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The Supreme Court, Bronx County, affirmed an order granting the defendant's motion for summary judgment, thereby dismissing the complaint. The court determined that the plaintiff's injuries were not attributable to the defendant's conduct but to the intervening and superseding act of an unknown assailant. Additionally, it was held that even if the plaintiff were a special employee, the defendant would not have a duty to protect them from a third party acting beyond the defendant’s authority and control. The court also noted that the plaintiff's receipt of workers' compensation benefits independently necessitated the dismissal of the complaint against the special employer.
The Workers' Compensation Appeals Board denied Alma Kelley's petition for reconsideration, upholding the judge's finding that she failed to prove her claimed work-related injuries. The judge found Kelley's testimony regarding an assault by an unknown assailant to be not credible due to inconsistencies and contradictions with physical evidence and security camera footage. While the 90-day presumption of compensability applied due to the employer's failure to deny the claim timely, the judge determined the defendant presented sufficient evidence to overcome this presumption, specifically regarding Kelley's credibility. The Board granted the WCJ's report and adopted its reasoning in denying the petition.
Justin Timperio, a medical resident, was shot at Bronx-Lebanon Hospital by a former employee in 2017. He filed a workers' compensation claim, and the Workers' Compensation Board initially found it compensable. However, the Appellate Division reversed this decision on appeal. The court ruled that Timperio's injury did not arise out of and in the course of his employment because the attack lacked a sufficient nexus to his job duties. The assailant was a former employee unknown to Timperio, and the attack was motivated by arbitrary, personal animosity rather than work-related differences. The court also held that the Board was not collaterally estopped from adjudicating the claim despite a prior federal court decision.
A worker was killed at her workplace by a former romantic partner who was also a coworker, leading to a claim for workers' compensation death benefits. The Workers' Compensation Board denied the claim, ruling that the death did not arise out of employment, as it was motivated by personal animosity between the decedent and her assailant. The Appellate Division affirmed this decision, finding that the employer successfully rebutted the presumption of compensability for unwitnessed workplace deaths by presenting substantial evidence of a personal animosity motive, stemming from the decedent's recent separation from her assailant and documented threats.
This case clarifies the operation of the rebuttable presumption under New York Workers' Compensation Law § 21 (1). The claimant, Justin Timperio, a resident at Bronx-Lebanon Hospital, was injured during a workplace shooting. While the Workers' Compensation Board found his injuries compensable, the Appellate Division reversed, citing a lack of evidence regarding the assailant's motivation. The Court of Appeals reversed the Appellate Division, holding that when an injury occurs in the course of employment, it is presumed to arise out of employment unless substantial evidence to the contrary exists. The Court emphasized that a lack of evidence concerning the assailant's motivation does not, by itself, rebut this presumption, especially in the absence of any established personal animosity between the parties.
This case concerns an appeal where the plaintiff, Francisco Rodriguez, alleged negligent hiring, supervision, and retention against Manhattan Restoration LLC, a general contractor. Rodriguez was attacked by an employee of TMF Construction LLC, a subcontractor hired by Manhattan Restoration. The Supreme Court granted summary judgment dismissing the complaint against Manhattan Restoration. The Appellate Division, First Department, affirmed this decision, finding no vicarious liability as the assailant worked for the subcontractor, not Manhattan Restoration. The court also determined that Manhattan Restoration did not own the property, exercised only general supervisory authority, and lacked knowledge of the assailant's violent propensities. Furthermore, the argument regarding the absence of a safety manager was deemed speculative.
A secretary employed by the New York Times Company suffered severe burns when her dress caught fire during her lunch break on an employer-provided terrace. The cause of the intense fire remained unknown, though a company nurse noted the claimant recalled a cigarette ash falling on her dress. The Workers’ Compensation Board found the injury compensable, determining it arose out of and in the course of employment, as the claimant was engaged in a reasonable activity in a designated area. The employer appealed, arguing the accident was a personal act and the cause was not unknown. The appellate court affirmed the Board's decision, emphasizing the Workers’ Compensation Law § 21 (1) presumption for unwitnessed accidents and the employer's failure to present substantial rebuttal evidence that would preclude other explanations for the fire's intensity.
The defendant, charged with multiple felonies including attempted murder, moved to dismiss counts 1-10 of the indictment, arguing that the prosecution was time-barred as the crimes occurred in March 1990 and the indictment was filed in August 1996, exceeding the five-year statute of limitations for felonies. The People countered, citing CPL 30.10 (4) (a) (ii), which tolls the limitation period when the defendant's whereabouts are continuously unknown despite reasonable diligence, arguing they didn't know the defendant's identity until his 1996 arrest. The court, interpreting 'whereabouts' to mean the location of a known perpetrator rather than the identity of an unknown one, ruled in favor of the defendant. Consequently, the motion to dismiss counts 1-10 was granted, while counts 11-15, pertaining to later crimes, remained active.
A transgender female plaintiff commenced an action against the New York City Transit Authority (NYCTA) and an unknown employee, 'Jane Doe,' for discrimination. The summons and complaint were filed in January 2007. While NYCTA was timely served, 'Jane Doe' was identified as Lorna Smith through internal disciplinary proceedings. Plaintiff's counsel served Smith in September 2007, 233 days after filing, leading Smith to move for dismissal due to untimely service. The Supreme Court granted the plaintiff an extension of the 120-day service period. This appellate court affirmed, ruling that although 'good cause' for the extension was not met due to lack of due diligence, the extension was warranted under the 'interest of justice' standard, considering the unique challenges of identifying and serving an unknown defendant, Smith's common surname, and the absence of prejudice to the defendant.
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