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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

Dean v. Tower Insurance

Plaintiffs Douglas and Joanna Dean purchased a home and obtained a homeowners' insurance policy from Tower Insurance Company of New York. Following the discovery of extensive termite damage, the plaintiffs undertook significant repairs, preventing them from immediately moving into the property. Before they could establish full residency, a fire completely destroyed the house. Tower Insurance Company disclaimed coverage, asserting the dwelling was unoccupied and thus did not qualify as a 'residence premises' under the policy's terms. The court found that the term 'residence premises,' defined only as 'where you reside' and with 'reside' undefined, was ambiguous in these circumstances, precluding summary judgment for the insurer. The decision highlighted factual issues regarding Douglas Dean's daily presence at the property and his intent to move in, citing other legal interpretations of occupancy in insurance contexts. The Appellate Division's order, which found the policy ambiguous, was affirmed.

Homeowners InsurancePolicy InterpretationContract AmbiguityResidency RequirementOccupancy ClauseFire DamageDisclaimer of CoverageSummary Judgment StandardsInsurance Contract BreachProperty Insurance
References
12
Case No. MISSING
Regular Panel Decision

De La Cruz v. Caddell Dry Dock & Repair Co.

This case addresses whether municipal vessels qualify as "public works" under Labor Law § 220 and Article I, § 17 of the New York State Constitution, thereby mandating prevailing wages for workers involved in their construction, maintenance, or repair. Plaintiffs, employees of Caddell Dry Dock & Repair Co., Inc., sued their employer and its sureties, asserting that they were third-party beneficiaries to contracts between Caddell and New York City agencies for work on various municipal vessels, including Staten Island Ferries and fireboats. The lower courts had dismissed the complaint, citing prior precedent, but the Court of Appeals reversed this decision. The Court established a new three-prong test for determining if a project is a "public work": (1) a public agency must be a party to a contract involving laborers, (2) the contract must involve construction-like labor paid by public funds, and (3) the primary objective of the work must benefit the general public. Applying this test, the Court concluded that municipal vessels serving the general public's use or benefit are indeed "public works," thus granting the plaintiffs' motion for partial summary judgment on liability.

Public works doctrinePrevailing wage lawLabor LawState Constitutional LawMunicipal vesselsStaten Island FerryFireboatsPublic benefitConstruction laborPublic funds
References
18
Case No. 2022-06-0311
Regular Panel Decision
Jun 23, 2023

Burke, Timothy v. Steve Towers Enterprises, LLC, a/k/a Steve Towers Holding, LLC

Timothy Burke, an employee of Steve Towers Enterprises, LLC, sought workers' compensation benefits after being accidentally shot by a coworker, Josh Daniels, during work hours. The incident occurred when Mr. Daniels was showing Mr. Burke a gun he intended to sell. Steve Towers Enterprises filed a motion for summary judgment, arguing that the injury did not arise primarily out of Burke's employment, as the activity of selling a gun was unrelated to the employer's vehicle repair business. Judge Kenneth M. Switzer granted the summary judgment motion, concluding that there was no causal connection between the employment conditions and the injury. Consequently, Burke's claim for benefits was dismissed with prejudice, and Towers was ordered to pay court costs.

Workers' CompensationSummary JudgmentAccidental ShootingArising out of employmentCausal connectionEmployment hazardsDismissed with prejudiceTennessee lawVehicle repair shopCoworker injury
References
6
Case No. 2022 NY Slip Op 07295 [211 AD3d 605]
Regular Panel Decision
Dec 22, 2022

Itara v. Masaryk Towers Corp.

Plaintiff, an employee of third-party defendant Centennial Elevator Industries, Inc., was injured when a staircase step collapsed while he was performing elevator repair work at a building owned by defendant Masaryk Towers Corporation. Masaryk brought third-party claims against Centennial for contribution, common-law indemnification, and contractual indemnification, as well as breach of contract for failure to procure insurance. The Supreme Court dismissed all third-party claims. On appeal, the Appellate Division, First Department, affirmed the dismissal of the contribution, common-law indemnification, and breach of contract claims, finding no "grave injury" under Workers' Compensation Law § 11 and sufficient insurance procurement. However, the Court modified the order by reinstating the claim for contractual indemnification, ruling that it was improperly dismissed as the accident arose from Centennial's work and General Obligations Law § 5-322.1 (1) allows for proportional indemnification.

Elevator AccidentPremises LiabilityThird-Party ClaimContractual IndemnificationCommon-Law IndemnificationContributionGrave InjuryWorkers' Compensation LawGeneral Obligations LawBreach of Contract
References
2
Case No. MISSING
Regular Panel Decision

Regensdorfer v. Central Buffalo Project Corp.

The Supreme Court erred in denying the cross motion of defendant Central Buffalo Project Corporation and third-party defendant United States Shoe Corporation, doing business as Casual Corner, for summary judgment dismissing the complaint. An out-of-possession landlord, Central Buffalo, was not liable as it relinquished control, was not contractually obligated to repair nonstructural defects, and did not have notice of the condition. The loose stairway treads were deemed a non-structural defect. Additionally, Casual Corner was contractually obligated to indemnify Central Buffalo. The amendment to Workers' Compensation Law § 11, effective September 10, 1996, was deemed prospective only and not applicable to this action.

Landlord LiabilityPremises LiabilitySummary JudgmentContractual IndemnificationWorkers' Compensation LawStructural DefectNotice of DefectAppellate ReviewOut-of-Possession LandlordLease Agreement
References
15
Case No. MISSING
Regular Panel Decision

Tower Insurance v. Classon Heights, LLC

This case is a declaratory judgment action regarding an insurance coverage disclaimer based on late notice of a personal injury claim. Plaintiff Tower Insurance issued a liability policy to Classon Heights and Renaissance Realty, who were notified of an accident involving Elizabeth Gonzalez on their premises in October 2006. Despite knowing about the incident where Gonzalez fell and was taken to a hospital, the insureds waited five months, until March 2007, to notify Tower Insurance. Tower Insurance subsequently disclaimed coverage due to the untimely notice and initiated this action to declare it had no duty to defend or indemnify the insureds. The Supreme Court granted summary judgment to Tower Insurance, concluding that a five-month delay was untimely as a matter of law and the insureds' belief in nonliability was unreasonable given their immediate knowledge of Gonzalez's fall and hospital transport.

Insurance CoverageDisclaimer of CoverageLate Notice of ClaimPersonal InjuryDeclaratory JudgmentSummary JudgmentDuty to NotifyPolicy ConditionsTimeliness of NoticeReasonable Belief
References
11
Case No. 2023 NY Slip Op 05661 [221 AD3d 429]
Regular Panel Decision
Nov 09, 2023

Keilitz v. Light Tower Fiber N.Y., Inc.

Christopher Keilitz, an electrician working for Hellman Electric Corp., was injured when a vacuum fell into a manhole and struck him during the installation of fiber optic cables. Keilitz sued Light Tower Fiber New York, Inc., Verizon New York, Inc., Verizon Communications, Inc., and Empire City Subway (ECS) under New York Labor Law. The Supreme Court initially denied Keilitz's motion for partial summary judgment on his Labor Law § 240 (1) and § 241 (6) claims and dismissed claims against the defendants. The Appellate Division, First Department, modified the Supreme Court's order, granting Keilitz partial summary judgment on his Labor Law § 240 (1) claim against ECS and Light Tower. The court determined that Keilitz's work constituted an 'altering' activity under the statute and that the falling vacuum presented an elevation-related risk, rendering other related claims moot.

Labor Law § 240(1)Summary JudgmentFalling ObjectElevation-Related RiskManhole AccidentFiber Optic InstallationAlteration WorkAppellate DivisionThird-Party ClaimContractual Indemnification
References
9
Case No. MISSING
Regular Panel Decision
Apr 04, 2006

In re Tower Automotive, Inc.

Federal Insurance Company objected to a Bankruptcy Court order that recommended granting summary judgment to Tower Automotive, Inc. on Federal's obligation to pay defense costs for ERISA actions. Tower commenced the action seeking a declaration of insurance coverage for lawsuits related to its employee benefit plans. Federal denied coverage, citing an exclusion in its Fiduciary Liability Policy after Securities Actions were filed. The District Court, applying Michigan law, found both parties' interpretations of the exclusion reasonable but, due to ambiguity, construed the clause against Federal. Consequently, the District Court overruled Federal's objections and granted summary judgment in favor of Tower, affirming Federal's duty to defend.

ERISAFiduciary Liability InsuranceInsurance Coverage DisputeDuty to DefendSummary JudgmentPolicy Exclusion InterpretationContract LawMichigan Insurance LawFederal Court ReviewBankruptcy Court Findings
References
9
Case No. M1999-01272-COA-R3-CV
Regular Panel Decision
Aug 21, 2001

Project Creation, Inc. v. Kenneth Neal

This case involves an appeal concerning sanctions imposed on Project Creation, Inc. and Sean Meek after their libel lawsuit was dismissed. The original libel action was filed against neighbors who wrote a letter to a local newspaper opposing Project Creation's proposed 'Ark Museum and Dinosaur Park' project, alleging deception and misleading statements related to zoning. The trial court found the libel action was filed for an improper purpose and lacked factual support under Tenn. R. Civ. P. 11, awarding the defendants $9,262.90 in attorney fees and expenses. The Court of Appeals affirmed the trial court's decision to impose sanctions, holding that an objective reasonableness standard applies to represented parties, even if they did not sign the offending document. However, the appellate court vacated the monetary award, remanding the case for a recalculation of sanctions to include only those fees and costs directly resulting from the libel lawsuit, not from the intertwined zoning dispute.

Rule 11 SanctionsLibel LawsuitImproper PurposeLack of Factual SupportAttorney FeesLitigation CostsObjective Reasonableness StandardNonsigning Party LiabilityZoning DisputeFreedom of Speech
References
24
Case No. 04-24-00797-CV
Regular Panel Decision
Jan 14, 2026

Eunice Villanueva v. Structural Repair, LLC; Isabel Alcantara; Frederick Marshall; Francis Check; Bradley Bertelsen; Michael Ellington; And Jarrod McBride

Eunice Villanueva appealed a summary judgment favoring Structural Repair, LLC and other appellees, stemming from a dispute over foundation repair. An initial arbitration between Villanueva and Advanced Foundation Repair, L.P. resulted in an award for Villanueva on a DTPA violation, which was subsequently confirmed by the trial court. Villanueva then sued the appellees, who were related to Advanced Foundation, asserting similar claims of fraud and DTPA violations. The appellees successfully moved for summary judgment, arguing res judicata based on the prior arbitration. The appellate court affirmed, holding that the arbitration award constituted a final judgment, the appellees were in privity with Advanced Foundation, and the claims were identical to those previously litigated, thus satisfying all elements of res judicata. The court also clarified that Villanueva's attempt to pierce the corporate veil did not introduce a new substantive claim precluding summary judgment.

Summary JudgmentAppealRes JudicataArbitration AwardPrivityCorporate VeilTexas Deceptive Trade Practices ActFoundation RepairFraudCivil Procedure
References
17
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