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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 08300 [177 AD3d 1370]
Regular Panel Decision
Nov 15, 2019

Warren v. E.J. Militello Concrete, Inc.

Plaintiffs, Gary E. Warren et al., commenced a negligence action against E.J. Militello Concrete, Inc., and Verizon New York, Inc., seeking damages for injuries sustained by Gary E. Warren on a sidewalk outside his employer, Verizon. The Supreme Court, Erie County, granted Verizon's motion for summary judgment, concluding that workers' compensation benefits were the exclusive remedy. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court held that the Workers' Compensation Board has primary jurisdiction to determine the applicability of the Workers' Compensation Law, and thus the Supreme Court should not have ruled on the summary judgment motion at that stage. The case was remitted to the Supreme Court for further proceedings after a determination by the Workers' Compensation Board.

NegligenceWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ProcedureRemittalScope of EmploymentSidewalk AccidentErie CountyFourth Department
References
3
Case No. MISSING
Regular Panel Decision
Sep 15, 1995

Curran v. City of New York

The City of New York, as a defendant third-party plaintiff, appealed an order from the Supreme Court, Richmond County, dated September 15, 1995. The original order had granted a motion by third-party defendant E.E. Cruz & Co., Inc. to dismiss the City's claim for common-law indemnification and contribution entirely. The appellate court modified the order, ruling that the dismissal should only apply to common-law indemnification up to the $1,000,000 limit of the Aetna insurance policy. This decision was based on the antisubrogation rule, as Aetna insured both the City and E.E. Cruz under the same policy. The modified order was subsequently affirmed.

Common-law indemnificationContributionAntisubrogation ruleInsurance policy limitsThird-party plaintiffThird-party defendantAppellate reviewPersonal injuries damagesInsurance lawMotion to dismiss
References
1
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. MISSING
Regular Panel Decision

Holtz v. E & E Drilling & Testing Co.

The Supreme Court erred in denying defendant E & E Drilling and Testing Company, Inc. (EEDT) permission to serve an amended answer. The proposed amendment sought to allege that workers' compensation benefits constitute the plaintiff's sole remedy. The appellate court ruled that leave to amend should be freely granted, and the plaintiff failed to demonstrate any prejudice. Furthermore, the court identified a factual dispute regarding the decedent's employment status at the time of the accident, which means the defendant's defense cannot be deemed meritless as a matter of law. Consequently, the original order was unanimously reversed, and the defendant's motion to serve an amended answer was granted.

Workers' Compensation BenefitsAmended PleadingsAffirmative DefensesEmployment StatusSole Remedy DoctrineAppellate ReviewProcedural ErrorLeave to AmendMaterial Issue of FactDenial of Motion
References
8
Case No. MISSING
Regular Panel Decision

Building Industry Fund v. Local Union No. 3, International Brotherhood of Electrical Workers

This Opinion and Order addresses defendant Local 3's motion for reconsideration, which the court treated as a new motion for summary judgment, regarding Count Eight of the complaint. The central issue revolves around the application of New York's Martin v. Curran rule, which requires proof of unanimous union membership authorization or ratification for tortious acts to hold an unincorporated labor union liable. Despite plaintiffs' arguments, the court affirmed the continued vitality of the Martin rule in New York. Finding that plaintiffs failed to demonstrate such unanimous authorization or ratification for either a letter-writing campaign or alleged violent acts, the court concluded that plaintiffs could not recover against Local 3 under state law. Consequently, Local 3's motion for summary judgment was granted, and Count Eight of the complaint was dismissed with prejudice.

Summary JudgmentReconsideration MotionLabor LawTortious InterferenceUnion LiabilityUnincorporated AssociationAuthorization and RatificationNew York LawFederal PreemptionPicket Line Violence
References
8
Case No. MISSING
Regular Panel Decision

Taylor v. Kranichfeld

This case concerns an appeal from a Workers' Compensation Board decision that established an employer-employee relationship between a claimant and Robert E. Kranichfeld, a farm owner. The claimant, a minor, suffered a severe arm injury while operating farm equipment. Kranichfeld contested the findings, arguing no employment relationship, lack of pecuniary gain for the farm, and coverage under his farm owner's insurance policy. Both the Workers' Compensation Law Judge and the Board upheld the existence of an employer-employee relationship and found that Kranichfeld's farm operated for pecuniary gain, thereby requiring him to provide workers' compensation coverage under Workers’ Compensation Law § 3 (1) (Group 14-b). The Board also ruled that the carrier, Eastern Mutual Insurance Company, was not liable due to a specific policy exclusion for farm employees. The appellate court affirmed the Board's decision, without costs.

Employer-Employee RelationshipFarm LaborWorkers' Compensation CoverageUninsured Employers FundPecuniary GainInsurance Policy ExclusionAppellate ReviewMinor EmployeeAccidental Injury
References
3
Case No. MISSING
Regular Panel Decision

Figueiredo Ferraz Consultoria E Engenharia De Projeto Ltda. v. Republic of Peru

Figueiredo Ferraz Consultoria E Engenharia de Projeto Ltda. (Plaintiff) had petitioned to confirm a $21 million arbitration award against the Republic of Peru, Ministerio de Vivienda, Construcción y Saneamiento, and Programa Agua Para Todos (Defendants). The Court dismissed the action due to forum non conveniens following a mandate from the Court of Appeals. Subsequently, Defendants moved for attorneys' fees and costs amounting to over $1.1 million. The Court denied this motion, ruling that the Federal Arbitration Act (FAA) governs the availability of attorneys' fees, and neither the FAA nor the parties' original agreement provides for such an award. The Court also rejected arguments regarding the applicability of Peruvian law and any alleged concession by the Plaintiff on fees.

Arbitration AwardForum Non ConveniensAttorneys' FeesFederal Arbitration ActInternational ArbitrationJudicial DiscretionContractual DisputeCivil ProcedureSecond CircuitMotion to Dismiss
References
14
Case No. MISSING
Regular Panel Decision

American Home Assurance Co. v. D.P. Consulting Corp.

American Home Assurance Company (American), an insurer, commenced a declaratory judgment action against D.E Consulting Corp. (D.E) and AvalonBay Communities, Inc. (AvalonBay). American sought a declaration that it was not obligated to defend or indemnify D.E in an underlying personal injury action, Canteros v AvalonBay Communities, Inc., asserting that no 'grave injury' under Workers' Compensation Law § 11 had occurred. The Supreme Court, Kings County, denied American's motion for summary judgment on this issue. On appeal, the court affirmed the denial of summary judgment. The appellate panel concluded that D.E had successfully raised a triable issue of fact regarding whether Canteros sustained a 'grave injury,' thereby preventing a ruling, as a matter of law, that American had no potential obligation to indemnify D.E under its policy.

Declaratory judgmentIndemnificationContributionGrave injuryWorkers' Compensation LawSummary judgmentInsurance policyEmployer liabilityTriable issue of factAppellate Division
References
7
Case No. MISSING
Regular Panel Decision

Anderson v. Local Union No. 3, International Brotherhood of Electrical Workers

This opinion addresses a declaratory judgment action brought by Madison Square Garden Center, Inc. and Madison Square Garden Corporation (collectively, "the Garden") against Local Union No. 3, International Brotherhood of Electrical Workers ("Local 3"). The Garden sought a declaration that they are not liable to Local 3 for contribution or indemnification concerning a judgment previously entered against Local 3 in antecedent civil rights litigation (Ingram v. Madison Square Garden Center, Inc. and Anderson v. Madison Square Garden Center, Inc.). In those prior actions, Local 3 was found liable for intentional discriminatory hiring practices under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The Court, presided over by Judge Sand in the Southern District of New York, granted the Garden's motion for summary judgment. The decision ruled that federal law governs, precluding contribution and indemnification under Title VII based on Northwest Airlines, Inc. v. Transport Workers. Furthermore, even if contribution were theoretically available under § 1981, it would not lie for an intentional tortfeasor, and any such claim would be defeated by a release given to the Garden by the original plaintiffs. Indemnity was also denied on similar grounds, emphasizing that an intentional tortfeasor cannot escape liability for deliberate wrongdoing.

Declaratory JudgmentSummary JudgmentContributionIndemnificationCivil Rights Act of 1964Title VII42 U.S.C. § 1981Employment DiscriminationIntentional TortFederal Common Law
References
16
Case No. MISSING
Regular Panel Decision

Detrick v. H & E MACHINERY, INC.

The plaintiff, Sherry Kellogg Detrick, sued her former employer, H & E Machinery, Inc., alleging sexual harassment under Title VII, Equal Pay Act violations, and state law claims including the New York Human Rights Law, intentional infliction of emotional distress, and negligence. Detrick contended she endured a hostile work environment and unequal pay compared to her male successor. H & E moved for summary judgment, arguing the Title VII and state law claims were time-barred, and the Equal Pay Act claim lacked a prima facie showing. The court granted H & E's motion, finding Detrick's harassment claims untimely and her Equal Pay Act claim unsupported by sufficient evidence of substantially equal jobs, and declined jurisdiction over the remaining state human rights claim.

Sexual HarassmentEmployment DiscriminationSummary JudgmentTitle VIIEqual Pay ActStatute of LimitationsContinuing Violation DoctrineNew York Human Rights LawHostile Work EnvironmentTimeliness of Claims
References
29
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