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

Case No. MISSING
Regular Panel Decision
Jan 06, 2000

Jaeger v. Costanzi Crane, Inc.

Plaintiff Herman Jaeger, an employee of Jett Industries, Inc., was injured at a bridge construction site in December 1996 while attempting to straighten a rubber bearing plate as a 36-ton concrete beam was being lowered by two cranes. One of the cranes was provided by defendant Costanzi Crane, Inc. Plaintiff and his wife commenced an action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Defendant Costanzi Crane, Inc. moved for summary judgment, which the Supreme Court denied. On appeal, the court found that plaintiff's injuries were not caused by a malfunction or lack of a protective device, thus the Labor Law § 240 (1) claim failed. Furthermore, since defendant had no supervisory control over the activities that led to the injury, the claims under common-law negligence and Labor Law §§ 200 and 241 (6) also failed. The order was modified, granting summary judgment to Costanzi Crane, Inc. and dismissing the complaint against it.

Summary JudgmentConstruction AccidentCrane OperationWorkplace SafetyNegligenceSupervisory ControlGravity-Related AccidentThird-Party LiabilityInjury ClaimBridge Construction
References
5
Case No. 2017 NY Slip Op 06419 [154 AD3d 139]
Regular Panel Decision
Sep 12, 2017

Matter of 91st St. Crane Collapse Litig.

The Appellate Division, First Department, reviewed consolidated wrongful death actions stemming from a 2008 crane collapse in Manhattan, which caused the deaths of Donald Christopher Leo and Ramadan Kurtaj. Plaintiffs, including Maria Leo and Xhevahire Sinanaj, sued James F. Lomma and his companies (J.F. Lomma, Inc. and New York Crane & Equipment Corp.) alleging negligence and reckless conduct related to a defective crane bearing. The court affirmed the jury's decision to pierce the corporate veil and to preclude a defense expert, finding Lomma personally liable due to his actions. However, the appellate court significantly reduced the jury's substantial awards for preimpact terror, conscious pain and suffering, and punitive damages, deeming them excessive. The judgment was modified, contingent on the plaintiffs stipulating to the reduced amounts.

Crane CollapseWrongful DeathCorporate Veil PiercingPunitive DamagesExpert Testimony PreclusionNegligenceConstruction AccidentConscious Pain and SufferingPreimpact TerrorDefective Weld
References
33
Case No. MISSING
Regular Panel Decision

Szarewicz v. Alboro Crane Rental Corp.

The interlocutory judgment from Supreme Court, Kings County, favoring the plaintiff against Alboro Crane Rental Corp. on liability, was unanimously reversed and vacated on appeal. The plaintiff, a structural steel worker employed by Harrod Steel Erectors, was injured when knocked off a steel beam, allegedly due to a negligent crane operator. A key issue was whether an employer-employee relationship existed between the operator and Alboro, which owned and leased the crane to Harrod. The court found insufficient evidence to establish this relationship, noting the operator was not on Alboro's payroll and Alboro lacked control over his work. Consequently, the complaint against Alboro was dismissed, as liability could not be based on the rental agreement or control theory.

Crane accidentliabilityemployer-employee relationshipvicarious liabilitynegligenceleased equipmentappellate reviewjudgment reversalstructural steel workercrane operator control
References
2
Case No. MISSING
Regular Panel Decision

Dean v. Crane

Petitioner Deborah Dean moved to vacate a Queens County Family Court order granting custody of her daughter, Robin, to respondent George Crane, seeking to reinstate a prior Colorado District Court order or refer the matter to Colorado. The Queens Order was issued on default after the father alleged the mother exposed Robin to domestic violence and instability. This court determined that the Queens Family Court had 'emergency jurisdiction' to issue its order, despite potential issues with the Parental Kidnaping Prevention Act (PKPA) due to the mother's failure to raise the issue earlier. However, considering the default nature of the Queens Order and the mother's alleged recovery, the court directed a plenary fact-finding hearing based on the 'best interests' of the child. The court also ruled that this hearing should take place in New York, as Robin has resided with her father there for nearly two years.

Child CustodyFamily LawSubject Matter JurisdictionEmergency JurisdictionUniform Child Custody Jurisdiction ActParental Kidnaping Prevention ActDefault JudgmentBest Interests of the ChildInterstate Custody DisputeVacatur of Order
References
10
Case No. MISSING
Regular Panel Decision

Crane v. Shulkin

Plaintiff Dawn Crane filed an action against Defendant David J. Shulkin, Secretary of the Department of Veterans Affairs, alleging violations of Title VII (gender discrimination) and the ADEA (age discrimination). Plaintiff claimed two adverse employment actions: her inability to compete for a GS-9 position awarded to a younger male, John Fiero, and a lateral transfer to Human Resources that hindered her career advancement. Defendant filed a motion for summary judgment. The court granted the defendant's motion, concluding that the plaintiff failed to timely exhaust her administrative remedies for both claims. Furthermore, the court found that even if the claims were exhausted, the defendant provided legitimate, non-discriminatory reasons for Fiero's promotion and the plaintiff's transfer, and the plaintiff failed to demonstrate that these reasons were pretextual. Consequently, all of the plaintiff's claims were dismissed with prejudice.

Employment DiscriminationTitle VIIADEASummary JudgmentExhaustion of RemediesAdministrative RemediesPrima Facie CasePretextGender DiscriminationAge Discrimination
References
20
Case No. MISSING
Regular Panel Decision

Field v. New York University

Plaintiff Walter Field, an employee of Exterior Erecting Services, Inc., sustained a crushing injury to his left hand while working on a mobile crane at a New York University renovation site. Field and his wife sued NYU, Corporate Interiors Contracting, Inc., Eastern Exterior Wall Systems, and Cranes, Inc., alleging common-law negligence and Labor Law violations. The court granted summary judgment dismissing Field's complaint against NYU, Corp, and Eastern regarding Labor Law § 241 (6) claims, finding the cited Industrial Code provisions either complied with or too general. The court denied motions to dismiss Cranes' third-party complaint against Eastern and Exterior, allowing Cranes to amend its complaint to allege 'grave injury' under Workers' Compensation Law § 11. Finally, the court denied summary judgment for NYU, Corp, and Eastern on their indemnification claims against Cranes, Inc. due to insufficient evidentiary support.

Personal InjuryConstruction AccidentLabor LawIndustrial CodeSummary JudgmentWorkers' Compensation LawGrave InjuryMobile CraneOutriggerIndemnification
References
9
Case No. MISSING
Regular Panel Decision
Jan 05, 2016

Leo v. Lomma

This case addresses consolidated wrongful death actions resulting from a catastrophic crane collapse in Manhattan in 2008, which led to the deaths of Donald Leo and Kurtaj. The plaintiffs successfully sued New York Crane & Equipment Corp., J.F. Lomma, Inc., and James F. Lomma, with the jury finding negligence and piercing the corporate veil to hold Lomma personally liable for prioritizing profit over safety in procuring a defective crane bearing. On appeal, the court affirmed the liability findings and the corporate veil piercing, while also upholding the preclusion of a defense expert's testimony. However, the appellate court deemed the jury's substantial awards for preimpact terror, pain and suffering, and punitive damages to be excessive. Consequently, it directed a new trial on these damages unless the plaintiffs agreed to stipulated reductions, otherwise affirming the judgments with modifications.

Wrongful DeathCrane CollapseCorporate Veil PiercingPunitive DamagesExcessive DamagesExpert Witness PreclusionNegligenceReckless ConductConstruction AccidentPreimpact Terror
References
34
Case No. 2024 NY Slip Op 00750 [224 AD3d 488]
Regular Panel Decision
Feb 13, 2024

Weidtman v. Tremont Renaissance Hous. Dev. Fund Co., Inc.

Plaintiff Gregory Weidtman, an employee of NYC Crane, was injured at a construction site when struck by a hoisted plank, causing him to fall into a basement. A prior order had granted plaintiff partial summary judgment on a Labor Law § 240 (1) claim against various defendants due to the lack of safety devices. The Appellate Division modified the Supreme Court's order, dismissing common-law negligence claims against Tremont and Mastermind, and granting conditional summary judgment on contractual indemnification claims to Tremont/Joy Defendants against Urban, and to Urban against Newburgh and NYC Crane. Furthermore, the court granted Tremont/Joy Defendants' claim for breach of contractual obligation to procure insurance against Newburgh and NYC Crane. The decision otherwise affirmed portions of the prior order and identified remaining issues of fact for other claims.

Construction Site AccidentLabor Law LiabilityContractual IndemnityCommon-Law NegligenceSummary JudgmentBreach of Insurance ObligationThird-Party LitigationWorkplace SafetyAppellate Division RulingWorker Fall Injury
References
15
Case No. 2016 NY Slip Op 06557 [143 AD3d 483]
Regular Panel Decision
Oct 06, 2016

Matter of New York City Asbestos Litigation

This case, Matter of New York City Asbestos Litigation, involves an appeal by Crane Co. against a jury verdict awarding damages to Laraine Sweberg, as executrix of Ivan Sweberg, for mesothelioma caused by asbestos exposure. The Appellate Division, First Department, affirmed the jury's finding that Crane Co. was liable for failing to warn about asbestos hazards, as it promoted asbestos-containing materials alongside its products despite knowing the dangers since the 1930s. The court found sufficient evidence to support proximate causation and the submission of recklessness to the jury. However, the court modified the judgment regarding the award for future pain and suffering, conditionally vacating it and ordering a new trial unless the plaintiff stipulates to a reduced award of $4.5 million.

Asbestos LitigationMesotheliomaFailure to WarnProximate CauseJury VerdictDamages RemittiturFuture Pain and SufferingAppellate ReviewProduct LiabilityAsbestos Exposure
References
6
Case No. ADJ9729782
Regular
May 09, 2016

CORY ALLRED vs. RST CRANES, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to insufficient medical evidence regarding permanent disability. The Board found that the Qualified Medical Evaluator (PQME) failed to adequately explain his deviation from a strict AMA Guides rating, specifically by not elaborating on the impact on activities of daily living. The matter was returned to the trial level for further development of the record, including potential supplemental reporting or deposition of the PQME, to ensure substantial justice.

Workers Compensation Appeals BoardCory AllredRST CranesAce American InsuranceBarrett Business ServicesPQMERobert WilsonAMA GuidesAlmaraz-GuzmanPermanent Disability Rating Schedule
References
14
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