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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 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Rainey v. Jefferson Village Condo No. 11 Associates

The plaintiffs, including Thomas E. Rainey, appealed orders from the Supreme Court, Westchester County, which denied their motion for summary judgment and granted the defendant's cross-motion for summary judgment, dismissing their personal injury complaint. Rainey had sustained injuries after falling from a roof while working for Montrose Construction, Inc., which was the sole general partner of the defendant, Jefferson Village Condo No. 11 Associates. The appellate court affirmed the dismissal, holding that the Workers’ Compensation Law §§ 11 and 29 barred the action against the partnership because it was considered one entity with Rainey's employer for workers' compensation purposes. The court also upheld the denial of the plaintiffs' motion to amend their complaint to add new direct claims, citing their undue delay in making the motion. Consequently, the plaintiffs' exclusive remedy remained their workers' compensation claim against Montrose.

Personal InjuryConstruction AccidentWorkers' Compensation BarExclusive RemedyPartnership LiabilityEmployer ImmunitySummary JudgmentAppellate ReviewAmended ComplaintLabor Law Violations
References
11
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. 4111 110134/11 590378/12 590447/13
Regular Panel Decision
May 25, 2017

Rubino v. 330 Madison Co., LLC

Plaintiffs William Rubino, et al., moved for partial summary judgment on a Labor Law § 241(6) claim against defendants 330 Madison Company, LLC and Tishman Construction Corp. The claim arose from injuries sustained when Mr. Rubino's safety harness contacted an electrified BX cable, violating Industrial Code (12 NYCRR) § 23-1.13(b)(3) and (4). The Supreme Court granted plaintiffs' motion, dismissed appellants' indemnification and contribution claims against Michael Mazzeo Electric Corp., and granted W5 Group LLC d/b/a Waldorf Demolition's cross-motion. The Appellate Division modified the order, denying Waldorf's cross-motion as untimely, and otherwise affirmed the Supreme Court's decision.

Labor Law § 241(6)Industrial Code § 23-1.13Summary JudgmentPersonal InjuryConstruction AccidentElectrocutionSafety HarnessBX CableNondelegable DutyIndemnification
References
10
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
Case No. 2023 NY Slip Op 06763 [222 AD3d 1013]
Regular Panel Decision
Dec 27, 2023

Rodriguez v. 27-11 49th Ave. Realty, LLC

The plaintiff, Tomas Rodriguez, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendant Mana Products, Inc., dismissing the complaint against it. Rodriguez had sued 27-11 49th Avenue Realty, LLC, and Mana after a slip and fall in a factory. The defendants argued that the complaint against Mana was barred by the exclusivity provisions of the Workers' Compensation Law, claiming Rodriguez was Mana's special employee. The Appellate Division affirmed the lower court's decision, finding that the defendants established a prima facie case for summary judgment based on Rodriguez's deposition testimony, indicating Mana controlled his work details, thus establishing a special employment relationship as a matter of law.

Special Employee DoctrineWorkers' Compensation ExclusivitySummary Judgment GrantPersonal Injury ClaimAppellate Division Second DepartmentControl over WorkEmployer LiabilityPlaintiff's AppealDefendant's MotionSlip and Fall Accident
References
5
Case No. MISSING
Regular Panel Decision

Genesco, Inc. v. JOINT COUNCIL 13, UNITED SHOE WKRS. OF AMER.

The plaintiff, Genesco, Inc., a shoe manufacturer, sued Joint Council 13, United Shoe Workers of America, AFL-CIO, alleging four causes of action. The first cause of action claimed a breach of collective bargaining agreements and a no-strike clause. The second alleged violations of Section 303 of the L.M.R.A. by inducing other employers to cease doing business with Genesco. The third and fourth causes of action were common law torts alleging inducement of other labor organizations to breach contracts and a scheme to destroy Genesco's business. The court dismissed the first cause of action, finding no valid contract existed at the time of the strike. The second cause of action survived dismissal, while the third and fourth causes of action were dismissed with leave to amend, as they were deemed arguably within the exclusive jurisdiction of the National Labor Relations Board.

Labor DisputeCollective Bargaining AgreementNo-Strike ClauseArbitration ClauseUnfair Labor PracticeNational Labor Relations BoardJurisdictionPreemptionPendent JurisdictionDiversity Jurisdiction
References
22
Case No. MISSING
Regular Panel Decision

Paese v. New York Seven-Up Bottling Co.

This case concerns a motion for Rule 11 sanctions filed by defendant Soft Drink and Brewery Workers Union, Local 812, against plaintiffs' counsel, Robert L. Ferris. Ferris represented nine former Seven-Up employees in a breach of fair representation claim against Local 812 under the Labor Management Relations Act. The underlying claim arose from Local 812's settlement of a WARN Act suit, with plaintiffs alleging the union failed to disclose material information regarding the settlement's impact on their creditor rights. At trial, Ferris failed to present any evidence demonstrating a causal link between the alleged omissions and the outcome of the ratification vote, which was an essential element of the plaintiffs' claim. The court found Ferris's signing and filing of the Findings of Fact and Joint Consolidated Pre-Trial Order, asserting causation without adequate proof after discovery, to be objectively unreasonable and a violation of Rule 11. Consequently, the defendant's motion for Rule 11 sanctions was granted, and Mr. Ferris was ordered to pay $2,000.00.

Rule 11 SanctionsBreach of Fair RepresentationLabor Management Relations ActWARN ActCausationAttorney MisconductObjective UnreasonablenessPost-Discovery ConductUnion SettlementBankruptcy Stay
References
10
Case No. MISSING
Regular Panel Decision

In Re Casse

The debtor, Robert E. Casse, moved to vacate the foreclosure sale of his home, arguing it violated the automatic stay after his Chapter 13 filing. Key Bank National Association opposed, contending the Chapter 13 case was void due to a prior court order dismissing Casse's third Chapter 11 case "with prejudice" to prevent serial filings. The court denied Casse's motion, finding his Chapter 13 filing violated the previous order, which was a proper exercise of judicial authority under the Bankruptcy Code to prevent abuse of process. Consequently, the Chapter 13 case was dismissed as a nullity. The court reserved jurisdiction to consider imposing sanctions against the debtor.

BankruptcyForeclosureAutomatic StaySerial FilerDismissal with PrejudiceChapter 13Chapter 11Bad Faith FilingJudicial AuthorityAbuse of Process
References
42
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