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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

Oct 02, 2002

Conigliaro v. New York Stock Exchange, Inc.

The plaintiff appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendants New York Stock Exchange, Inc. (NYSE) and Building Maintenance Service LLC, dismissing the personal injury complaint. The appellate court affirmed this decision. Against NYSE, the court found the plaintiff to be a special employee, which barred the action under the Workers’ Compensation Law. For Building Maintenance Service LLC, the court determined there was no genuine issue of fact regarding whether the defendant had actual or constructive notice of the hazardous condition that caused the plaintiff’s fall.

Personal InjurySummary JudgmentSpecial EmployeeWorkers' Compensation LawPremises LiabilityAppellate DecisionAffirmationNotice RequirementKings CountyNew York Law

References

Case No. 2022 NY Slip Op 00289

Regular Panel Decision

Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement

References

Case No. MISSING

Regular Panel Decision

Apr 13, 2005

Arevalo v. Nasdaq Stock Market, Inc.

The plaintiff worker sustained personal injuries after falling off a ladder while performing maintenance on an electric sign. The plaintiff sought relief under Labor Law § 240 (1). The defendants moved for summary judgment, arguing the work was routine maintenance, not a repair covered by the statute. The Supreme Court, Bronx County, granted the defendants' motions, dismissing the Labor Law § 240 (1) claim. Upon renewal, the court adhered to its original decision. The appellate court unanimously affirmed the dismissal, holding that replacing components due to normal wear and tear constitutes routine maintenance, not a repair under the statute.

Personal InjuryLadder AccidentRoutine MaintenanceLabor Law 240(1)Summary Judgment DismissalAppellate AffirmationStatutory InterpretationElectric Sign MaintenanceWorker FallConstruction Law

References

Case No. MISSING

Regular Panel Decision

Havas v. Victory Paper Stock Co.

This appeal concerns Leslie Havas, an employee of Morgan Guaranty Trust Company, who was injured while manually loading heavy waste paper bales onto a Victory Paper Stock Company truck. The accident occurred due to an unsecured, improvised ramp after the hydraulic lift was out of service. Havas sued Victory, who then brought Morgan in as a third-party defendant. A jury found both liable, apportioning fault equally. The Appellate Division reversed, concluding Victory owed no duty and committed no proximate negligence. This court, in an opinion by Judge Fuchsberg, reverses the Appellate Division's order, asserting that the trial judge properly submitted the case to the jury. The decision emphasizes the foreseeability of the accident and the commingled efforts of both companies' employees, which established a mutual duty of care. The case is remitted to the Appellate Division for a review of the facts.

NegligenceForeseeabilityDuty of CareJoint EffortsContributory NegligenceJury RoleAppellate ReviewPersonal InjuryLoading AccidentThird-Party Liability

References

Case No. 526722

Regular Panel Decision

Apr 11, 2019

Matter of Persons v. Halmar Intl., LLC

Claimant Matthew Persons appealed a Workers' Compensation Board decision that found he violated Workers' Compensation Law § 114-a by exaggerating his condition and failing to disclose volunteer firefighter activities, leading to disqualification from future wage replacement benefits. The Appellate Division, Third Department, found the Board's decision was not supported by substantial evidence, as it was based on speculation, surmise, and mischaracterizations of claimant's activities and medical records. The court noted that claimant was forthcoming about his volunteer work and that video surveillance did not conclusively contradict his reported injuries. Consequently, the decision was reversed, and the matter was remitted to the Board for further proceedings.

Workers' Compensation LawFraudExaggerated ConditionVolunteer Firefighter ActivitiesWage Replacement BenefitsSubstantial EvidenceMedical TestimonyPsychiatric DisabilityVideo SurveillanceRemittal

References

Case No. 2020 NY Slip Op 05621 [187 AD3d 1623]

Regular Panel Decision

Oct 09, 2020

Matter of Eighth Jud. Dist. Asbestos Litig.

This case concerns the Eighth Judicial District Asbestos Litigation, specifically an appeal and cross-appeal stemming from a jury verdict in favor of Lynn M. Stock, as executrix of the estate of James G. Stock, against Jenkins Bros. The Appellate Division, Fourth Department, affirmed the Supreme Court's order, which had denied both parties' posttrial motions. The court found sufficient evidence to support the jury's finding that asbestos from Jenkins Bros.' products was a substantial factor in causing the decedent's mesothelioma, rejecting the defendant's challenges to specific causation. Additionally, the court dismissed the plaintiff's cross-appeal regarding the jury verdict sheet's presentation of damages for loss of services and society.

Asbestos LitigationMesotheliomaCausationExpert TestimonyJury VerdictPosttrial MotionsAppellate ReviewSubstantial FactorWarning DefectProduct Liability

References

Case No. MISSING

Regular Panel Decision

May 25, 2012

Ali v. State

The claimant appeals from a judgment of the Court of Claims that dismissed their claim for personal injuries. The incident occurred on February 24, 2009, at the New York State Workers’ Compensation Board office when a security guard, reacting to news of his grandmother's death, punched a wooden bench causing it to fall on the claimant. The claimant subsequently filed a personal injury claim against the State of New York. The Court of Claims granted the defendant's application to dismiss the claim, determining that the security guard was acting solely for personal motives unrelated to his employment, and his conduct was not reasonably foreseeable by the defendant, thus precluding vicarious liability under the doctrine of respondeat superior.

Personal InjuryRespondeat SuperiorVicarious LiabilityScope of EmploymentForeseeabilityEmployee MisconductClaim DismissalCourt of Claims DecisionAppellate ReviewNegligence

References

Case No. MISSING

Regular Panel Decision

Vullo v. Sheets (In Re Sheets)

The debtors, James and Irene Sheets, filed a Chapter 7 bankruptcy petition and exempted their two pre-petition personal injury actions under New York State law. After the lawsuits settled post-petition, the trustee initiated an adversary proceeding to claim the proceeds as property of the bankruptcy estate. The court determined that because the personal injury actions were validly exempted from the estate at the commencement of the case, their proceeds did not subsequently become estate property. Citing legal precedent, the decision emphasized that exempted property and its resulting proceeds revert to the debtors' control, not the trustee's. Consequently, the trustee's application for a turnover order seeking these personal injury recoveries was denied.

Bankruptcy LawChapter 7 BankruptcyProperty ExemptionsPersonal Injury ProceedsBankruptcy EstateAdversary ProceedingTurnover OrderNew York Exemption LawDebtor RightsPost-Petition Settlements

References

Case No. MISSING

Regular Panel Decision

Boles v. Dormer Giant, Inc.

This case addresses whether Workers’ Compensation Law § 11 shields an employer from third-party liability for contribution or indemnity when the employer failed to secure workers' compensation for an injured employee. Plaintiff Douglas Boles was injured in a scaffolding collapse while working for Personal Touch Home Improvements, Inc., a subcontractor of Dormer Giant, Inc. Boles sued Dormer Giant, which then brought a third-party action against Personal Touch. The lower courts dismissed Dormer Giant's third-party complaint, concluding Personal Touch was protected by Section 11. The Court of Appeals reversed, holding that an employer must comply with Workers’ Compensation Law § 10 by securing compensation for employees to benefit from the protections of Workers’ Compensation Law § 11 against third-party liability, reinforcing the legislative intent behind the 1996 Omnibus Workers’ Compensation Reform Act.

Workers’ Compensation Law § 11Employer LiabilityThird-Party ContributionThird-Party IndemnityGrave InjuryFailure to Secure Workers' CompensationLabor Law § 240(1)Scaffolding AccidentSubcontractor LiabilityStatutory Interpretation

References

Case No. MISSING

Regular Panel Decision

Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer

References

Showing 1-10 of 2,958 results

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Oct 02, 2002

Conigliaro v. New York Stock Exchange, Inc.

Personal InjurySummary JudgmentSpecial EmployeeWorkers' Compensation LawPremises LiabilityAppellate DecisionAffirmationNotice RequirementKings CountyNew York Law

References

Case No. 2022 NY Slip Op 00289

Regular Panel Decision

Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement

References

Case No. MISSING

Regular Panel Decision

Apr 13, 2005

Arevalo v. Nasdaq Stock Market, Inc.

Personal InjuryLadder AccidentRoutine MaintenanceLabor Law 240(1)Summary Judgment DismissalAppellate AffirmationStatutory InterpretationElectric Sign MaintenanceWorker FallConstruction Law

References

Case No. MISSING

Regular Panel Decision

Havas v. Victory Paper Stock Co.

NegligenceForeseeabilityDuty of CareJoint EffortsContributory NegligenceJury RoleAppellate ReviewPersonal InjuryLoading AccidentThird-Party Liability

References

Case No. 526722

Regular Panel Decision

Apr 11, 2019

Matter of Persons v. Halmar Intl., LLC

Workers' Compensation LawFraudExaggerated ConditionVolunteer Firefighter ActivitiesWage Replacement BenefitsSubstantial EvidenceMedical TestimonyPsychiatric DisabilityVideo SurveillanceRemittal

References

Case No. 2020 NY Slip Op 05621 [187 AD3d 1623]

Regular Panel Decision

Oct 09, 2020

Matter of Eighth Jud. Dist. Asbestos Litig.

Asbestos LitigationMesotheliomaCausationExpert TestimonyJury VerdictPosttrial MotionsAppellate ReviewSubstantial FactorWarning DefectProduct Liability

References

Case No. MISSING

Regular Panel Decision

May 25, 2012

Ali v. State

Personal InjuryRespondeat SuperiorVicarious LiabilityScope of EmploymentForeseeabilityEmployee MisconductClaim DismissalCourt of Claims DecisionAppellate ReviewNegligence

References

Case No. MISSING

Regular Panel Decision

Vullo v. Sheets (In Re Sheets)

Bankruptcy LawChapter 7 BankruptcyProperty ExemptionsPersonal Injury ProceedsBankruptcy EstateAdversary ProceedingTurnover OrderNew York Exemption LawDebtor RightsPost-Petition Settlements

References

Case No. MISSING

Regular Panel Decision

Boles v. Dormer Giant, Inc.

References

Case No. MISSING

Regular Panel Decision

Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer

References

Showing 1-10 of 2,958 results

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