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

Case No. action No. 2
Regular Panel Decision

U.W. Marx, Inc. v. Koko Contracting, Inc.

Koko Contracting, Inc., a subcontractor, ceased work on a school construction project after U.W. Marx, Inc., the general contractor, failed to make three successive progress payments. Marx declared Koko in default and terminated the contract. In action No. 2, the Supreme Court found in favor of Koko, ruling that Marx's failure to pay was a material breach of contract. Marx and its surety, Continental Casualty Company, appealed, arguing Koko's recovery was precluded by its failure to provide seven days' written notice before suspending work as required by the subcontract. The appellate court affirmed the lower court's decision, holding that Marx's prior material breach relieved Koko from its obligation to strictly comply with the notice provision, as the clause was primarily for the subcontractor's benefit regarding remobilization costs.

Construction ContractMaterial BreachNonpaymentSubcontractorGeneral ContractorAppealNotice to CureSuspension of WorkContract PerformanceContractual Obligations
References
9
Case No. MISSING
Regular Panel Decision
Aug 16, 2006

Superior Ice Rink, Inc. v. Nescon Contracting Corp.

The plaintiff contracted with Nescon Contracting Corp. for painting services and required to be named an additional insured under Nescon's liability policy. Nescon's insurance broker, Seigerman-Mulvey Company, Inc., issued a certificate indicating plaintiff was an additional insured, but the insurer, Merchants Mutual Insurance Company, later disclaimed coverage after workers were injured on the plaintiff's premises. The plaintiff sued Seigerman-Mulvey for breach of contract, alleging third-party beneficiary status. The Supreme Court denied Seigerman-Mulvey's motion to dismiss the complaint. However, the appellate court reversed, granting the motion to dismiss, holding that the plaintiff was not in privity of contract with Seigerman-Mulvey, was owed no duty by them, and failed to establish itself as an intended third-party beneficiary or demonstrate fraud, collusion, or other special circumstances for recovery.

Breach of ContractInsurance Broker LiabilityThird-Party BeneficiaryMotion to DismissAdditional InsuredPrivity of ContractAppellate ReviewInsurance Coverage DisclaimerCPLR 3211(a)(7)Pecuniary Loss
References
4
Case No. MISSING
Regular Panel Decision

In Re Cornwall Hill Realty, Inc.

The debtor, Cornwall Hill Realty, Inc., filed for Chapter 11 bankruptcy and moved to reject a consulting and management contract with Lori-Kay Management Corp. Cornwall argued the contract was executory under 11 U.S.C. § 365(a). Lori-Kay opposed, asserting the agreement was not an executory contract. The court found that Lori-Kay had no further duties to perform under the contract, as its stated obligations were discretionary and essentially provided a mechanism for additional purchase price payments to Lori-Kay, which was the former owner of the property. Therefore, the court concluded that the contract was not executory and denied Cornwall’s motion to reject it. Lori-Kay's claim was deemed an unsecured, fixed prepetition claim.

BankruptcyChapter 11Executory ContractContract RejectionSecured ClaimUnsecured ClaimPrepetition ClaimInstallment Sales ContractReal EstateSubdivision Approval
References
7
Case No. MISSING
Regular Panel Decision

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

Plaintiff A&V 425 LLC Contracting Co. sought to foreclose upon 76 mechanic’s liens filed against condominium units and asserted claims for breach of contract and quasi-contractual remedies. The defendants, including RFD 55th Street LLC and individual unit owners, moved to discharge the liens and dismiss the causes of action. The court granted the motion to dismiss all four causes of action. The mechanic's liens were found invalid under Lien Law § 13 (5) as the deeds of conveyance to third-party purchasers contained the required trust fund provision and were recorded before the liens were filed. The breach of contract claim against non-parties was dismissed due to lack of privity and insufficient allegations for piercing the corporate veil. The quasi-contractual claims were also dismissed as a valid written contract existed covering the disputed subject matter.

Mechanic's LiensLien LawMotion to DismissBreach of ContractQuasi-ContractQuantum MeruitUnjust EnrichmentCorporate Veil PiercingPrivity of ContractConstruction Law
References
17
Case No. MISSING
Regular Panel Decision

Lobosco v. Best Buy, Inc.

This case involves an appeal by Everest National Insurance Company concerning its duty to defend and indemnify Schimenti Construction Corporation, Best Buy, Inc., and Dame Contracting, Inc., in a personal injury action. The underlying plaintiff, an employee of Dame, sustained injuries on a construction site. Schimenti and Best Buy, a general contractor and property owner, were allegedly not named as additional insureds on Dame's policy with Everest, despite a contractual requirement. All parties involved failed to provide timely notice of the accident to Everest. The Supreme Court initially denied Everest's cross-motion for summary judgment, but the appellate court reversed this decision. The appellate court granted Everest's cross-motion, ruling that the failure to provide timely notice vitiated the insurance contract and that the reasons for delay were unreasonable. Consequently, Everest was determined to have no obligation to defend or indemnify the other parties.

Insurance CoverageDuty to DefendDuty to IndemnifyTimely NoticeSummary JudgmentAppellate ReviewSubcontractor LiabilityAdditional InsuredsPersonal InjuryLate Notice Defense
References
16
Case No. MISSING
Regular Panel Decision

Apex Industrial Construction Corp. v. Village of Lake George

The plaintiff appealed a judgment dismissing its complaint for breach of contract and awarding damages to the defendant village on its counterclaim. The plaintiff claimed the village breached the contract by failing to provide a clear construction site, due to a plumbers' union picket line protesting the village's award of plumbing work to a nonunion employer. The court found that the picketing was an act of a third party, not attributable to the village, and that the village lawfully awarded contracts to the lowest responsible bidder, even if nonunion. Therefore, the plaintiff's abandonment of the job constituted a breach of contract, justifying the damages awarded to the village. The judgment was affirmed.

Breach of ContractConstruction LawLabor DisputePicket LineNonunion EmployerMunicipal ContractsLowest Responsible BidderContract AbandonmentDamages AwardedThird-Party Action
References
1
Case No. MISSING
Regular Panel Decision

Yuhas v. Provident Life & Casualty Insurance

Deborah Yuhas sued Provident Life and Casualty Insurance Company under ERISA for long-term disability benefits, claiming physical disability. Yuhas, a graphic designer, initially received benefits for a mental condition, which ceased after 24 months due to policy limitations. She subsequently appealed, claiming physical disabilities from a car accident, leading to a retroactive award of benefits for a specific period (October 1991 through May 1993) but no further benefits. Provident repeatedly denied her claim for benefits beyond May 1993, citing lack of objective physical disability and the expiration of appeal periods. Yuhas filed suit in September 2000, but the court granted Provident's motion for summary judgment, ruling that her claim was barred by the three-year statute of limitations, which had accrued by December 13, 1993, at the latest.

ERISALong Term Disability BenefitsSummary JudgmentStatute of LimitationsAccrual of Cause of ActionDisability Insurance PolicyMental DisorderPhysical InjuryAppeals ProcessRepudiation of Claim
References
13
Case No. 2014 NY Slip Op 05293 [119 AD3d 718]
Regular Panel Decision
Jul 16, 2014

Caiazzo v. Mark Joseph Contracting, Inc.

Ronald Caiazzo, Jr. sued Mark Joseph Contracting, Inc., Julia Coen, and Ana Reyes for personal injuries sustained while installing an air conditioning system at a house owned by Julia Coen. Caiazzo fell from a makeshift step, alleging violations of Labor Law §§ 200, 240(1), 241(6) and common-law negligence. The Supreme Court initially granted summary judgment dismissing certain claims. On appeal, the Appellate Division affirmed the dismissal of Labor Law §§ 200, 240(1), and 241(6) claims against Mark Joseph Contracting, Inc., and Labor Law §§ 240(1) and 241(6) claims against Julia Coen, citing the homeowner exemption for Coen. However, the court reversed the denial of summary judgment to Mark Joseph Contracting, Inc. on the common-law negligence claim, granting dismissal. The denial of summary judgment for Julia Coen on Labor Law § 200 and common-law negligence was affirmed, as triable issues of fact remained regarding her notice of a dangerous condition.

Personal InjuryLabor LawConstruction SiteSummary JudgmentCommon-law NegligenceElevated Work SiteDangerous ConditionHomeowner ExemptionAppellate ReviewSuffolk County
References
25
Case No. MISSING
Regular Panel Decision

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. MISSING
Regular Panel Decision

Harry C. Partridge, Jr. & Sons, Inc. v. M & R Construction Corp. (In Re Harry C. Partridge, Jr. & Sons, Inc.)

Harry C. Partridge, Jr. & Sons, Inc., a debtor in Chapter 11 bankruptcy, sought to recover an 8% retainage differential from M & R Construction Corp., the general contractor. The debtor, a subcontractor for the Camden County Correctional Facility project, argued that M & R's prime contract with the Camden County Board of Chosen Freeholders only allowed for a 2% retainage, while M & R withheld 10% from the debtor. The debtor claimed a contractual clause stating, 'If General Contract allows for reduction of retainage, subcontract retainage will be reduced,' entitled them to the differential. M & R countered that no reduction had occurred in its prime contract and the debtor had not completed its obligations. The court determined the action was a core bankruptcy proceeding but ultimately dismissed the debtor's claim, finding the 10% retainage was a clearly agreed-upon term in the subcontract, justified by the debtor's failure to provide a performance bond, unlike the general contractor.

Bankruptcy LawChapter 11 ReorganizationContract DisputeRetainage ClauseSubcontractor RightsGeneral Contractor ObligationsSurety BondJurisdictional ChallengeCore ProceedingNew Jersey State Law
References
6
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