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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

Greenwich Life Settlements, Inc. v. Viasource Funding Group, LLC

This is a diversity action for breach of contract, breach of the covenant of good faith and fair dealing, tortious interference with contract, tortious interference with business relations, and unjust enrichment. Plaintiffs Greenwich Life Settlements, Inc. and Greenwich Settlements Master Trust (collectively "Greenwich") bring this action against defendant ViaSource Funding Group, LLC. Greenwich claims to be a third-party beneficiary to a life insurance contract purchased from ViaSource by non-party Legacy Benefits Corp. ViaSource moved to dismiss Greenwich’s Corrected Amended Complaint on grounds of res judicata and failure to join an indispensable party, or alternatively, to transfer the case to the District of New Jersey. The court denied all of ViaSource’s motions, finding that res judicata did not apply as Greenwich was not in privity with Legacy in prior litigations, Legacy was not an indispensable party, and venue was proper in the Southern District of New York.

Contract LawThird-Party BeneficiaryLife InsuranceViatical SettlementsRes JudicataCivil ProcedureIndispensable PartiesVenue DisputesDiversity JurisdictionTortious Interference
References
41
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. 2019 NY Slip Op 03098 [171 AD3d 1236]
Regular Panel Decision
Apr 24, 2019

Shusterich v. Kleinman

Patricia Shusterich, the injured plaintiff, and her husband commenced an action against Aaron and Tispora Kleinman after she tripped on a raised sidewalk. The Kleinmans, as third-party plaintiffs, then sued David Young Park, an adjacent property owner, for contribution and indemnification, alleging he performed negligent sidewalk repair work. The plaintiffs also asserted a direct claim against Park. Park moved for summary judgment, arguing he had no duty to maintain the area as it didn't abut his property, and was exempt from statutory liability due to owning a single-family home. He also contended the work was done by an independent contractor without his request or payment. The Supreme Court, Queens County, granted Park's motion. The Appellate Division, Second Department, affirmed the order, finding that Park established a prima facie case for non-liability and the opposing parties failed to raise a triable issue of fact.

Personal InjurySidewalk DefectSummary JudgmentIndependent ContractorPremises LiabilityAppellate ReviewProperty Owner LiabilityContributionIndemnificationTrip and Fall
References
9
Case No. 2021 NY Slip Op 01354
Regular Panel Decision
Mar 09, 2021

Deschaine v. Tricon Constr., LLC

The New York Appellate Division, First Department, affirmed an order which granted motions to renew filed by third-party plaintiffs Dollar Tree Stores, Inc., Michael Boyle, and Tricon Construction, LLC along with C.P. Plaza Limited Partnership. The motions sought to vacate a previous order that had dismissed their third-party claims for contribution and common-law indemnification against AMZ Construction Services, Inc. Upon renewal, these claims were reinstated. The court found that new expert reports submitted by the plaintiff, Robert Deschaine, raised a factual dispute regarding whether he sustained a 'grave injury' as defined by Workers' Compensation Law § 11, specifically brain injuries that rendered him unemployable in any capacity. This issue of fact justified the renewal and reinstatement of the third-party claims.

Appellate PracticeRenewal MotionSummary JudgmentContribution ClaimsIndemnification ClaimsGrave InjuryWorkers' Compensation LawBrain InjuriesUnemployabilityProcedural Law
References
2
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. 2018-11587 (Index No. 20807/15)
Regular Panel Decision
Dec 02, 2020

Broecker v. Conklin Prop., LLC

This case involves an appeal from an order in a fourth-party action concerning negligence and breach of contract. Conklin Property, LLC, a fourth-party plaintiff, sued Total Management Corp. and David Lande (appellants), alleging they failed to procure adequate insurance for a construction project after a worker was injured and died, leading to a disclaimer of coverage by the insurer. The Supreme Court denied the appellants' motion to dismiss the fourth-party complaint and granted Conklin's cross-motion to amend the complaint to include a cause of action for breach of fiduciary duty. The Appellate Division affirmed the lower court's decision, finding that Conklin sufficiently pleaded causes of action for negligence, negligent misrepresentation, and breach of contract. The court also determined that a special relationship existed between Conklin and the appellants, justifying the addition of a breach of fiduciary duty claim. Furthermore, the court found the actions to be within the statute of limitations, accruing on the date of the worker's injury.

NegligenceBreach of ContractInsurance Broker LiabilityNegligent MisrepresentationFiduciary DutyStatute of LimitationsFourth-Party ActionInsurance Coverage DisputeAppellate ReviewMotion to Dismiss
References
12
Case No. ADJ2003074 (SFO 0486401) (ADJ3727915 - CONSOLIDATED
Regular
Apr 05, 2010

ALEXANDRA MONTEITH vs. EDWARD LITTLEJOHN, M.D., TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, BERKSHIRE HATHAWAY HOMESTATE COMPANIES (BHHC)

The Workers' Compensation Appeals Board (WCAB) dismissed TIG Specialty Insurance Company's petition for reconsideration because it sought to appeal a non-final order. The WCAB also denied TIG's petition for removal, adopting the WCJ's reasoning that TIG failed to demonstrate substantial prejudice or irreparable injury. This decision confirms that appeals can only be made from final orders that determine substantive rights and liabilities. The WCAB found TIG's argument regarding a non-party's interference with the settlement was not properly before them due to the non-final nature of the appealed order.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseVacating OrderAdministrative Law JudgeNon-party InterferenceCalifornia Insurance Guarantee Association (CIGA)PrejudiceFinal Order
References
5
Case No. 2022 NY Slip Op 02063
Regular Panel Decision
Mar 24, 2022

Hasenzahl v. 44th St. Dev. LLC

The Appellate Division, First Department, considered an appeal concerning a Supreme Court order that granted a motion to sever and stay a second third-party action, and denied a motion for summary judgment. The court found that the Supreme Court providently exercised its discretion in severing and staying the second third-party action, citing that joint tortfeasors are not necessary parties. It further noted that Gateway and Woodworks' subcontracts provided for joint and several liability, allowing for apportionment in a separate proceeding. However, the Appellate Division modified the order by granting Gateway's motion for summary judgment, dismissing the common-law indemnification and contribution claims against it. This dismissal was based on the Workers' Compensation Law § 11, as the plaintiff, Gateway's employer, did not sustain a grave injury.

Appellate PracticeThird-Party ActionsSeverance and StaySummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation LawGrave InjuryJoint and Several LiabilitySubcontractor Agreements
References
5
Case No. MISSING
Regular Panel Decision
Jan 03, 1997

Marte v. St. John's University

This case involves an appeal concerning an interlocutory judgment related to a personal injury action. The defendant third-party plaintiff appealed a jury verdict that favored the third-party defendant on liability. The appellate court examined the principles of indemnification and contribution under Labor Law § 240 (1) and Workers’ Compensation Law § 11, particularly when an owner is found partially at fault. It was determined that the trial court erred by not allowing the apportionment of fault between the third-party plaintiff and the third-party defendant. Consequently, the interlocutory judgment was reversed, and a new trial was granted solely on the issue of proper fault apportionment.

Personal InjuryThird-Party ActionLabor LawWorkers' Compensation LawApportionment of FaultIndemnificationContributionJury VerdictAppellate ReviewInterlocutory Judgment
References
8
Case No. 00-CV-8660
Regular Panel Decision

Debary v. Harrah's Operating Co., Inc.

This case, involving Catskill Development, L.L.C., Mohawk Management, L.L.C., and Monticello Raceway Development Co., L.L.C. (Original Plaintiffs) against Park Place Entertainment Corp., concerned allegations of tortious interference related to a proposed Native American casino project. Following multiple prior decisions and appeals, the Second Circuit remanded the case for the District Court to address jurisdictional issues and determine Monticello's status as a third-party beneficiary of the Land Purchase Agreement (LPA). The District Court confirmed subject matter jurisdiction after dismissing non-diverse parties and consolidating related actions. Ultimately, the court concluded that Monticello was not an intended third-party beneficiary of the LPA. Consequently, the District Court reinstated its earlier judgment, granting the defendant's motion for summary judgment and dismissing all claims in their entirety.

Tortious InterferenceContractual RelationsProspective Business AdvantageSummary JudgmentRemand OrderFederal JurisdictionDiversity JurisdictionThird-Party BeneficiaryLand Purchase AgreementNative American Casino Development
References
35
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