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

Case No. 2025 NY Slip Op 02569 [237 AD3d 1160]
Regular Panel Decision
Apr 30, 2025

Delcid-Funez v. Seasons at E. Meadow Home Owners Assn.

The plaintiff, Edwin Delcid-Funez, suffered personal injuries after falling approximately 30 feet from a condominium roof while shoveling snow, which he was doing for his employer in response to a leak complaint. He initiated an action against Seasons at East Meadow Home Owners Association, Inc., and Einsidler Management, Inc., alleging a violation of Labor Law § 240 (1). Both the plaintiff and the defendants moved for summary judgment on the issue of liability. The Supreme Court denied both motions. The Appellate Division affirmed the Supreme Court's order, concluding that triable issues of fact remain regarding whether the plaintiff was engaged in an enumerated activity under Labor Law § 240 (1) and whether his actions constituted the sole proximate cause of his injuries.

Labor LawSafe Place to WorkSnow ShovelingRoof FallPersonal InjurySummary JudgmentLiabilityElevated Work SiteProximate CauseAppellate Review
References
9
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. MISSING
Regular Panel Decision
May 03, 2000

RLI Insurance v. New York State Department of Labor

This appeal concerns a dispute between a surety and the Department of Labor over funds held by a school district. The surety, after posting performance and payment bonds for a public improvement project, expended over $176,000 to complete the project and pay laborers following the contractor's default. The Department of Labor sought to withhold funds from the school district for the contractor's underpaid wages on both the subject project and an unrelated one, invoking Labor Law § 220-b (2) (a) (1). The Supreme Court dismissed the surety's application, ruling that the Department of Labor's claim for underpaid wages, even from unrelated projects, was superior. The Appellate Division affirmed this judgment, establishing that Labor Law § 220-b (2) creates a statutory trust for underpaid wages that takes precedence over a surety's subrogation claims.

Surety bondsPerformance bondPayment bondPublic improvement projectSubrogation rightsUnderpaid wagesPrevailing wageStatutory trustLien LawLabor Law
References
3
Case No. 536000
Regular Panel Decision
Mar 07, 2024

Matter of Elhannon Wholesale Nursery, Inc. (Commissioner of Labor)

Elhannon Wholesale Nursery, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found the company liable for additional unemployment insurance contributions for its H-2A agricultural workers from 2014 to 2016. The contributions included remuneration for housing and utilities provided to these workers. Elhannon argued for the retroactive application of a 2019 amendment to Labor Law § 564, which excluded H-2A workers from the definition of "employment," but the court found no clear legislative intent for retroactivity. The company also challenged the Board's authority to assess contributions for workers ineligible for benefits and disputed the valuation of housing and utility remuneration. The Appellate Division, Third Department, affirmed the Board's decision, asserting that an employer's obligation to pay contributions is independent of employee eligibility for benefits and upholding the Commissioner's method for calculating remuneration.

Unemployment InsuranceH-2A WorkersAgricultural LaborRetroactive ApplicationStatutory InterpretationLabor LawPayroll TaxEmployer ContributionsRemuneration ValuationHousing Benefits
References
15
Case No. MISSING
Regular Panel Decision

Agriculture Ins. Co., Inc. v. Ace Hardware Corp.

Plaintiff Agricultural Insurance Company, Inc., as assignee of injured worker Robert T. Treadway, Jr., moved for partial summary judgment on liability under N.Y. Labor Law § 240(1) against defendants Ace Hardware Corporation and Butler Construction Company. Treadway was severely injured when he fell from an elevated height at a construction site after the steel beam he was standing on collapsed. Although provided with a safety harness and line, these were attached to the very beam that failed, rendering them inadequate. The court granted the plaintiff's motion, concluding that the defendants violated § 240(1) by failing to provide proper protection and that this failure was the proximate cause of Treadway's injuries. The court rejected arguments regarding the admissibility of an accident report, a superceding cause (wind), and Treadway's contributory negligence.

N.Y. Labor LawSummary JudgmentLiabilityConstruction AccidentElevated WorkSafety DevicesProximate CauseContributory NegligenceHearsay ExceptionParty Admission
References
31
Case No. MISSING
Regular Panel Decision

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. 2021 NY Slip Op 00461
Regular Panel Decision
Jan 28, 2021

Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor

Executive Cleaning Services Corporation and Cef Saiz, the petitioners, challenged a determination by the Commissioner of Labor, alleging they failed to pay prevailing wages for cleaning services provided to the Ossining Public Library. The Department of Labor initiated an investigation following an employee complaint and concluded that the contract was subject to the prevailing wage provisions of Labor Law article 9. Petitioners argued the library was not a 'public agency' as defined by Labor Law § 230 (3), thus exempting their contract from prevailing wage requirements. The Appellate Division, Third Department, ultimately agreed with the petitioners, finding that despite its public function and ties to the school district, the Ossining Public Library does not fit the statutory definition of a public agency under Labor Law § 230 (3). Consequently, the Commissioner's determination was annulled, the petition granted, and the action for declaratory judgment severed and remitted to the Supreme Court.

Prevailing Wage LawLabor Law Article 9Public Agency DefinitionOssining Public LibraryEducation CorporationCPLR Article 78 ProceedingDeclaratory Judgment ActionBuilding Service ContractsSchool District Public LibraryAdministrative Law
References
18
Case No. MISSING
Regular Panel Decision

International Union, United Automobile Aerospace & Agricultural Implement Workers v. National Caucus of Labor Committees

This case involves a lawsuit for trademark infringement, unfair competition, and prima facie tort filed by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) against the National Caucus of Labor Committees (NCLC). The core of the action centers on the alleged infringement of the name “Solidarity” by the defendants’ use of “New Solidarity”. This specific opinion addresses the defendants' second motion to disqualify the plaintiff's new counsel, D. Robert Owen and his firm, Patterson, Belknap, Webb and Tyler. The defendants argued that two members of the firm, Harold R. Tyler, Jr. and Rudolph W. Giuliani, had a conflict of interest due to their previous high-ranking positions in the Justice Department and alleged access to confidential information regarding the NCLC. The court, applying Canon 9 and DR 9-101(B), found that the defendants failed to demonstrate that the attorneys' prior government dealings constituted the same “matter” or that they had “substantial responsibility” in those matters. Consequently, the motion to disqualify was denied.

Attorney DisqualificationConflict of InterestCanon 9Disciplinary Rule 9-101(B)Code of Professional ResponsibilityFormer Government EmployeesSubstantial Responsibility TestAppearance of ImproprietyTrademark InfringementUnfair Competition
References
15
Case No. MISSING
Regular Panel Decision

Chesterfield Associates v. New York State Department of Labor

This case addresses Chesterfield Associates' challenge to the New York Department of Labor's 'annualization' rule (12 NYCRR 220.2 [d]), used to assess compliance with the prevailing wage law (Labor Law art 8) on public projects. Chesterfield disputed the annualization of its profit-sharing pension contributions made on behalf of employees who worked on public projects in Nassau and Suffolk counties between 1994 and 1997. The annualization rule calculates an hourly cash equivalent of benefits by dividing total contributions by total annual hours worked (both public and private). Chesterfield argued this methodology effectively penalized contractors by demanding prevailing rates for private work or forcing cash supplements. The Commissioner of Labor, whose decision was affirmed by the Appellate Division and the Court of Appeals, determined that annualization was a reasonable method to value fringe benefits, prevent cost-shifting, and ensure fair competition among contractors.

Prevailing Wage LawAnnualization RuleLabor Law § 220Fringe BenefitsPension ContributionsPublic Works ProjectsContractor ComplianceProfit-Sharing PlanJudicial ReviewAdministrative Deference
References
10
Case No. MISSING
Regular Panel Decision

Pyramid Co. v. New York State Department of Labor

The petitioner, Pyramid Co., challenged a determination by the Commissioner of Labor that its frontage road project in Syracuse, largely constructed on state land to provide access to its shopping mall, was subject to prevailing wage laws under Labor Law § 220. Despite being deemed a "public works project" due to its public benefit and eventual state acquisition, the court found that the Department of Transportation (DOT) was not a party to the construction contract, and the highway work permits issued by DOT did not constitute "contracts for construction." This failed to satisfy a key condition of Labor Law § 220. Consequently, the Commissioner's determination was annulled, and the petitioner's CPLR article 78 petition was granted.

Prevailing Wage LawPublic Works ProjectContract RequirementHighway Work PermitsDepartment of Labor DeterminationAnnulmentCPLR Article 78 ProceedingConstruction ProjectState LandCarousel Center
References
9
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