CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

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. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. MISSING
Regular Panel Decision

Alfonso v. Pacific Classon Realty, LLC

The plaintiff was injured while employed by D.S. Imports on premises leased by Delmar Sales, Inc. and purchased by Pacific Classen Realty, LLC the day after the accident. The appellate court found that the motion for summary judgment dismissing the complaint against Pacific Classen Realty, LLC should have been granted because PCR did not own the premises at the time of the accident. However, the court affirmed the denial of summary judgment for Delmar Sales, Inc., ruling that it failed to prove the plaintiff was a special employee or that it was an alter ego of D.S. Imports. Additionally, the court affirmed the denial of summary judgment for Delmar Sales regarding Labor Law §§ 240 (1) and 241 (6) claims, as it failed to establish it was not an owner or agent.

Summary JudgmentWorkers' Compensation LawLabor LawPremises LiabilitySpecial Employee DoctrineOwner LiabilityAppellate DecisionReal Estate OwnershipLessor LiabilityLessee Liability
References
21
Case No. MISSING
Regular Panel Decision

MBB Realty Ltd. Partnership v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)

This is an appeal from a Bankruptcy Court order denying summary judgment for the appellant, MBB Realty Limited Partnership, and granting it for the appellee, The Great Atlantic & Pacific Tea Company, Inc. The dispute centered on a commercial lease, which was amended to include percentage rent and later involved A&P's plan to further downsize, leading to a contested letter agreement regarding new percentage rent terms and property alterations. The Bankruptcy Court found the letter agreement void for lack of consideration, despite A&P's subsequent payments, a decision MBB appealed. The District Court affirmed, concluding that MBB's alleged consent to exterior changes or store downsizing did not constitute valid consideration, as these actions were either not explicitly agreed upon or already permissible under the existing lease terms, thus rendering the agreement unenforceable. Consequently, arguments about ratification or the satisfaction of conditions precedent were deemed irrelevant for a void contract.

Contract LawConsiderationParol Evidence RuleSummary JudgmentBankruptcy AppealCommercial LeasePercentage RentLease AmendmentRatificationGood Faith and Fair Dealing
References
64
Case No. 517789
Regular Panel Decision
Nov 06, 2014

MatterofSyracuseHaulersWasteRemoval,Inc.vMadisonCountyDepartmentofSolidWasteandSanitation

Syracuse Haulers Waste Removal, Inc., a commercial waste hauler, was cited by the Madison County Department of Solid Waste and Sanitation for violating Local Law No. 3 (2004) by failing to deliver 16 loads of construction debris to the County's landfill. After a hearing, the Madison County Board of Hearing found a violation, determining the loads were construction debris, not recyclables. Syracuse Haulers challenged this interpretation, but the Supreme Court dismissed their petition. The Appellate Division affirmed, ruling that the Board's interpretation of Local Law No. 3 was reasonable and that the local law was not superseded by state environmental law, as stricter local laws are permissible if not inconsistent with state legislation.

Waste ManagementEnvironmental LawLocal LawFlow ControlRecyclingConstruction DebrisDeclaratory JudgmentAdministrative ReviewAppellate DivisionNew York
References
10
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Mullin v. Waste Management of New York, LLC

This case involves an appeal from an order granting partial summary judgment. The plaintiff, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder on Riccelli's trailer at a Waste Management of New York, LLC facility. An agreement between Riccelli and Waste Management required Riccelli to name Waste Management as an additional insured on various insurance policies. Waste Management successfully moved for partial summary judgment on a breach of contract claim against Riccelli due to Riccelli's failure to name Waste Management as an additional insured. Riccelli's subsequent motion to submit new evidence was denied as the evidence was available previously and would not alter the outcome. The court found that Waste Management was not an additional insured on the CGL or automobile liability policies at the time of the accident.

Breach of ContractAdditional InsuredSummary JudgmentInsurance CoverageThird-Party LiabilityAppellate ReviewDenial of Motion to RenewWorkers' Compensation PolicyCommercial General LiabilityAutomobile Liability Policy
References
2
Case No. MISSING
Regular Panel Decision
Nov 02, 2005

Vita v. New York Waste Services, LLC

In an action for personal injuries, the defendants appealed an order from the Supreme Court, Suffolk County, which granted the plaintiffs' motion to dismiss their sixth, seventh, eighth, and eleventh affirmative defenses. The appellate court affirmed the lower court's decision, concluding that the plaintiffs successfully demonstrated the lack of merit of these defenses. The defenses were based on the exclusivity provisions of the Workers' Compensation Law. The plaintiffs provided substantial evidence that the injured plaintiff was employed by Allied Waste Services, Inc. and its subsidiary, Island Waste Services, and was injured by a vehicle owned by defendant New York Waste Services, LLC and operated by defendant Gene R. Brewer. The defendants failed to present sufficient evidence to counter these claims, particularly regarding their assertions of the injured plaintiff being an employee of New York Waste, or that New York Waste was an alter ego, joint venture, or special employer.

Personal InjuryWorkers' Compensation ExclusivityAffirmative DefensesMotion to DismissCPLR 3211(b)Appellate ReviewEmployment RelationshipAlter EgoJoint VentureSpecial Employee
References
10
Case No. MISSING
Regular Panel Decision

COALITION ON WEST VALLEY NUCLEAR WASTES v. Bodman

This case concerns a lawsuit initiated by plaintiffs in August 2005, seeking to compel the United States Department of Energy (DOE) to comply with the National Environmental Policy Act (NEPA) and a 1987 settlement stipulation. Plaintiffs challenged DOE's revised strategy for managing radioactive waste at the Western New York Nuclear Service Center, specifically its decision to divide the environmental impact review into two separate statements, arguing this breached the prior agreement and constituted impermissible segmentation under NEPA. The court denied plaintiffs' motion for summary judgment and granted defendants' cross-motion, concluding that DOE's approach was not arbitrary, capricious, or a breach of the stipulation, and that the waste management phase had independent utility. Additionally, plaintiffs' claim challenging DOE's authority to reclassify waste was dismissed as unripe. Consequently, the complaint was dismissed in its entirety.

Environmental LawNEPAAPAWaste ManagementNuclear WasteRadioactive WasteSettlement StipulationSummary JudgmentFederal CourtsJudicial Review
References
24
Case No. ADJ1357786 (RDG 0126731)
Regular
May 10, 2010

MARK JAMES vs. PACIFIC BELL TELEPHONE COMPANY; PERMISSIBLY SELF-INSURED ADMINISTERED BY SEDGWICK 14627 ONTARIO

The Workers' Compensation Appeals Board denied Pacific Bell's petition for reconsideration of an award to Mark James. The original award found James sustained a 100% permanent disability due to industrial melanoma, and Pacific Bell argued for apportionment to non-industrial causes. The Board affirmed the finding that the Agreed Medical Evaluator, Dr. Blau, was unable to determine the percentage of disability caused by non-industrial factors due to insufficient information. This inability to apportion, not a failure to consult, meant Pacific Bell failed to meet its burden of proof for apportionment.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyMark JamesMaintenance Splicing TechnicianMelanomaPermanent DisabilityApportionmentLabor Code Section 4663Agreed Medical Evaluator (AME)Dr. Robert Blau
References
4
Case No. ADJ347577
Regular
Mar 09, 2011

STEPHEN FLANNERY vs. G & O SERVICES, ODIE PRETTYMAN, PACIFIC BELL, CAMBRIDGE SACRAMENTO, HELMSMAN MANAGEMENT, SEDGWICK CIGA GLENDALE

The Workers' Compensation Appeals Board denied Pacific Bell's petition for reconsideration regarding a penalty on delayed temporary disability payments. The WCJ had previously ordered Pacific Bell to pay the overdue temporary disability benefits and deferred the penalty issue. Pacific Bell argued the penalty claim was resolved under Labor Code §5814(c) upon payment, but the Board found no merit in this argument. The matter is returned to the trial level for resolution of the applicant's attorney fees related to the penalty under Labor Code §5814.5.

Workers' Compensation Appeals BoardReconsiderationLabor Code §5814.5Attorneys' FeesCalifornia Insurance Guarantee Association (CIGA)Pacific BellTemporary Disability IndemnityPenaltiesInterestAward
References
0
Showing 1-10 of 543 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational