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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 04460 [173 AD3d 437]
Regular Panel Decision
Jun 06, 2019

Madison Sullivan Partners LLC v. PMG Sullivan St., LLC

Plaintiff Madison Sullivan Partners LLC appealed an order that dismissed its complaint against PMG Sullivan Street, LLC and awarded attorneys' fees to the defendants. The plaintiff alleged damages from a joint property development due to delays, cost overruns, bad faith, intentional wrongdoing, and gross negligence by PMG Sullivan. The court found that the plaintiff's allegations were insufficient to demonstrate demand futility under Delaware law, lacking particularized facts to show a 'substantial likelihood' of personal liability for the defendants. Consequently, claims for breach of fiduciary duty and aiding and abetting were dismissed. Furthermore, the claim for an accounting was deemed abandoned, and the breach of construction management agreement claim was barred by a waiver of consequential damages. The Appellate Division affirmed the lower court's decision, including the award of attorneys' fees to the defendants, finding the contractual provision plainly supported such an award to the prevailing party.

Business disputeDemand futilityDelaware lawFiduciary dutyAttorneys' feesConsequential damagesWaiverContract enforcementDerivative actionAppellate review
References
7
Case No. 2025 NYSlipOp 01187 [236 AD3d 402]
Regular Panel Decision
Mar 04, 2025

Cruz v. PMG Constr. Group LLC

Plaintiff, a metal and glass worker, was injured when a 225 to 250 pound glass window fell on him. He initiated an action against defendants, alleging violations of Labor Law §§ 240 (1), 241 (6), and 200. The Supreme Court initially denied defendants' motion for summary judgment. On appeal, the Appellate Division, First Department, modified the order, granting summary judgment to dismiss the plaintiff's Labor Law §§ 241 (6) and 200 claims, while affirming the denial of summary judgment for the Labor Law § 240 (1) claim due to conflicting expert opinions on elevation risk. The court found no violation of Industrial Code § 23-2.1 (a) (1) as the materials did not obstruct a passageway, and insufficient evidence for a Labor Law § 200 claim as defendants did not supervise plaintiff's work.

Labor LawConstruction AccidentSummary JudgmentElevation RiskIndustrial CodePremises LiabilityWorker InjuryAppellate ReviewConflicting Expert OpinionsStatutory Interpretation
References
7
Case No. ADJ10344350; ADJ10344309
Regular
Sep 29, 2025

JUAN SALAZAR vs. MAYWOOD PLAZA MARKET, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision by a workers' compensation administrative law judge (WCJ) concerning lien claimants Industrial Healthcare PMG, Complete Interpreting, and Peralta Hills-Mission Valley Imaging. The WCJ had dismissed their liens, finding their declarations under Labor Code section 4903.8(d) invalid. The WCAB, however, found that the declarant, Ilona Kulikova, possessed sufficient personal knowledge and access to information to competently testify regarding the services provided and billing accuracy. Consequently, the WCAB rescinded the WCJ's Findings and Orders and substituted new findings declaring the lien claimants' original section 4903.8(d) declarations valid, thus remanding the matter for further proceedings.

Labor Code Section 4903.8(d)Lien claimantsDeclarationsCompetent to testifyPrima facie evidenceBurden of proofIndustrial Healthcare PMGComplete InterpretingPeralta Hills-Mission Valley ImagingIlona Kulikova
References
11
Case No. MISSING
Regular Panel Decision

Cabrera v. Two-Three-Nought-Four Associates

Claimant sustained a back injury and umbilical hernia in September 1994 while performing duties as a building superintendent. An initial Workers’ Compensation Law Judge (WCLJ) decision found the building owner, Two-Three-Nought-Four Associates (2304 Associates), fully liable as the employer and fined them for not maintaining workers' compensation insurance. The Workers’ Compensation Board later modified this, identifying 2304 Associates as the general employer and Property Management Group (PMG) as the special employer, but upheld 2304 Associates' full liability due to its overwhelming control and benefit from the property. 2304 Associates appealed, challenging the employment relationship finding and the full liability assessment. The Appellate Division affirmed the Board's decision, citing substantial evidence that supported the Board’s conclusions regarding 2304 Associates' role as the general employer and its ultimate liability.

Employment RelationshipGeneral EmployerSpecial EmployerEmployer LiabilityWorkers' Compensation InsuranceAppellate ReviewSubstantial EvidenceCredibility AssessmentBuilding SuperintendentBack Injury
References
12
Case No. MISSING
Regular Panel Decision

Lugosch v. Congel

This Memorandum-Decision and Order addresses several motions in an action under the Racketeer Influenced and Corrupt Organizations Act (RICO) and New York common law. Plaintiffs, minority general partners, allege a fraudulent scheme by defendant Robert J. Congel and associated entities, including Pyramid Management Group (PMG), to exploit and drain profitable shopping malls. The scheme purportedly involved false financial reporting, commingling of funds, overcharging for management fees, and misappropriation of partnership opportunities to fund Congel's non-Partnership projects. The Court granted summary judgment dismissing certain RICO claims (18 U.S.C. § 1962(a) except for claims concerning S & R, and entirely for § 1962(b)), but denied summary judgment for RICO claims under §§ 1962(c) and (d), and for all state law claims. Additionally, an appeal for discovery documents was denied, and a motion to amend a page limit for an omnibus reply brief was granted.

RICOMail FraudWire FraudFraudulent SchemeBreach of Fiduciary DutyBreach of ContractSummary JudgmentPartnership DisputeCorporate MisconductFinancial Misappropriation
References
39
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