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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
Jan 12, 1998

Cataudella v. Kings Bay Housing Section II, Inc.

Plaintiff Alfred Cataudella sought damages for personal injuries, alleging a violation of Labor Law § 240 (1). Defendants Kings Bay Housing Section II, Inc., and Elm Management Co. moved for summary judgment to dismiss this claim, which was initially granted but later denied by the Supreme Court upon the plaintiffs' successful motion for renewal and reargument. On appeal, the higher court modified the lower court's decision, ruling that Labor Law § 240 (1) did not apply as the plaintiff's injuries were not from an elevation-related hazard. Consequently, the appellate court denied the plaintiffs' motion for renewal and reargument, thus effectively granting the defendants' motion for summary judgment and dismissing the Labor Law § 240 (1) claim. Furthermore, the third-party defendant Walcat Plumbing and Heating Corp.'s motion to vacate an order of default was affirmed.

Personal InjurySummary JudgmentAppealLabor Law § 240 (1)Elevation-Related HazardDefault JudgmentVacate DefaultProcedural LawNew York LawAppellate Division
References
4
Case No. MISSING
Regular Panel Decision
Oct 04, 1979

Wm. Chalson & Co. v. Amalgamated Jewelry, Diamond & Watchcase Workers Union Local No. 1

The plaintiff, Wm. Chalson & Co., Inc., sought declaratory and injunctive relief against the Amalgamated Jewelry, Diamond & Watchcase Workers Union Local No. 1 to prevent arbitration. Chalson argued it was not bound by a collective bargaining agreement signed on March 21, 1979, as it had unilaterally withdrawn from the multi-employer bargaining unit on March 16, 1979, citing an alleged impasse in negotiations. The Union contended that Chalson's withdrawal was ineffective and sought to compel arbitration under the new agreement. The court determined that the issue of whether Chalson had a duty to arbitrate should be decided by the court, not an arbitrator. Although the court assumed Chalson's withdrawal was an unjustified unfair labor practice due to a lack of actual impasse, it concluded that Chalson's agency with the Association was terminated. Therefore, the Association lacked authority to bind Chalson to the new agreement. Summary judgment was granted to the plaintiff, permanently enjoining arbitration between the parties under the March 21, 1979 contract, without prejudice to the NLRB's statutory jurisdiction.

Labor disputecollective bargainingarbitrationcontract terminationmulti-employer bargainingunfair labor practicedeclaratory judgmentinjunctive reliefagency lawNLRB jurisdiction
References
14
Case No. MISSING
Regular Panel Decision

1-21 v. County of Suffolk

This case arises from allegations that the County of Suffolk and Suffolk County Police Department subjected Latino individuals to discriminatory policing, including illegal traffic stops, unjustified checkpoints, and 'stop and rob' schemes. The plaintiffs, referred to as 'Plaintiffs #1-21,' filed a motion to proceed anonymously, citing fears of retaliation and deportation. The court granted this motion, acknowledging the serious nature of the allegations, particularly against Defendant Scott Greene, who is also facing criminal charges related to the 'stop and rob' scheme. Additionally, the court ordered a stay of discovery solely with respect to Defendant Greene, balancing his Fifth Amendment rights against the plaintiffs' interest in an expeditious resolution. Discovery is permitted to proceed against other defendants, and a protective order for limited disclosure of plaintiffs' identities will be submitted.

Discriminatory policingRacial profilingFourth Amendment rights violationFifth Amendment rights violationFourteenth Amendment rights violation42 U.S.C. § 1983 claims42 U.S.C. § 2000d claimsAnonymous plaintiffsStay of proceedingsSelf-incrimination
References
46
Case No. MISSING
Regular Panel Decision
Dec 16, 1947

Douds v. Wine, Liquor & Distillery Workers Union, Local 1

The Regional Director of the National Labor Relations Board filed a petition for injunctive relief against Local 1, alleging violations of Section 8(b), subsection (4)(A) of the National Labor Relations Act. The petition was based on charges filed by Schenley Distillers Corporation and Jardine Liquor Corporation. A temporary restraining order was initially granted on December 11, 1947, after a hearing. However, upon further hearing on December 16, 1947, the court found a significant change in the factual situation, noting that the labor difficulties had been adjusted and the danger of irreparable damage was no longer present. Consequently, the court vacated the temporary restraining order, stating that it would not pass upon the ultimate merits of the issues at that time.

Injunctive ReliefLabor RelationsNational Labor Relations ActTemporary Restraining OrderVacated OrderUnfair Labor PracticesSecondary BoycottLabor DisputeFederal CourtDistrict Court
References
18
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. 2025 NY Slip Op 02008 [237 AD3d 429]
Regular Panel Decision
Apr 03, 2025

Hartrum v. Montefiore Hosp. Hous. Section II Inc.

Plaintiff Kyle Hartrum, an employee of Electronic Service Solutions, Inc. (ESS), sustained severe arm lacerations while removing communications equipment from a building roof owned by Montefiore Hospital Housing Section II Inc. The accident occurred when a piece of sheet metal being hand-hoisted swung and struck him. The Appellate Division modified the lower court's decision, granting Hartrum summary judgment on his Labor Law § 240 (1) claim against Monte Housing, SBA Site Management, LLC, Flo TV Incorporated, and KMB Design Group, LLC. The court also dismissed Hartrum's Labor Law § 200 and common-law negligence claims against all defendants and granted several contractual indemnity claims among the parties, including Montefiore, SBA, Flo, KMB, and ESS.

Labor Law § 240(1) LiabilitySafe Place to WorkSummary Judgment GrantContractual IndemnificationConstruction Site AccidentHoisting SafetyAppellate Division ReviewLessor/Sublessor LiabilityMeans and Methods of WorkNegligence Dismissal
References
12
Case No. MISSING
Regular Panel Decision
Jul 14, 2005

Smith v. 21 West LLC Limited Liability Co.

The Supreme Court, New York County, denied defendant Bravo’s motion for summary judgment seeking to dismiss defendant 21 West’s cross claims for contribution and indemnification. Bravo failed to establish that the plaintiff was its employee or that it operated as a joint venture, thereby not barring 21 West’s cross claims under Workers’ Compensation Law § 11. Furthermore, Bravo could not demonstrate insufficient control over the work to negate negligence liability, nor prove supervision over 21 West. The appellate court found that the parties’ conduct, including Bravo commencing work and obtaining an insurance certificate, manifested an intent to be bound by an unsigned contract. Consequently, the appellate order unanimously affirmed the denial of Bravo's summary judgment motion, upholding 21 West's cross claims.

Summary JudgmentContributionIndemnificationWorkers' Compensation LawCross ClaimsContractual IndemnificationCommon-Law IndemnificationEmployee StatusJoint VentureNegligence Liability
References
4
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. 08-CV-3175 (JG)(JO)
Regular Panel Decision
Aug 25, 2009

Century 21 Real Estate LLC v. Bercosa Corp.

Century 21 Real Estate LLC sued Bercosa Corp. and its owner Pedro Bernard for breach of contract and trademark infringement under the Lanham Act. The defendants failed to respond to the complaint, leading to a motion for default judgment. Magistrate Judge James Orenstein issued a Report and Recommendation, which District Judge John Gleeson adopted, finding the defendants liable. The court awarded Century 21 a total of $319,832.32 in monetary damages, including contract claims, statutory damages, attorneys' fees, and costs. Additionally, the defendants were permanently enjoined from using the Century 21 Marks and ordered to cooperate in an audit of Bercosa’s books and records.

Default JudgmentTrademark InfringementLanham ActBreach of ContractFranchise AgreementMonetary DamagesInjunctive ReliefAttorneys' FeesAudit OrderWillful Violation
References
66
Case No. MISSING
Regular Panel Decision
Jan 20, 2015

Alati v. Divin Builders, Inc.

Plaintiff, an independent contractor, sustained injuries after falling from a ladder while installing a light fixture in a residence built by defendant Divin Builders, Inc. Plaintiff initiated a common-law negligence and Labor Law action, alleging violations of sections 200, 240 (1), and 241 (6). The Supreme Court granted plaintiff partial summary judgment on Labor Law § 240 (1) liability and denied the defendant's cross-motion for dismissal. On appeal, the higher court modified the order, granting Divin Builders, Inc.'s cross-motion to dismiss the common-law negligence and Labor Law § 200 claims. Additionally, the Labor Law § 241 (6) claim was dismissed, except for those parts based on alleged violations of 12 NYCRR 23-1.21 (b) (1) and (3) (iv). The appellate court affirmed the Supreme Court's decision to grant plaintiff partial summary judgment on the Labor Law § 240 (1) cause of action.

Ladder FallConstruction AccidentLabor LawSummary JudgmentNegligenceWorkplace SafetyIndependent ContractorAppellate ReviewStatutory ViolationPersonal Injury
References
9
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