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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

Rogers v. Westfalia Associated Technologies, Inc.

Ronald Rogers, while performing maintenance, fell nine feet from a stationary conveyor system at Agway Feed Mill. He and his wife, Lisa Rogers, sued Westfalia Associated Technologies, Inc. and Portee, Inc., alleging negligent design and manufacturing, failure to warn, breach of warranty, and strict products liability. Westfalia, Portee, Probec, Inc., and Mill Technology, Inc. filed motions for summary judgment, arguing they owed no duty to Rogers and their products were not defective. The court found that Agway, the employer and purchaser, was in the best position to assess risks and declined optional safety equipment. Furthermore, Rogers was aware of the dangers, and warnings were posted. Consequently, the court granted all motions for summary judgment, dismissing the complaint, counterclaims, and cross-claims.

Product LiabilityNegligenceStrict LiabilityDesign DefectFailure to WarnSummary JudgmentConveyor SystemIndustrial AccidentAssumption of RiskOpen and Obvious Danger
References
17
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
Case No. 222 AD2d 184
Regular Panel Decision

Nuzzo v. Griffin Technology Inc.

Plaintiffs Karen L. Patzer and Patricia E. Nuzzo, employees of Syracuse University (SU), were injured while operating a cash register manufactured by Griffin Technology Incorporated (Griffin). SU, contractually an additional insured under Griffin's liability policy with Federal Insurance Company (Federal), sought coverage after being impleaded by Griffin. Federal retroactively added SU as an additional insured but subsequently disclaimed coverage based on an employer's liability exclusion. The court ruled Federal's four-month delay in disclaiming coverage to SU was untimely, making the exclusion inapplicable. Consequently, the antisubrogation rule required dismissal of Griffin's third-party actions against SU, and SU's counterclaims for breach of contract were dismissed as moot.

Untimely DisclaimerAdditional InsuredEmployer's Liability ExclusionAntisubrogation RuleContractual Duty to InsureRetroactive CoverageSummary JudgmentAppellate ReviewIndemnificationContribution
References
15
Case No. MISSING
Regular Panel Decision
May 31, 2002

Finnigan v. Rochester Institute of Technology

The plaintiff, an employee of RADEC Corporation, was injured at a building owned by Rochester Institute of Technology (RIT) and initiated an action alleging common-law negligence and Labor Law violations. Initially, a jury apportioned fault and awarded damages, but after reinstruction, RIT's fault was eliminated, leaving RADEC and the plaintiff responsible. Both parties moved for directed verdicts, with the court granting RIT's. On appeal, the higher court determined the lower court had erred in interpreting the jury's verdict concerning Labor Law § 241 (6) and Rule 23. Consequently, the appellate court denied RIT's motion for a directed verdict, granted RIT's alternative request for a new trial, and denied the plaintiff's motion, thereby granting a new trial on both liability and damages.

Labor LawNegligenceDirected VerdictNew TrialApportionment of FaultIndustrial CodeOwner LiabilityContractor LiabilityVicarious LiabilityJury Charge
References
5
Case No. MISSING
Regular Panel Decision
Feb 22, 2005

Canino v. Electronic Technologies Co.

Plaintiff, an electrician employed by Electronic Technologies Company (ETC), sustained injuries after falling from an A-frame ladder while installing security equipment at a facility owned by International Business Machines Corporation (IBM). Plaintiff subsequently initiated legal action against both ETC and IBM, alleging multiple violations of Labor Law sections 200, 240 (1), and 241 (6). The plaintiff moved for partial summary judgment against IBM concerning liability under Labor Law section 240 (1), while the defendants filed a cross-motion requesting the dismissal of the entire complaint. The Supreme Court denied both parties' motions for summary judgment, leading to these cross-appeals. The appellate court affirmed the Supreme Court's decision, citing unresolved questions of fact regarding the adequacy of the safety device provided and whether the plaintiff's actions were the sole proximate cause of the accident, thus preventing summary judgment for either side.

Labor Law Section 240(1)Workplace AccidentLadder SafetySummary Judgment MotionCross AppealsQuestion of FactProximate CauseConstruction Site InjuryEmployer LiabilityPremises Owner Liability
References
7
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

Mangaroo v. BOUNDLESS TECHNOLOGIES, INC.

Plaintiff Kareem Mangaroo, a former employee, filed suit against Boundless Technologies Inc. and four individual employees for race discrimination under Title VII, 42 U.S.C. §§ 1981, 1985(3), ERISA, and breach of contract under New York law. Mangaroo alleged discriminatory termination, pre-termination discipline, and denial of promotions and timely performance reviews. Defendants moved for summary judgment, asserting legitimate non-discriminatory reasons for their actions. The Court granted the defendants' motion, dismissing all federal claims on the grounds that Mangaroo failed to demonstrate pretext for discrimination, particularly regarding his termination for insubordination. The breach of contract claim was dismissed without prejudice, declining pendent jurisdiction.

Race DiscriminationTitle VIISection 1981Section 1985(3)ERISABreach of ContractSummary JudgmentEmployment TerminationInsubordinationDisparate Treatment
References
28
Case No. 196-1545-260
Regular Panel Decision

Montague Pipeline Technologies Corp. v. Grace/Lansing & Grace Industries, Inc. (In Re Montague Pipeline Technologies Corp.)

The case involves a motion by Grace-Lansing and Grace Industries, Inc. (Grace) to remand an adversary proceeding back to the New York State Supreme Court, Kings County, and for relief from an automatic stay. The Debtor, Montague Pipeline Technologies, Inc., had removed the action, which concerned the confirmation of an arbitration award in favor of Grace, after filing for Chapter 11 bankruptcy. The Court, presided over by Chief Judge Conrad B. Duberstein, applied the 'Drexel factors' to evaluate the request for remand, concluding that equitable grounds favored sending the action back to state court due to efficient administration of the bankruptcy estate, predominance of state law, and comity. The Court also granted Grace's motion for relief from the automatic stay, finding 'cause' based on the 'Sonnax factors,' to allow the state court to finalize the arbitration award and fix Grace's claim, thereby facilitating the Debtor's reorganization plan.

BankruptcyRemandAutomatic StayArbitration AwardState LawFederal Arbitration ActJudicial EconomyComityChapter 11Dispute Resolution
References
38
Case No. 2016 NY Slip Op 07305
Regular Panel Decision
Nov 09, 2016

Palumbo v. Transit Technologies, LLC

The plaintiff, an electrical mechanic, was injured after being pulled into a trench by an accelerating cable while working at an elevated subway station. He commenced an action asserting causes of action under Labor Law §§ 240 (1) and 241 (6). The Supreme Court, Queens County, denied the plaintiff's motion for summary judgment on Labor Law § 240 (1) and granted the defendants' cross-motion to dismiss both causes of action. The Appellate Division, Second Department, affirmed the Supreme Court's order. The court found that the plaintiff's injuries were not caused by elevation or gravity-related hazards encompassed by Labor Law § 240 (1), and that the two-foot deep trench did not constitute a hazardous opening under 12 NYCRR 23-1.7 (b) (1) for a Labor Law § 241 (6) violation.

Labor Law Section 240 (1)Labor Law Section 241 (6)Elevation-Related HazardsGravity-Related HazardsHazardous OpeningSummary Judgment MotionPersonal InjuryConstruction Site AccidentAppellate ReviewIndustrial Code Compliance
References
13
Case No. MISSING
Regular Panel Decision
Nov 30, 2007

Alini v. Lucent Technologies, Inc.

Mona Alini, employed through a temporary agency, sustained injuries from a slip and fall at a Lucent Technologies building in Staten Island, operated by its subsidiary Nassau Smelting & Refining Company, Incorporated. Alini sued both Lucent and Nassau for personal injuries. The defendants moved for summary judgment, arguing Alini was a special employee and that worker's compensation was her exclusive remedy, or alternatively, that they did not create or have notice of the dangerous condition. The Supreme Court granted the motion, finding Alini was a special employee of both. On appeal, the plaintiffs challenged the dismissal against Nassau. The appellate court affirmed the dismissal against Nassau, but on different grounds, ruling that Nassau did not have actual or constructive notice of the dangerous condition created by an independent janitorial contractor and therefore was not liable.

Slip and FallPersonal InjurySummary JudgmentSpecial EmployeeWorkers' Compensation ExclusivityIndependent ContractorPremises LiabilityNoticeAppellate ReviewCorporate Subsidiary
References
11
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