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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

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope
References
12
Case No. 2015 NY Slip Op 06425 [131 AD3d 461]
Regular Panel Decision
Aug 05, 2015

Power v. Frasier

Joseph Power, an employee of the New York City Transit Authority, and his wife, sought damages for personal injuries sustained when Power was struck by a vehicle driven by coemployee John Frasier in a parking lot. Power had received workers' compensation benefits for his injuries. The defendants, John Frasier and his father Edward M. Frasier, moved for summary judgment, arguing the action was barred by the exclusivity provisions of the Workers' Compensation Law. The Supreme Court granted their motion, and the Appellate Division affirmed, holding that the Workers' Compensation Law provides an exclusive remedy when both parties are coemployees acting within the scope of their employment. Since John Frasier was found to be acting within the scope of his employment, he was immune from direct liability, and his father could not be held vicariously liable.

Personal InjuryWorkers' Compensation LawExclusivity ProvisionsCoemployee ImmunitySummary JudgmentVicarious LiabilityScope of EmploymentParking Lot AccidentAppellate ReviewStatutory Interpretation
References
15
Case No. MISSING
Regular Panel Decision

Zasada v. Niagara Mohawk Power Corp.

The plaintiffs, John Kline and the estate of Ronald E. Pollen, appealed a judgment from the Supreme Court, Schoharie County, which dismissed their complaint against Niagara Mohawk Power Corporation. The original action sought damages for injuries and death sustained in 1969 when a crane, operated by the plaintiffs, contacted live power lines owned by Niagara Mohawk. The trial court had found insufficient notice to establish foreseeability of the hazard. On appeal, the court determined that the record contained sufficient evidence of constructive notice regarding the extensive construction project and the likelihood of equipment operating near the power lines. Consequently, the appellate court reversed the judgment, finding that a jury could rationally find negligence on the part of Niagara Mohawk, and ordered a new trial.

Appellate ReviewNegligenceForeseeabilityConstructive NoticePower LinesWorkplace AccidentCrane OperationDismissal ReversedNew Trial OrderedUtility Company Liability
References
7
Case No. 2019 NY Slip Op 04470
Regular Panel Decision
Jun 06, 2019

Powers v. Plaza Tower, LLC

Plaintiff William Powers was injured after falling through a dismantled catwalk on the roof of a building owned by Plaza Tower, LLC, while installing a window washing scaffold. Plaza had retained plaintiff's employer, Global BMU, LLC, for the work. The Supreme Court denied Plaza's motion for summary judgment on its contractual indemnification claim against Global and granted Global's motion to dismiss the claim. The Appellate Division affirmed this decision, finding that the accident was due to Plaza's sole negligence for failing to maintain a safe premises or warn of hazards, and that Global and Powers were not negligent.

Premises liabilitySummary judgmentContractual indemnificationNegligenceCatwalk collapseBuilding ownerWarning signsDuty to maintainAppellate DivisionWorker injury
References
4
Case No. MISSING
Regular Panel Decision
May 26, 1994

Thomson v. Power Authority

Edward Thomson, Jr. suffered an injury while working for Crouse Nuclear Energy Services, Inc. at a Power Authority of the State of New York plant. Following Thomson's lawsuit and Crouse's bankruptcy, Power Authority commenced a second third-party action against Crouse's insurers, Zurich-American Insurance Company and Central National Insurance Company of Omaha, seeking a declaration of their duty to defend and indemnify. The appellate court reversed the IAS Court's denial of summary judgment, granting it to the insurers. The court determined that both insurers had not received timely notice of the lawsuit, as required by policy or implied by law, thereby vitiating their duty to defend or indemnify Crouse. The insurers' defense of untimely notice in their pleadings was deemed a sufficient disclaimer.

Insurance CoverageSummary JudgmentDuty to DefendDuty to IndemnifyTimely NoticeWorkers' CompensationGeneral LiabilityClaims-Made PolicyThird-Party ActionAppellate Review
References
9
Case No. 2025 NY Slip Op 00258
Regular Panel Decision
Jan 16, 2025

Scaletta v. Michels Power, Inc.

Brandon Scaletta, a helicopter lineman, sued Michels Power, Inc., the general contractor, after sustaining serious injuries when the helicopter he was working outside of crashed. Plaintiff alleged negligence and violations of New York Labor Law. Defendant sought dismissal, arguing plaintiff's claims were preempted by the Federal Aviation Act, which occupies the field of air safety. The Supreme Court denied dismissal, ruling the helicopter functioned as construction equipment. The Appellate Division affirmed, holding that the claims arose from the state's police power over occupational health and safety, not air safety, and did not conflict with federal regulations. A dissenting opinion argued the accident was inextricably linked to air safety, warranting federal preemption.

Federal PreemptionAir SafetyLabor LawNegligenceOccupational Health and SafetyAppellate DivisionHelicopter AccidentConstruction WorkGeneral Contractor LiabilityWorkplace Safety
References
25
Case No. MISSING
Regular Panel Decision
Apr 16, 2001

Silvercup Studios, Inc. v. Power Authority

This CPLR article 78 proceeding reviewed determinations by the Power Authority of the State of New York (NYPA) and the New York State Department of Environmental Conservation (DEC) concerning a natural gas-powered turbine generator project in Queens. NYPA issued a Negative Declaration under the State Environmental Quality Review Act (SEQRA), and DEC issued air pollution control permits. The Supreme Court initially annulled both determinations, enjoining construction until NYPA prepared a full environmental impact statement (EIS). On appeal, the judgment was modified: the annulment of DEC's air permits was reversed, confirming their validity. The injunction against NYPA was stayed until January 31, 2002, to allow time for SEQRA compliance. The Appellate Division affirmed the lower court's annulment of NYPA's negative declaration, finding NYPA should have issued a positive declaration and prepared an EIS due to potential significant environmental impacts.

Environmental ReviewSEQRANegative DeclarationAir Pollution PermitsArticle 78 ProceedingTurbine GeneratorEnvironmental Impact StatementJudicial ReviewAdministrative LawAppellate Division
References
18
Case No. MISSING
Regular Panel Decision

International Brotherhood of Electrical Workers, Local 97 v. Niagara Mohawk Power Corp.

This case involves a dispute between International Brotherhood of Electrical Workers, Local 97 (the union) and Niagara Mohawk Power Corporation. The union sought to confirm an arbitration award that reinstated employee Patrick J. Rando, who was discharged by Niagara Mohawk after adulterating a drug test sample and later testing positive for cocaine. Niagara Mohawk counterclaimed to vacate the award, arguing it violated public policy related to nuclear safety. The employee, a Chemistry Technician at a nuclear power plant, had unescorted access to critical areas. The court reviewed the public policy implications de novo, citing NRC regulations (10 C.F.R. Part 26) that emphasize strict adherence to nuclear safety rules and the trustworthiness of personnel. The court found that the grievant's conduct directly contravened this well-defined public policy. Consequently, the court denied the union's motion to confirm, granted Niagara Mohawk's cross-motion, and vacated the arbitration award, dismissing the complaint entirely. Both parties' requests for attorney's fees were denied.

ArbitrationPublic PolicyNuclear SafetyDrug TestingEmployee DischargeCollective Bargaining AgreementDue ProcessTrustworthinessReliabilityReinstatement
References
28
Case No. MISSING
Regular Panel Decision

Niagara Mohawk Power Corp. v. Green Island Power Authority

Petitioner Niagara Mohawk Power Corporation (NIMO) planned to sell the Green Island Hydroelectric Plant to Orion Power Holdings, Inc. and Erie Boulevard Hydropower, L.P. The respondent sought to acquire the plant through eminent domain to benefit the residents of the Village of Green Island with lower power rates and economic stability. After NIMO rejected their offer, respondent issued a determination that condemnation was in the public interest. Petitioners challenged this, specifically arguing non-compliance with the State Environmental Quality Review Act (SEQRA). The court found the respondent's negative declaration regarding environmental impact to be insufficient, as it failed to demonstrate a 'hard look' at the environmental consequences of operating the plant, given the respondent's limited prior utility experience. Consequently, the determination to condemn the property was annulled, and the petitions were granted.

Eminent DomainCondemnationEnvironmental Review (SEQRA)Public BenefitHydroelectric PlantProperty AcquisitionAppellate ReviewNegative DeclarationHard Look DoctrineUtility Divestiture
References
5
Case No. MISSING
Regular Panel Decision

LEFEVRE v. Niagara Mohawk Power Corp.

Plaintiffs, former employees of Niagara Mohawk Power Corporation, filed a putative class action alleging age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA). They challenged amendments to the company's health benefit plans, arguing that Medicare-eligible retirees were required to pay greater dollar amounts and percentages of total premiums for the same coverage compared to non-Medicare eligible retirees. Defendants moved for summary judgment. The court found that the plans were exempt from ADEA prohibitions due to their coordination with Medicare and also fell within the ADEA's 'equal benefit' safe harbor, as the actual benefits received were the same regardless of Medicare eligibility. Consequently, the court granted summary judgment for the defendants and dismissed the complaint.

Age DiscriminationADEARetiree Health BenefitsMedicare CoordinationSummary JudgmentEmployee Benefit PlansDiscrimination LawStatutory ExemptionEqual Benefit PrincipleClass Action
References
4
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