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

Case No. 2022 NY Slip Op 05964 [209 AD3d 596]
Regular Panel Decision
Oct 25, 2022

Pirozzo v. Laight St. Fee Owner LLC

Plaintiff Paul Pirozzo sought summary judgment on his Labor Law § 240 (1) claim against defendants Laight Street Fee Owner LLC, Laight Street Fee Owner II LLC, and Sciame Construction, LLC, which was granted by the Supreme Court. The Appellate Division, First Department, affirmed this decision. The plaintiff established a prima facie case by demonstrating that the scaffold he was working on collapsed without an apparent reason. The defendants' arguments that the plaintiff was the sole proximate cause, either by failing to lock scaffold pins or remaining on the scaffold while it was moved, were deemed unavailing. The court noted that these actions, even if proven, would amount to comparative negligence, which is not a defense to a Labor Law § 240 (1) claim, and there was no evidence of specific instructions to the plaintiff that were disobeyed.

Summary judgmentLabor Law § 240 (1)Scaffold collapseSole proximate causeComparative negligenceWorkers' compensation Form C-2Hearsay objectionPersonal knowledgeRecalcitranceAppellate Division
References
9
Case No. 2017 NY Slip Op 03117
Regular Panel Decision
Apr 25, 2017

Trinajstic v. St. Owner, LP

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which denied motions for summary judgment. The case involves Thomas Trinajstic, a laborer, who fell during a renovation project and sued St. Owner, LP, and Tishman Speyer Properties, L.P. under Labor Law § 241 (6). The defendants then filed a third-party claim for common-law indemnification against Pat Pellegrini Flooring Corporation. The court found questions of fact regarding whether dust created by Pellegrini's workers contributed to Trinajstic's fall, thus barring dismissal of the Labor Law claim. Furthermore, summary resolution of the indemnification claim was deemed premature due to conflicting evidence on the cause of the fall (dust vs. broken tiles) and the defendants' failure to demonstrate a lack of their own negligence.

Labor Law § 241(6)Summary Judgment MotionCommon-Law IndemnificationAppellate DivisionConstruction Site AccidentThird-Party LitigationWorkplace Safety RegulationsDust HazardPremises Owner LiabilityContractor Negligence
References
4
Case No. 2021 NY Slip Op 01436 [192 AD3d 839]
Regular Panel Decision
Mar 10, 2021

Rodriguez v. HY 38 Owner, LLC

Plaintiff Herman Rodriguez was injured at a construction site owned by HY 38 Owner, LLC, where Monadnock Construction, Inc. was the construction manager. The accident occurred while repairing a plywood gate, when another part of the gate was blown shut by wind, striking him. Rodriguez sued, alleging violations of Labor Law § 200 and common-law negligence. The Supreme Court, Kings County, granted summary judgment to HY 38 Owner, LLC, and Monadnock Construction, Inc., dismissing these claims. The Appellate Division, Second Department, reversed this decision, finding that the defendants failed to prima facie establish entitlement to judgment as a matter of law because they did not adequately address the premises liability theory of the plaintiff's case. Therefore, the Supreme Court should have denied that branch of their motion.

Construction AccidentPersonal InjuryLabor Law § 200Common-Law NegligencePremises LiabilitySummary Judgment MotionAppellate DivisionDangerous ConditionWork Site SafetyContractor Liability
References
15
Case No. 2025 NY Slip Op 05574 [242 AD3d 488]
Regular Panel Decision
Oct 09, 2025

Murillo v. Downtown NYC Owner, LLC

The Appellate Division, First Department, affirmed the Supreme Court's order dismissing Luis Murillo's Labor Law claims (§ 241 (6) and § 200) and common-law negligence claim against Downtown NYC Owner, LLC, and related entities. The court held that Murillo, a worker responsible for debris removal, could not recover for injuries caused by the very condition he was tasked with remedying. Furthermore, the Appellate Division affirmed the dismissal of the defendants' common-law and contractual indemnity claims against third-party defendant William Erath & Son, Inc., concluding that Erath had no contractual duty to perform debris removal, and thus Murillo's accident did not arise out of Erath's work. The decision emphasizes the principle that responsibility for cleanup tasks dictates liability.

Labor LawSafe Place to WorkDebris RemovalContractual IndemnityCommon-Law IndemnitySummary JudgmentAppellate ReviewPremises LiabilityNegligenceThird-Party Claim
References
6
Case No. 2022 NY Slip Op 03339 [205 AD3d 565]
Regular Panel Decision
May 19, 2022

Tavarez v. LIC Dev. Owner, L.P.

Plaintiff Ruth Tavarez sustained personal injuries after falling from a ladder while employed by Collins Building Services, Inc. She alleged negligence and Labor Law violations against LIC Development Owner, L.P. LIC then filed a third-party action against Collins for indemnification. The Supreme Court denied Collins' motion to dismiss LIC's third-party complaint. The Appellate Division, First Department, reversed this decision, ruling that the indemnification provision did not apply to LIC and that common-law indemnification was barred by Workers' Compensation Law § 11, as the plaintiff's injuries did not constitute a 'grave injury'.

Personal InjuryIndemnificationWorkers' Compensation Law § 11Labor Law ViolationsThird-Party ActionAppellate ReviewGrave InjuryContractual IndemnificationCommon-Law IndemnificationMotion to Dismiss
References
2
Case No. 2020 NY Slip Op 07121 [188 AD3d 1292]
Regular Panel Decision
Nov 25, 2020

Villada v. 452 Fifth Owners, LLC

The plaintiff, Carlos Villada, was allegedly injured while working on a roof demolition project at property owned by 452 Fifth Owners, LLC. He was injured when a wheeled dumpster he was pulling up a plywood ramp tipped over. Villada commenced an action against 452 Fifth Owners, LLC, alleging common-law negligence and a violation of Labor Law § 200. The Supreme Court denied 452 Fifth's motion for summary judgment dismissing these causes of action. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, granting 452 Fifth's motion for summary judgment. The court found that 452 Fifth established, prima facie, that it did not create or have actual or constructive notice of the dangerous condition and did not have the authority to supervise or control the work. The cross-appeal by CBRE, Inc. was dismissed.

Personal InjuryRoof DemolitionSummary JudgmentCommon-Law NegligencePremises LiabilityWorkplace SafetyAppellate ReversalLabor Law ComplianceDangerous ConditionSupervision and Control
References
10
Case No. 2024 NY Slip Op 03562 [229 AD3d 401]
Regular Panel Decision
Jul 02, 2024

Rivera v. 712 Fifth Ave. Owner LP

Plaintiff Angel Roman Caguana Rivera appealed an order from the Supreme Court, New York County, which denied his motion for partial summary judgment on a Labor Law § 240 (1) claim. The Appellate Division, First Department, reversed the lower court's decision, granting the plaintiff's motion. The plaintiff was injured while removing metal ductwork, approximately 10 to 12 feet above the floor, using an A-frame ladder without other safety devices or assistance. The ductwork fell, striking the plaintiff and the ladder, causing him to fall and lose consciousness. The court found that the defendant, as the building owner, failed to provide proper protection as mandated by Labor Law § 240 (1), establishing a prima facie case for the plaintiff. The defendant's arguments, based on uncorroborated hearsay reports and speculative expert testimony, were deemed insufficient to create a triable issue of fact regarding the sole proximate cause of the accident.

Labor Law § 240(1)Summary JudgmentUnsecured LadderFalling ObjectConstruction AccidentAppellate DivisionFirst DepartmentDemolition WorkRenovation ProjectWorker Safety
References
11
Case No. 2023 NY Slip Op 00951 [213 AD3d 555]
Regular Panel Decision
Feb 21, 2023

Francis v. 3475 Third Ave. Owner Realty, LLC

Plaintiff Benedict Francis appealed the denial of his motion for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against various defendants, and the granting of summary judgment to 3475 Third Avenue MM LLC dismissing the complaint. The appellate court found that the plaintiff made a prima facie showing of entitlement to summary judgment on his Labor Law § 240 (1) claim, as his testimony indicated his injuries were proximately caused by the collapse of unsecured scaffold planks, leading to a 16-foot fall. The court rejected the defendants' argument that plaintiff was the sole proximate cause, reiterating that a statutory violation precludes such a defense. Consequently, the court modified the order to grant plaintiff's motion on the Labor Law § 240 (1) claim against 3475 Third Avenue Owner Realty, LLC, Real Builders, Inc., and 3475 Third Avenue Housing Development Fund, and otherwise affirmed the lower court's decision, thus not needing to address the Labor Law § 241 (6) claim.

Scaffold CollapseSummary JudgmentProximate CauseRecalcitrant Worker DefenseStatutory ViolationConstruction AccidentWorkplace SafetyAppellate ReviewPersonal Injury ClaimProperty Owner Liability
References
3
Case No. 2019 NY Slip Op 04779
Regular Panel Decision
Jun 13, 2019

DiLorenzo v. Windermere Owners LLC

This case concerns a tenant, Laura DiLorenzo, alleging rent overcharge against landlords Windermere Owners LLC and Windemere Chateau, Inc., for improperly deregulating her apartment following individual apartment improvements (IAIs). The trial court initially found in favor of the tenant, awarding damages and treble damages, citing insufficient substantiation of IAI expenditures by the landlords. On appeal, the Appellate Division, First Department, reversed this decision. The appellate court conducted a de novo review, concluding that the landlords provided sufficient evidence of IAI costs exceeding the threshold for rent stabilization exemption, thereby dismissing the tenant's complaint. A dissenting opinion argued that the majority usurped the trial court's authority and that the landlords failed to meet their burden of proof.

Rent StabilizationRent OverchargeIndividual Apartment Improvements (IAI)High Rent VacancyFraudulent DeregulationDocumentary EvidenceCredibility of WitnessesAppellate ReviewDe Novo ReviewUseful Life of Improvements
References
35
Case No. MISSING
Regular Panel Decision
Jul 08, 1999

Nevins v. Essex Owners Corp.

Plaintiff, an employee of Accell Elevator Operations, Inc., was severely injured while modernizing elevators at premises owned by defendant Essex Owners Corp. The injury occurred when a 'run station' device, used to test the elevator, malfunctioned, causing the elevator cab to descend unexpectedly. Plaintiff subsequently filed an action against Essex, alleging negligence under Labor Law § 200 and violations of Labor Law § 241 (6). The Supreme Court initially denied Essex's cross motions for summary judgment regarding these claims. However, the appellate court reversed this decision, dismissing the Labor Law §§ 200 and 241 (6) claims, ruling that Essex did not exercise supervisory control over the work and that the cited industrial code provisions regarding planking and falling objects were inapplicable.

Labor LawSummary JudgmentElevator AccidentConstruction Site SafetySafe Work SiteNegligenceSupervisory ControlThird-Party ActionPremises LiabilityAppellate Review
References
17
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