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

Case No. MISSING
Regular Panel Decision
Mar 07, 2011

De Oleo v. Charis Christian Ministries, Inc.

In this case, the plaintiff sought recovery for injuries sustained during construction work at a building owned by Charis, whose employer was St. Loren Construction Corp. Charis, the defendants/third-party plaintiffs, moved for a default judgment on their third-party claims for common-law and contractual indemnification and contribution against St. Loren, the third-party defendant. The Supreme Court denied the motion. On appeal, the court modified the lower court's order, granting the motion as to the claim for common-law indemnification, while otherwise affirming. The appellate court found Charis provided sufficient proof of St. Loren's negligence and their own lack of negligence. It was also noted that Charis did not need to disprove Workers’ Compensation Law § 11, as it must be pleaded as an affirmative defense.

common-law indemnificationcontractual indemnificationcontributiondefault judgmentconstruction injuryemployer negligenceaffirmative defenseappellate reviewmotion practice
References
7
Case No. 2023 NY Slip Op 03329
Regular Panel Decision
Jun 21, 2023

Castro v. Wythe Gardens, LLC

The plaintiff, a construction worker, sustained injuries after tripping in a gap between a staircase step and landing. He initiated an action against Express Builders, the general contractor, alleging violations of Labor Law sections 240(1) and 241(6). Express Builders then filed third-party claims seeking contractual indemnification. The Supreme Court initially granted the plaintiff's motion for summary judgment on liability and dismissed a third-party indemnification claim. The Appellate Division modified this ruling, determining that Labor Law section 240(1) and 12 NYCRR 23-1.7(b)(1)(i) were not applicable to the plaintiff's injuries as they did not involve elevation-related risks or a hazardous opening for a complete fall. However, the court affirmed the summary judgment for the plaintiff under Labor Law section 241(6), based on 12 NYCRR 23-1.7(e)(1) pertaining to tripping hazards. The Appellate Division also reinstated the contractual indemnification claim against Bayport Construction Corp., citing triable issues of fact, and upheld the denial of Express Builders' indemnification claims against Urban Precast and Urban Erectors due to unresolved questions regarding Express Builders' own negligence.

Construction AccidentLabor LawIndustrial Code ViolationSummary Judgment MotionContractual IndemnificationTripping HazardElevation-Related RiskAppellate DivisionPersonal InjurySubcontractor Agreement
References
17
Case No. MISSING
Regular Panel Decision
Apr 18, 2003

Flores v. Lower East Side Service Center, Inc.

The case concerns an appeal regarding an order denying the defendant's motion for summary judgment on a third-party action for indemnification and granting a cross-motion to dismiss the third-party complaint. The court unanimously affirmed the decision, noting that the plaintiff's right eye injury did not constitute a "grave injury" under Workers’ Compensation Law § 11. Consequently, the defendant could not obtain indemnification from the plaintiff's employer without a prior written contract. The defendant's offered contract was unsigned, making it unavailable for indemnification, regardless of the employer's supervision or general compliance with its unexecuted terms.

Summary JudgmentIndemnificationThird-Party ActionWorkers' Compensation LawGrave InjuryContract LawUnsigned AgreementEmployer LiabilityAppellate ReviewBronx County Supreme Court
References
4
Case No. 2024 NY Slip Op 05047
Regular Panel Decision
Oct 15, 2024

Cooper v. Bldg 7th St. LLC

This case involves an appeal regarding summary judgment motions on indemnification and breach of contract claims between defendants/third-party plaintiffs BLDG 7th Street, LLC et al. and third-party defendant Global Pest Control, LLC. The Appellate Division modified the Supreme Court's order by denying summary judgment to Global on BLDG's contractual indemnification claim, citing an unclear and ambiguous indemnification agreement. However, the court affirmed the dismissal of BLDG's common-law indemnification and contribution claims against Global because plaintiff Dwayne Cooper was not alleged to have sustained a grave injury under Workers' Compensation Law § 11. The dismissal of BLDG's breach of contract claim for failure to procure insurance was also affirmed, as Global provided proof of its policy meeting contractual requirements. Consequently, issues of fact remain concerning the scope of the parties' indemnification agreement.

Contractual IndemnificationCommon-Law IndemnificationSummary JudgmentBreach of ContractFailure to Procure InsuranceThird-Party ClaimsWorkers' Compensation Law § 11Grave InjuryAmbiguity in ContractAppellate Review
References
9
Case No. 2021 NY Slip Op 01354
Regular Panel Decision
Mar 09, 2021

Deschaine v. Tricon Constr., LLC

The New York Appellate Division, First Department, affirmed an order which granted motions to renew filed by third-party plaintiffs Dollar Tree Stores, Inc., Michael Boyle, and Tricon Construction, LLC along with C.P. Plaza Limited Partnership. The motions sought to vacate a previous order that had dismissed their third-party claims for contribution and common-law indemnification against AMZ Construction Services, Inc. Upon renewal, these claims were reinstated. The court found that new expert reports submitted by the plaintiff, Robert Deschaine, raised a factual dispute regarding whether he sustained a 'grave injury' as defined by Workers' Compensation Law § 11, specifically brain injuries that rendered him unemployable in any capacity. This issue of fact justified the renewal and reinstatement of the third-party claims.

Appellate PracticeRenewal MotionSummary JudgmentContribution ClaimsIndemnification ClaimsGrave InjuryWorkers' Compensation LawBrain InjuriesUnemployabilityProcedural Law
References
2
Case No. MISSING
Regular Panel Decision

Castilla v. K.A.B. Realty, Inc.

This case involves an appeal by K.A.B. Realty, Inc. (KAB), the defendant and third-party plaintiff, from an order denying its motion for summary judgment on third-party claims for common-law and contractual indemnification, and for damages for breach of contract. The plaintiff was injured while working on a construction project for KAB, who then initiated a third-party action against Marin Construction Corp. (Marin) for indemnification. The appellate court modified the lower court's order. It granted KAB summary judgment on its contractual indemnification claim, finding KAB was not negligent. However, it also granted Marin summary judgment dismissing KAB's common-law indemnification claim because the plaintiff was deemed Marin's special employee, barring the claim under Workers' Compensation Law. The branch of the motion concerning damages for breach of contract was properly denied.

Personal InjuryIndemnificationContractual IndemnificationCommon-law IndemnificationSummary JudgmentBreach of ContractSpecial EmployeeVicarious LiabilityAppellate ProcedureConstruction Accident
References
9
Case No. 2025 NYSlipOp 01656 [236 AD3d 941]
Regular Panel Decision
Mar 19, 2025

Rahmonov v. Purves Dev., LLC

The plaintiff, Sherzod Rahmonov, sustained personal injuries while working at a construction site and subsequently sued the property owner and general contractors. The defendants then brought a third-party action against V & P Altitude Corp., the plaintiff's employer, seeking contractual indemnification and alleging breach of contract for failure to procure insurance. The Supreme Court initially granted V & P Altitude Corp.'s motion for summary judgment, dismissing these third-party claims. However, the Appellate Division reversed this decision on appeal. The court found that V & P Altitude Corp. failed to establish its prima facie entitlement to judgment as a matter of law regarding its contractual obligations for indemnification and insurance procurement.

Personal InjuryConstruction AccidentContractual IndemnificationFailure to Procure InsuranceSummary JudgmentAppellate ReviewThird-Party ActionSubcontractor LiabilityWorkers' Compensation Law ExceptionLabor Law Violations
References
12
Case No. 2014 NY Slip Op 09106 [123 AD3d 1091]
Regular Panel Decision
Dec 31, 2014

Henderson v. Gyrodyne Co. of America, Inc.

The Appellate Division, Second Department, affirmed an order denying Towne Bus Corp.'s motion for summary judgment to dismiss third-party claims for indemnification and contribution. The court found triable issues of fact regarding whether the injured plaintiff was an employee of Towne Bus Corp., which impacts the applicability of Workers' Compensation Law § 11. Towne Bus Corp. also failed to prove it was an "alter ego" of the plaintiff's employer or that the contractual indemnification clause from an expired lease was not in effect during a holdover tenancy. Additionally, Towne Bus Corp. did not demonstrate a lack of notice or creation of the alleged defective condition for contractual indemnification purposes. Consequently, the Supreme Court's denial of summary judgment was upheld due to the failure of the third-party defendant to meet its prima facie burden.

Summary Judgment MotionThird-Party ComplaintIndemnification ClaimContribution ClaimWorkers' Compensation Law Section 11Grave Injury ExceptionAlter Ego TheoryContractual IndemnificationHoldover TenancyLease Agreement
References
16
Case No. MISSING
Regular Panel Decision
Jan 03, 1997

Marte v. St. John's University

This case involves an appeal concerning an interlocutory judgment related to a personal injury action. The defendant third-party plaintiff appealed a jury verdict that favored the third-party defendant on liability. The appellate court examined the principles of indemnification and contribution under Labor Law § 240 (1) and Workers’ Compensation Law § 11, particularly when an owner is found partially at fault. It was determined that the trial court erred by not allowing the apportionment of fault between the third-party plaintiff and the third-party defendant. Consequently, the interlocutory judgment was reversed, and a new trial was granted solely on the issue of proper fault apportionment.

Personal InjuryThird-Party ActionLabor LawWorkers' Compensation LawApportionment of FaultIndemnificationContributionJury VerdictAppellate ReviewInterlocutory Judgment
References
8
Case No. 2021 NY Slip Op 02769 [195 AD3d 140]
Regular Panel Decision
May 04, 2021

Robinson v. Great Performances/Artists as Waitresses, Inc.

This class action sought unpaid gratuities under Labor Law § 196-d. The central question was whether an employer has a right to contractual indemnification from a third party for claims brought under this statute. The court determined that contractual indemnification in this context is against public policy, citing similar rulings on other labor laws like the FLSA. The Supreme Court had dismissed the third-party complaint, and this appellate decision affirmed that dismissal, stating that allowing such indemnification would undermine employers' willingness to comply with their statutory obligations.

unpaid gratuitiesLabor Lawcontractual indemnificationpublic policyemployer liabilitywage violationsFair Labor Standards Act (FLSA)third-party claimsclass actionappellate review
References
12
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