raceway Association, Inc., presented contradictory evidence regarding its control over the worksite, precluding summary judgment on the negligence claims.

Personal InjuryConstruction AccidentLabor LawSummary JudgmentCommon-Law NegligenceContributionIndemnificationThird-Party ActionAppellate ReviewWorkplace Safety
References
9
Case No. 2022 NY Slip Op 00221 [201 AD3d 1140]
Regular Panel Decision
Jan 13, 2022

Matter of New Team, LLC (Commissioner of Labor)

The Unemployment Insurance Appeal Board assessed New Team, LLC for additional unemployment insurance contributions, determining an employment relationship with its brand ambassadors based on an audit from July 2010 to September 2013. New Team appealed this decision. The Appellate Division, Third Department, affirmed the Board's ruling. The court found substantial evidence supported the Board's conclusion that New Team exercised sufficient supervision, direction, or control over the brand ambassadors to establish an employment relationship for unemployment insurance purposes. The decision highlighted factors such as New Team's recruitment, training, scheduling, event monitoring, and reporting requirements for brand ambassadors.

Unemployment InsuranceEmployment RelationshipIndependent ContractorBrand AmbassadorsUnemployment Insurance Appeal BoardAppellate Division Third DepartmentSubstantial EvidenceLabor Department AuditControl TestMarketing Services
References
10
Case No. 709355/19
Regular Panel Decision
Jan 28, 2026

Gibbs v. New Ram Realty, LLC

Cecil Gibbs sued New Ram Realty, LLC, and KCM Realty Company, L.P., for personal injuries after slipping on a water puddle in a hotel room. The defendants moved for summary judgment, arguing they were an out-of-possession landlord and lacked notice of the hazardous condition. The Supreme Court denied their motion. The Appellate Division reversed this decision, ruling that KCM Realty was an out-of-possession landlord with no duty to repair, and New Ram Realty, LLC, did not create the condition or have constructive notice of the leak. The motion for summary judgment dismissing the complaint against them was granted.

Slip and FallPremises LiabilityOut-of-Possession LandlordSummary JudgmentConstructive NoticePersonal InjuryAppellate DivisionHotel LiabilityProperty Owner LiabilityLack of Notice
References
15
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. 2023 NY Slip Op 03683 [218 AD3d 446]
Regular Panel Decision
Jul 05, 2023

Gamez v. New Line Structures & Dev., LLC

The plaintiff Carlos J. Gamez, a carpenter, sustained injuries after falling through an unmarked and unsecured hole on a work deck during construction. He and his wife commenced an action alleging a violation of Labor Law § 240 (1) against New Line Structures & Development, LLC, Hallets Building 1 SPE, LLC, and Hallets Astoria, LLC. The plaintiffs moved for summary judgment on the issue of liability, which the Supreme Court, Queens County, denied. The Appellate Division affirmed the lower court's decision, finding that the defendants raised a triable issue of fact regarding whether Gamez's own conduct was the sole proximate cause of his injuries, despite the plaintiffs' prima facie showing of a Labor Law § 240 (1) violation.

Personal InjuryConstruction AccidentLabor Law § 240(1)Summary JudgmentAppellate ReviewProximate CauseComparative NegligenceFall ProtectionSafety DevicesPremises Liability
References
11
Case No. MISSING
Regular Panel Decision

Astra Media Group, LLC v. Clear Channel Taxi Media, LLC

Plaintiff Astra Media Group, LLC sued defendants Clear Channel Taxi Media, LLC and the New York City Taxi and Limousine Commission (TLC) alleging federal and state antitrust violations, discrimination, and tortious interference. Astra claimed Clear Channel conspired with the TLC to ban its four-sided taxi rooftop advertising, engaged in predatory pricing, filed baseless lawsuits, and destroyed property. The court granted Clear Channel's motion to dismiss the antitrust and tortious interference claims, citing lack of plausible allegations and immunity under the Noerr-Pennington doctrine. The TLC's motion for summary judgment on the discrimination claim was also granted due to Astra's failure to provide specific supporting facts. The court consequently dismissed the complaint in its entirety.

Antitrust LawSherman ActDonnelly ActTortious InterferencePredatory PricingNoerr-Pennington DoctrineEqual Protection ClauseMotion to DismissSummary JudgmentTaxi Advertising Regulation
References
55
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. CA 10-02269
Regular Panel Decision
Apr 29, 2011

ELLICOTT GROUP, LLC v. STATE OF NEW YORK EXECUTIVE DEPT.

This case addresses an appeal concerning the authority of the State of New York Executive Department Office of General Services (OGS) to mandate a prevailing wage clause in a lease agreement with Ellicott Group, LLC, for privately owned property. OGS had adopted a policy requiring prevailing wages for certain work, even if it did not meet the technical definition of 'public work' under the Labor Law. The Supreme Court, Erie County, had granted summary judgment to Ellicott Group, LLC, concluding that OGS lacked statutory authority and violated the separation of powers doctrine. The Appellate Division affirmed this judgment, holding that OGS, as an administrative body, usurped the legislative function by enacting a policy defining when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawLabor Law Article 8Labor Law Article 9Public WorkLease AgreementExecutive AuthorityLegislative FunctionSeparation of PowersAdministrative LawDeclaratory Judgment
References
14
Case No. 2019 NY Slip Op 06384
Regular Panel Decision
Aug 28, 2019

Gurewitz v. City of New York

The plaintiffs, employees of NASDI, LLC, were injured while performing construction work at the St. George Ferry Terminal in Staten Island when a temporary chain-link fence, installed by Conti of New York, LLC, was blown over and struck them. The City of New York and New York City Department of Transportation had retained Conti as the general contractor, who then hired NASDI as a subcontractor. The injured plaintiffs commenced a consolidated action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against various defendants, including HAKS Group, Inc., and later HAKS Engineers, Architects and Land Surveyors, P.C. This decision by the Appellate Division, Second Department, modifies an order of the Supreme Court, Richmond County. The Appellate Division granted summary judgment to HAKS Group, Inc., dismissing all cross claims against it, and granted NASDI, LLC's motion for summary judgment dismissing the third-party complaint. It also denied the plaintiffs' motions for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against the City defendants and Conti, granting summary judgment to the City defendants and Conti for dismissal of those specific claims. The court affirmed the denial of summary judgment for the City defendants on Labor Law § 200 and common-law negligence claims, finding triable issues of fact.

Construction AccidentLabor LawSummary JudgmentIndemnificationThird-Party ActionPremises LiabilityDangerous ConditionFalling ObjectSubcontractor LiabilityGeneral Contractor Liability
References
20
Case No. 2021 NY Slip Op 03261 [194 AD3d 576]
Regular Panel Decision
May 20, 2021

Pena v. Intergate Manhattan LLC

Plaintiff Juan Pena, a glazier, was injured when a power cord struck his arm while working on a motorized scaffold. The Supreme Court granted Pena's motion for partial summary judgment on his Labor Law § 240 (1) claim against the owners/general contractors (Intergate Manhattan LLC, Sabey Data Center Properties LLC, Sabey IGM Construction LLC, American Industries Corp. of New York). However, it denied his motion against subcontractor Greg Beeche Logistics, LLC due to factual disputes regarding Beeche's control over the work area. The court also denied the Owners/GC's motions for contractual and common-law indemnification against Beeche, deeming them premature. The Appellate Division, First Department, unanimously affirmed these rulings.

Labor Law § 240(1)Summary JudgmentIndemnificationContractual IndemnificationCommon-Law IndemnificationStatutory AgentComparative NegligenceScaffold AccidentConstruction Site SafetyGlazier Injury
References
4
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