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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

Stone v. Williams

Robert Stone was injured at a Merit service station in Staten Island on April 3, 1977, when he was struck by a car driven by Kerry Williams. A jury assessed Stone's damages at $200,000 and apportioned 20% liability to the Merit service station defendants. The dissenting opinion argues against the majority's view that the service station owed no duty to direct traffic and that its negligence was not a causative factor. Justice Gibbons contends that the service station had a duty of reasonable care to its patrons and that the jury's finding of negligence and proximate cause, based on inadequate staffing and failure to control traffic, was supported by the evidence. He also argues that the $200,000 damage award was not excessive, citing the severity of Stone's injuries, including a broken leg, a mangled hand with a shattered middle finger, and the amputation of a ring finger, resulting in a 40-50% permanent loss of use of his left hand.

Personal InjuryNegligencePremises LiabilityDuty of CareProximate CauseForeseeabilityJury VerdictDamagesExcessive DamagesAppellate Review
References
14
Case No. ADJ8222803
Regular
Jul 30, 2018

TERRY LASKO vs. ENTERTAINMENT PARTNERS; AIG, Cast & Crew Entertainment Services

This case involves a petition for contribution where Entertainment Partners seeks reimbursement from Cast & Crew for benefits paid to an applicant. The original arbitrator awarded Entertainment Partners $95,565.17 but denied Cast & Crew liability for future medical care. Entertainment Partners contends the arbitrator erred by arbitrarily allocating $7,500 to an unpled specific injury and by denying them contribution for temporary disability. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings due to the arbitrator exceeding his authority by making an unsubstantiated allocation.

Labor Code Section 5500.5ContributionPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative TraumaFuture Medical CareArbitrator AuthorityTemporary DisabilitySpecific Injury
References
5
Case No. 2024 NY Slip Op 04313 [230 AD3d 755]
Regular Panel Decision
Aug 28, 2024

Miranda v. 1320 Entertainment, Inc.

This case involves Nikki Miranda's personal injury claim against 1320 Entertainment, Inc., stemming from an incident in November 2019 during her employment where she was struck by lumber. The plaintiff alleged negligence and violations of Labor Law sections 200, 240(1), and 241(6) against the defendant as the property owner. The defendant, an out-of-possession landlord, moved for summary judgment arguing no duty of care. The Supreme Court denied the motion, but the Appellate Division, Second Department, reversed the order. The Appellate Division granted summary judgment for the defendant, finding it had relinquished control and the cited Labor Law sections were inapplicable to the plaintiff's work.

Landlord LiabilityOut-of-Possession LandlordSummary JudgmentLabor LawPersonal InjuryPremises LiabilityDangerous ConditionWorkplace AccidentAppellate ReviewDuty of Care
References
16
Case No. 2020 NY Slip Op 03163 [184 AD3d 931]
Regular Panel Decision
Jun 04, 2020

Matter of Skytown Entertainment, LLC (Commissioner of Labor)

SkyTown Entertainment, LLC, a video and film production company, appealed a decision by the Unemployment Insurance Appeal Board. The Board ruled that SkyTown was liable for additional contributions for 14 individuals it considered independent contractors, but the Department of Labor and the Board deemed statutory employees under Labor Law § 511 (1) (b) (1-a). SkyTown argued against this classification, but the court found that the individuals were engaged in artistic endeavors requiring skill and expertise, thus supporting the Board's finding of statutory employment. Furthermore, SkyTown did not enter into written contracts stipulating these individuals as employees of another employer, nor could it rebut the statutory presumption of employment using common-law tests. The Appellate Division, Third Department, affirmed the Board's decision.

Unemployment InsuranceIndependent ContractorStatutory EmployeeLabor LawFilm ProductionVideo ProductionPerforming ArtsEmployer-Employee RelationshipAppellate ReviewUnemployment Insurance Appeal Board
References
4
Case No. 14 Civ. 6494(PAE)
Regular Panel Decision

Stone ex rel. Stone Family Trust v. Theatrical Investment Corp.

This opinion addresses the denial of a motion for reconsideration filed by Jon Platt and Theatrical Investment Corp. (TIC). TIC sought to overturn a previous court decision that confirmed an arbitration award favoring Sheldon Stone, Trustee for the Stone Family Trust (SFT), and denied TIC's motion to vacate the award. TIC based its motion for reconsideration on a two-year-old, unpublished New York Supreme Court decision that vacated an arbitration award due to an arbitrator appointing a receiver. The court denied reconsideration, asserting that an unpublished state lower court opinion is not controlling authority and distinguished the facts of the cited case concerning the nature of the appointed receiver, ultimately finding no new controlling or persuasive authority.

Arbitration AwardMotion for ReconsiderationFederal District CourtNew York LawControlling AuthorityUnpublished DecisionsReceivershipArbitral AuthorityCase PrecedentDenial of Motion
References
14
Case No. MISSING
Regular Panel Decision

Calloway ex rel. LMN Productions, Inc. v. Marvel Entertainment Group

This case involves a copyright infringement action initiated by Northern J. Calloway against The Marvel Entertainment Group and other defendants. The court addressed multiple pretrial motions, partially granting Calloway's request to reinstate a fraud claim against third-party defendants while denying other state law claims. Defendants' motion to amend their answers to include additional affirmative defenses was granted. The decision also upheld a patient-psychiatrist privilege but imposed sanctions on Calloway for failing to answer specific discovery questions. Furthermore, claims against Luis Quiros were largely dismissed due to his bankruptcy discharge, except for equitable relief, and motions to exclude changes in deposition testimonies were granted for both parties due to procedural delays.

Copyright InfringementPretrial MotionsPendent JurisdictionState Law ClaimsFraud and MisrepresentationBankruptcy DischargePatient-Psychiatrist PrivilegeDiscovery SanctionsDeposition TestimonyRule 15(a) Fed.R.Civ.P.
References
12
Case No. 2015 NY Slip Op 04613
Regular Panel Decision
Jun 03, 2015

Kiskiel v. Stone Edge Management, Inc.

The injured plaintiff, Edward Kiskiel, a New York City sanitation worker, allegedly slipped and fell on a puddle of wet paint in a parking lot. The defendant, Stone Edge Management, Inc., managed an adjoining condominium complex that had an easement over the parking lot. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint. On appeal, the Appellate Division, Second Department, reversed the order, holding that the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating it neither created the hazardous condition nor had actual or constructive notice of its existence. The court found the condition was transient and not visible prior to the accident, and there was no evidence, only speculation, that the defendant created it. Thus, the defendant's motion for summary judgment was granted.

Slip and FallPremises LiabilitySummary JudgmentConstructive NoticeHazardous ConditionParking Lot AccidentProperty ManagementAppellate ReviewNegligencePersonal Injury
References
4
Case No. MISSING
Regular Panel Decision

Misirlakis v. East Coast Entertainment Properties, Inc.

The plaintiff, George Misirlakis, was injured while attempting to re-enter a building via a fire escape from a dumpster after forgetting his keys, resulting in a fall when a rung collapsed. He and his wife, Vasilia Misirlakis, initiated a lawsuit against East Coast Entertainment Properties, Inc. (building owner) and Mast Enterprises, Inc. (lessee), asserting claims under Labor Law §§ 200, 240, and 241 (6), along with common-law negligence. The Supreme Court granted the defendants' cross-motion for summary judgment, dismissing the complaint, and denied the plaintiffs' motion for summary judgment on liability. The appellate court affirmed this decision, concluding that the plaintiff's "unnecessary and unforeseeable act of climbing onto the dumpster and ascending the fire escape" constituted the sole and superseding proximate cause of his injuries, thereby absolving the defendants of liability.

Fire Escape AccidentDemolition Work InjuryLabor Law Section 200Labor Law Section 240Labor Law Section 241(6)Common-Law NegligenceSummary JudgmentProximate CauseSuperseding CauseUnforeseeable Act
References
2
Case No. 2019 NY Slip Op 04250 [172 AD3d 1851]
Regular Panel Decision
May 30, 2019

Matter of Stone v. Saulsbury/Federal Signal

Claimant Robert Stone, who suffered a work-related back injury in 2002 and was classified with a permanent partial disability, had his workers' compensation benefits suspended in 2016 following his incarceration for unlawful manufacture of methamphetamine. Upon his release in 2017, the workers' compensation carrier raised the issue of a Workers' Compensation Law § 114-a violation, alleging false statements or work performed while receiving benefits. Both the Workers' Compensation Law Judge and the Workers' Compensation Board found insufficient evidence to establish any work activity or false statements. The employer and its carrier appealed, arguing that claimant's criminal conduct constituted "work" under WCL § 114-a and challenging the Board's credibility determinations regarding hearsay testimony. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant did not violate Workers' Compensation Law § 114-a, as the elements of the crime did not require work to be performed, and the Board, as the sole arbiter of credibility, was free to disregard uncredited testimony.

Workers' Compensation FraudPermanent Partial DisabilityMethamphetamine ConvictionBenefit SuspensionBenefit ReinstatementWorkers' Compensation Law § 114-aSubstantial Evidence ReviewWitness CredibilityAppellate AffirmationCriminal Conduct and Benefits
References
4
Case No. MISSING
Regular Panel Decision
Mar 02, 2010

Lyons Partnership, L.P. v. D & L Amusement & Entertainment, Inc.

Plaintiffs Lyons Partnership, L.P. and HIT Entertainment Inc. initiated a copyright and trademark infringement lawsuit against D & L Amusement & Entertainment Inc., Razzle Kidazzle Inc., Linda Lippo, All in One Entertainment, Inc., and John R. Albuja. The defendants were accused of infringing on the intellectual property rights of popular children's characters, Barney® and Bob the Builder®, by using unauthorized counterfeit costumes for entertainment services. Due to the defendants' failure to respond, Magistrate Judge Marilyn Go issued a Report and Recommendation, finding them liable for various Lanham Act and Copyright Act violations. Senior District Judge Sterling B. Johnson subsequently adopted this report in its entirety. As a result, a permanent injunction was granted against the defendants, and they were ordered to pay statutory damages, attorneys' fees, and costs for their willful infringement.

Intellectual PropertyCopyright InfringementTrademark InfringementDefault JudgmentLanham ActStatutory DamagesPermanent InjunctionAttorneys' FeesChildren's CharactersCounterfeit Goods
References
72
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