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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

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

Holick v. Cellular Sales of New York, LLC

Plaintiffs, a group of Sales Representatives, initiated an action against defendants Cellular Sales of Knoxville, Inc. and Cellular Sales of New York, L.L.C., alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law. They claimed misclassification as independent contractors, which led to a deprivation of guaranteed compensation, including minimum wage and overtime. Defendants responded with motions to dismiss for lack of subject matter jurisdiction and personal jurisdiction, and alternatively, to compel mediation/arbitration based on clauses in the sales agreements. The Court denied the motion to dismiss for lack of subject matter jurisdiction, affirming its power to adjudicate FLSA claims. However, it granted the defendants' motion to compel arbitration, determining that the mediation clauses were valid, unwaived, and that FLSA claims are arbitrable under federal law, leading to the dismissal of the complaint without prejudice. All other pending motions, including plaintiffs' request for conditional collective action certification, were subsequently denied as moot.

FLSALabor LawMisclassificationIndependent ContractorCollective ActionArbitrationMediationSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(1)
References
28
Case No. MISSING
Regular Panel Decision

Merrill Lynch Realty Associates, Inc. v. Burr

Merrill Lynch Realty Carll Burr, Inc. (MLRCB) and Merrill Lynch Realty Associates, Inc. (MLRA) sued Carll S. Burr III and other defendants over the use of the 'Burr' name in real estate. The dispute originated from a 1980 acquisition agreement and a subsequent employment contract with restrictive covenants. A previous settlement in 1984 also restricted Carll S. Burr III's use of the name. After MLRCB ceased using the 'Carll Burr' name, Carll S. Burr III established 'Carll Burr Realty'. The plaintiffs sought specific performance of the 1984 stipulation, damages, and a permanent injunction. The appellate court found that the lower court improvidently granted a preliminary injunction, citing sharply disputed facts regarding an alleged oral agreement to modify the contract and the plaintiffs' potential abandonment of the 'Burr' name. Additionally, the plaintiffs' sale of their real estate business undermined claims of irreparable injury, making preliminary injunctive relief unwarranted.

Preliminary InjunctionRestrictive CovenantsNon-compete ClauseOral ModificationContract DisputeTrade NameBusiness SaleIrreparable HarmBalancing of EquitiesDisputed Facts
References
8
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. 2017 NY Slip Op 00959 [147 AD3d 815]
Regular Panel Decision
Feb 08, 2017

Gonsalves v. 35 W. 54 Realty Corp.

The plaintiffs, Andrew Gonsalves and Shahazad M. Rasheed, sustained personal injuries at a construction site managed by Geiger Construction Company, Inc. and owned by 35 W. 54 Realty Corp. when a parapet wall collapsed during the lowering of a power washer. They sued 35 W. 54 Realty Corp. and Perimeter Bridge & Scaffold Co. for Labor Law violations. 35 W. 54 Realty Corp. then initiated third-party actions against Geiger Construction for contribution and common-law indemnification. After a jury found Geiger Construction negligent, the Supreme Court denied Geiger Construction's motions for judgment as a matter of law. The Appellate Division, Second Department, reversed these judgments, concluding that there was no rational basis for the jury to find Geiger Construction negligent, as 35 W. 54 Realty Corp. failed to establish a prima facie case of negligence against them. Consequently, the third-party causes of action against Geiger Construction were dismissed.

Personal InjuryConstruction AccidentLabor LawNegligenceContributionIndemnificationThird-Party ActionAppellate ReviewJudgment as a Matter of LawJury Verdict
References
7
Case No. MISSING
Regular Panel Decision

Sage Realty Corp. v. ISS Cleaning Services Group, Inc.

Plaintiffs, consisting of the owners of six commercial buildings and their managing agent, Sage Realty Corporation, brought an antitrust claim against the Realty Advisory Board on Labor Relations, Inc. (RAB) and ISS Cleaning Services Group, Inc. (ISS). The plaintiffs alleged that during a 1996 office building maintenance employee strike in New York City, the defendants engaged in a group boycott. This boycott purportedly blocked union members from returning to work for certain cleaning service contractors, thereby preventing plaintiffs from employing those union members. The defendants moved to dismiss the complaint, arguing that the plaintiffs failed to allege a cognizable antitrust injury and that the non-statutory labor exemption barred the claim. The court granted the defendants' motion, concluding that the plaintiffs did not sufficiently demonstrate antitrust injury and that the defendants' conduct was protected by the non-statutory labor exemption.

Antitrust LawGroup BoycottLabor ExemptionCollective BargainingLabor StrikeCleaning Service IndustryCommercial Real Estate MarketMotion to DismissSherman ActNon-Statutory Labor Exemption
References
21
Case No. MISSING
Regular Panel Decision

Stachura v. 615-51 Street Realty Corp.

The defendants third-party plaintiffs, 615-51 Street Realty Corp. and New Deal Realty Corp., appealed an order denying summary judgment to New Deal Realty Corp. on a contractual indemnification claim and granting dismissal of that claim to the third-party defendant, J&L Landscaping Inc. The appellate court dismissed the appeal of 615-51 Street Realty Corp. The court reversed the order pertaining to New Deal Realty Corp., finding that the 'hold harmless' agreement between New Deal and J&L was a valid and binding contract supported by consideration and not rendered unenforceable by General Obligations Law § 5-322.1. New Deal Realty Corp. successfully demonstrated its freedom from negligence, and J&L Landscaping Inc. failed to raise a triable issue of fact. Consequently, summary judgment was awarded in favor of New Deal Realty Corp. on its contractual indemnification claim against J&L Landscaping Inc.

Construction AccidentContractual IndemnificationHold Harmless AgreementSummary JudgmentThird-Party ClaimWorkers' Compensation LawGeneral Obligations LawAppellate ReviewPersonal Injury DamagesNegligence
References
11
Case No. 709355/19
Regular Panel Decision
Jan 28, 2026

Gibbs v. New Ram Realty, LLC

Cecil Gibbs sued New Ram Realty, LLC, and KCM Realty Company, L.P., for personal injuries after slipping on a water puddle in a hotel room. The defendants moved for summary judgment, arguing they were an out-of-possession landlord and lacked notice of the hazardous condition. The Supreme Court denied their motion. The Appellate Division reversed this decision, ruling that KCM Realty was an out-of-possession landlord with no duty to repair, and New Ram Realty, LLC, did not create the condition or have constructive notice of the leak. The motion for summary judgment dismissing the complaint against them was granted.

Slip and FallPremises LiabilityOut-of-Possession LandlordSummary JudgmentConstructive NoticePersonal InjuryAppellate DivisionHotel LiabilityProperty Owner LiabilityLack of Notice
References
15
Case No. MISSING
Regular Panel Decision

Union Realty Company v. Family Dollar Stores of Tennessee, Inc.

This case concerns an appeal stemming from a premises liability action. Union Realty Company, owner of a shopping center, was sued following the death of an employee, Jo A. Parker, at a Family Dollar store. Union Realty then sued Family Dollar Stores (FDS) and its insurer, Travelers, alleging breach of a lease agreement requiring FDS to name Union Realty as an additional insured. The appellate court affirmed the trial court's denial of FDS's motion to dismiss for mootness, citing Travelers' reservation of rights during settlement of the underlying Parker lawsuit. However, the court reversed the summary judgment in favor of Union Realty, finding the lease did not obligate FDS to provide insurance coverage for Union Realty's sole negligence in common areas. Additionally, the court vacated the trial court's determination that FDS breached the lease due to a $250,000 deductible in the insurance policy.

Premises LiabilityInsurance CoverageBreach of ContractLease AgreementDuty to DefendAdditional InsuredSummary JudgmentMootness DoctrineAppellate ReviewContract Interpretation
References
8
Case No. 05-14-01265-CV
Regular Panel Decision
Jul 20, 2015

Azeb Ruder v. William Jordan D/B/A William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appealed the denial of her motion to dismiss defamation claims filed by William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC d/b/a William Davis Realty, and Kathy Jabri. Ruder's motion was filed under the Texas Citizens’ Participation Act (TCPA) after she posted a negative review of Kathy Jabri's real estate services on Zillow. Appellees claimed Ruder's statements were defamatory, specifically regarding the property being 'Temp Off Market' for over 100 days against her wish, other realtors' opinions, and questioning Jabri's competence. The appellate court found Ruder met her burden under TCPA. However, appellees failed to establish a prima facie case for defamation because the alleged false statements were either substantially true (regarding the duration of the 'Temp Off Market' status) or non-actionable statements of opinion (regarding competence or mental state). The court reversed the trial court's order and dismissed the defamation claims, remanding for determination of costs and attorney's fees.

DefamationTexas Citizens' Participation ActTCPAFree SpeechReal Estate LawMotion to DismissAppellate ProcedurePrima Facie CaseSubstantial Truth DoctrineStatement of Opinion
References
22
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