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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

In re Exotic Island Enterprises

This case involves appeals by Exotic Island Enterprises and Sliffer Enterprises, Inc., corporations owned by Keith Slifstein, against decisions from the Unemployment Insurance Appeal Board. The Department of Labor had initially determined that exotic dancers performing at their venues, Fantasy Island Gent Club and Pleasure Island II, were employees, leading to assessments for additional unemployment insurance contributions. An Administrative Law Judge and subsequently the Unemployment Insurance Appeal Board affirmed this determination. The court, in turn, affirmed the Board’s decision, finding substantial evidence that the corporations exercised sufficient direction and control over the dancers to establish an employment relationship. Factors included Slifstein's involvement in dancer selection, scheduling, pricing for private dances, retention of a percentage of earnings, and provision of performance infrastructure. The court also noted the corporations' failure to provide remuneration documentation, allowing the Department to assess contributions based on available information.

Unemployment Insurance AppealExotic Dancers Employee StatusEmployer ControlUnemployment Insurance ContributionsAdministrative Law Judge DecisionWorkers Compensation CoverageLabor Law ComplianceAppellate ReviewSubstantial EvidenceBusiness Operations
References
7
Case No. MISSING
Regular Panel Decision

Lobosco v. Best Buy, Inc.

This case involves an appeal by Everest National Insurance Company concerning its duty to defend and indemnify Schimenti Construction Corporation, Best Buy, Inc., and Dame Contracting, Inc., in a personal injury action. The underlying plaintiff, an employee of Dame, sustained injuries on a construction site. Schimenti and Best Buy, a general contractor and property owner, were allegedly not named as additional insureds on Dame's policy with Everest, despite a contractual requirement. All parties involved failed to provide timely notice of the accident to Everest. The Supreme Court initially denied Everest's cross-motion for summary judgment, but the appellate court reversed this decision. The appellate court granted Everest's cross-motion, ruling that the failure to provide timely notice vitiated the insurance contract and that the reasons for delay were unreasonable. Consequently, Everest was determined to have no obligation to defend or indemnify the other parties.

Insurance CoverageDuty to DefendDuty to IndemnifyTimely NoticeSummary JudgmentAppellate ReviewSubcontractor LiabilityAdditional InsuredsPersonal InjuryLate Notice Defense
References
16
Case No. MISSING
Regular Panel Decision

Bruno v. Dynamic Enterprises, Inc.

This case involves a personal injury action where Dynamic Enterprises, Inc. appealed a judgment in favor of the plaintiff. Dynamic contended it was engaged in a joint venture with Executive Club International, Inc. (ECI), the plaintiff's employer, arguing for dismissal based on workers' compensation exclusivity. However, the court found no joint venture, noting Dynamic and ECI were separate corporate entities, filed separate tax returns, and did not share income or losses. Consequently, Dynamic's workers' compensation defense was dismissed, and the judgment was unanimously affirmed with costs.

Personal InjuryJoint VentureWorkers' Compensation ExclusivityCorporate LiabilityAffirmation of JudgmentAppellate ReviewEmployer-Employee RelationshipNegligenceBusiness LawLegal Precedent
References
5
Case No. 2017 NY Slip Op 04783 [151 AD3d 521]
Regular Panel Decision
Jun 13, 2017

Kearney v. Capelli Enterprises

The Appellate Division, First Department, reviewed an order from the Supreme Court, New York County, concerning Alicia Kearney's personal injury lawsuit against Capelli Enterprises and George A. Fuller Company, Inc. The Supreme Court had granted summary judgment, dismissing the complaint against both defendants. On appeal, the court affirmed the dismissal against Capelli, concluding it had no involvement in the construction project or the dangerous condition, and Kearney had signed a release. However, the appellate court modified the order by denying summary judgment to Fuller. Fuller failed to demonstrate it owed no duty of care, did not create the hazardous condition, that the reported four-inch concrete mound in dim lighting was a trivial defect, or that a Workers' Compensation defense was applicable, noting issues with the clarity of the release and the "alter ego" argument.

Summary JudgmentPremises LiabilityConstruction AccidentDuty of CareRelease of ClaimsWorkers' Compensation DefenseTrivial DefectCorporate VeilAppellate ReviewTort Claims
References
1
Case No. MISSING
Regular Panel Decision

Emerson Enterprises, LLC v. Kenneth Crosby New York, LLC

This action involves environmental contamination of a property at 640 Trolley Drive in Gates, New York, owned by Plaintiff Emerson Enterprises, LLC. The contamination, involving PCBs, TCA, and acetone, originated from the dumping of cutting oil into a dry well by employees of Clark Witbeck, a former tenant, primarily before 1980. Plaintiff sued Dean Brodie, a former owner/operator of Clark Witbeck from 1980-1987, under CERCLA, RCRA, ECL, Navigation Law, and common-law torts. The Court granted summary judgment to Brodie on CERCLA, RCRA, ECL Article 37, Navigation Law § 176(8), trespass, and private nuisance claims, finding no evidence of dumping during his tenure or damage to adjacent properties. However, Brodie's motion was denied for negligence, strict liability, public nuisance, waste, equitable or implied indemnification, and restitution, as factual issues remain regarding his response to known past contamination. Plaintiff's cross-motion for summary judgment on Brodie's counterclaims was also granted due to lack of supporting evidence from Brodie.

Environmental ContaminationCERCLARCRAECLNavigation LawSummary JudgmentHazardous Waste DisposalStrict LiabilityNegligencePublic Nuisance
References
38
Case No. MISSING
Regular Panel Decision
May 15, 2006

Land Master Montg I, LLC v. Town of Montgomery

In this case, petitioners Land Master and Roswind Farmland Corp. challenged the Town of Montgomery's new Comprehensive Plan and Local Laws 4 and 5, arguing they constituted unlawful exclusionary zoning and violated the State Environmental Quality Review Act (SEQRA). The court, presided over by Judge Joseph G. Owen, granted the petitioners' motion regarding these claims, declaring the local laws null and void. The decision highlighted the Town's failure to adequately consider local and regional affordable housing needs and to undertake a thorough environmental review. While some of the petitioners' other claims were dismissed, they were awarded attorneys' fees. The court ordered the reinstatement of petitioners' land use applications under the prior zoning laws.

Zoning LawExclusionary ZoningAffordable HousingState Environmental Quality Review Act (SEQRA)Comprehensive PlanLocal LegislationLand Use PlanningMulti-Family HousingTraffic ImpactJudicial Review
References
19
Case No. ADJ6502736
Regular
Oct 19, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's Petition for Reconsideration because it was filed against a non-final notice of intention to dismiss, not an actual decision. The WCAB granted removal to address the frivolous nature of the petition, as it lacked reasonable justification and wasted judicial resources. Consequently, the WCAB issued a notice of intention to impose a $500 sanction on the lien claimant for filing this unjustified petition. The lien claimant has 15 days to object with good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to Dismiss LiensLien ClaimantWCJRemovalSanctionLabor Code section 5813Reasonable JustificationFrivolous Petition
References
3
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. ADJ2524386 (LAO 0803654) ADJ2571077 (LAO 0803655)
Regular
Oct 02, 2020

RAUL MARINO vs. COCA-COLA ENTERPRISES, BROADSPIRE

This case concerns a minor amendment to an already approved Compromise and Release agreement between Raul Marino and Coca-Cola Enterprises. The defendant sought to increase the net payment to the applicant by $47.14 and correct the date of injury for one of the cases. The applicant agreed to these changes, and the Board found them to be in the applicant's best interest. Consequently, the Board amended its previous decision to incorporate these agreed-upon modifications.

Compromise and ReleaseAmendmentNet Amount PayableDate of InjuryReconsiderationWorkers' Compensation Appeals BoardSelf-InsuredApplicantDefendantOpinion and Order
References
0
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
0
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