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Case Law Database

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

Case No. 1:10-cv-03461-PAC
Regular Panel Decision

Richman v. Goldman Sachs Group, Inc.

This Memorandum and Order addresses six consolidated class actions against Goldman Sachs & Co. and its officers and directors, alleging violations of the Securities Exchange Act of 1934. The plaintiffs claim the defendants made false and misleading statements regarding a collateralized debt obligation (CDO) security and failed to disclose a Wells notice from the SEC and a subsequent criminal investigation, which led to a significant drop in Goldman Sachs' stock price. The Court consolidated the actions and proceeded to determine the 'most adequate plaintiff' to serve as lead plaintiff under the Private Securities Litigation Reform Act (PSLRA). After evaluating several contenders and applying the four *Lax* factors for financial interest, the Court designated the Pension Group as the lead plaintiff. The Pension Group comprises the Arkansas Teachers Retirement System, the West Virginia Investment Management Board, and the Plumbers and Pipefitters Pension Group, and their selection of Robbins Geller Rudman & Dowd, LLP and Labaton Sucharow, LLP as co-lead counsels was approved.

Securities LitigationClass ActionLead Plaintiff AppointmentPSLRAConsolidation of CasesFinancial InterestRule 23 RequirementsMisleading StatementsCollateralized Debt Obligation (CDO)Goldman Sachs
References
15
Case No. 2016 NY Slip Op 05666 [143 AD3d 43]
Regular Panel Decision
Jul 28, 2016

Jerdonek v. 41 West 72 LLC

Plaintiff Orfeusz M. Jerdonek was injured after falling from a scaffold while working in a boiler room at 41 West 72nd Street. The Appellate Division, First Department, affirmed summary judgment on Labor Law § 240 (1) liability against Bar Construction Corp. The court modified the lower court's order, granting summary judgment to defendants 41 West 72 LLC and Property Markets Group, Inc., dismissing the Labor Law claims against them. The decision clarifies that the Hermitage Condominium's Board of Managers is the proper 'owner' for liability purposes concerning common elements, not the condominium sponsor or individual unit owners, due to the board's exclusive control over these elements. The court also granted plaintiff summary judgment on Labor Law § 240 (1) liability against the Hermitage Board.

Condominium LawLabor Law § 240(1)Summary JudgmentOwner LiabilityCommon ElementsBoard of ManagersScaffold AccidentReal Property LawAppellate DivisionFirst Department
References
22
Case No. 2025 NYSlipOp 01887 [236 AD3d 617]
Regular Panel Decision
Mar 27, 2025

Velez v. LSG 105 W. 28th, LLC

The Appellate Division, First Department, affirmed the Supreme Court's order regarding a Labor Law § 240 (1) claim. The Supreme Court had granted plaintiff Jose Luis Velez summary judgment on liability against LSG 105 West 28th, LLC and Flintlock Construction Services LLC, finding he fell from an elevation without adequate safety devices as instructed by his foreman. Conversely, the Supreme Court denied the defendants' motion to dismiss the claim and their third-party claims for indemnification and contribution against Construction & Realty Safety Group, Inc. (CRSG). The court also granted CRSG's motion to dismiss the third-party complaint, concluding CRSG was not negligent as it lacked supervisory control over the plaintiff's work, thus precluding claims requiring a finding of negligence. The Appellate Division upheld these determinations.

Labor LawSummary JudgmentConstruction AccidentFall from ElevationSafety DevicesRecalcitrant Worker DefenseContractual IndemnificationCommon-Law IndemnificationContributionNegligence
References
5
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. 2015 NY Slip Op 09604
Regular Panel Decision
Dec 29, 2015

Maggio v. 24 West 57 PFF, LLC

Plaintiff Joseph Maggio, a drywall installer, was injured after falling from a scaffold staircase at a premises owned by 24 West 57 APF, LLC and leased by Ana Tzarev New York, LLC (ATNY). The scaffold, constructed by Atlantic Hoist & Scaffolding, LLC, had a modified staircase with plywood covering some steps, lacking anti-slip protection and having an irregular rise. Plaintiff attributed his fall to these conditions and the presence of construction debris. The Supreme Court initially denied summary judgment motions from defendants 24 West and ATNY, citing outstanding discovery, and later denied renewed motions. On appeal, the Appellate Division found 24 West and ATNY justified in bringing the second motion but denied their request for summary judgment on negligence and Labor Law § 200 claims due to factual questions regarding notice of the dangerous condition. The court also denied plaintiff's untimely cross-motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division modified the lower court's order, granting ATNY conditional contractual indemnification against R&R, and otherwise affirmed the decision.

Summary JudgmentLabor Law § 200Labor Law § 240 (1)Common-Law NegligenceContractual IndemnificationCommon-Law IndemnificationScaffold AccidentConstruction Site InjuryPremises LiabilityAppellate Procedure
References
12
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
Case No. 2015 NY Slip Op 08399 [133 AD3d 733]
Regular Panel Decision
Nov 18, 2015

Podobedov v. East Coast Construction Group, Inc.

The plaintiff, Aleksey Podobedov, was injured on a construction site when struck by falling concrete while working for subcontractor IBK Enterprises, Inc. He sued the general contractor, East Coast Construction Group, Inc., and owner, Clinton West Partners, LLC, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants filed a third-party complaint against IBK for contractual indemnification. All parties moved for summary judgment, which the Supreme Court, Kings County, denied, finding triable issues of fact. The Appellate Division affirmed the Supreme Court's order, concluding that none of the parties had made a prima facie showing of entitlement to judgment as a matter of law regarding the Labor Law claims or the issue of contractual indemnification, thus requiring a jury determination.

Construction accidentpersonal injuryLabor Law § 240(1)falling objectsummary judgmentcontractual indemnificationAppellate Divisionprima facietriable issue of factsubcontractor liability
References
18
Case No. 2020 NY Slip Op 08000 [189 AD3d 681]
Regular Panel Decision
Dec 29, 2020

Matias v. West 16th Realty LLC

Jose Matias, an employee of a linen company, sustained injuries on premises owned by West 16th Realty LLC and leased to Grey Dog Chelsea Inc. He was struck on the head by a cellar door while climbing stairs from the restaurant's cellar. The Appellate Division, First Department, reversed the Supreme Court's order, granting summary judgment to defendant West 16th Realty LLC. The court determined that as an out-of-possession landlord, West 16th Realty LLC was not liable, as the lease did not mandate cellar door maintenance or repair, and no significant structural or design defect violating a specific statutory safety provision was present. The court also held that West 16th owed no duty under the Administrative Code of the City of New York regarding the sidewalk.

Out-of-possession landlordPremises liabilitySummary judgmentCellar door accidentStructural defectStatutory safety provisionLease obligationsAdministrative Code liabilityAppellate DivisionFirst Department
References
9
Case No. MISSING
Regular Panel Decision
Jul 14, 2005

Smith v. 21 West LLC Limited Liability Co.

The Supreme Court, New York County, denied defendant Bravo’s motion for summary judgment seeking to dismiss defendant 21 West’s cross claims for contribution and indemnification. Bravo failed to establish that the plaintiff was its employee or that it operated as a joint venture, thereby not barring 21 West’s cross claims under Workers’ Compensation Law § 11. Furthermore, Bravo could not demonstrate insufficient control over the work to negate negligence liability, nor prove supervision over 21 West. The appellate court found that the parties’ conduct, including Bravo commencing work and obtaining an insurance certificate, manifested an intent to be bound by an unsigned contract. Consequently, the appellate order unanimously affirmed the denial of Bravo's summary judgment motion, upholding 21 West's cross claims.

Summary JudgmentContributionIndemnificationWorkers' Compensation LawCross ClaimsContractual IndemnificationCommon-Law IndemnificationEmployee StatusJoint VentureNegligence Liability
References
4
Case No. 2023 NY Slip Op 02549 [216 AD3d 833]
Regular Panel Decision
May 10, 2023

Santiago v. Hanley Group, Inc.

David Santiago, a construction worker, was allegedly injured after falling from a roof while performing construction work. He and his wife initiated a lawsuit against the general contractor, Hanley Group, Inc., asserting, among other claims, a violation of Labor Law § 240 (1) for failure to provide adequate safety devices. The Supreme Court, Westchester County, granted the plaintiffs' motion for summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action against Hanley Group, Inc. Hanley Group, Inc. appealed, contending that it had complied with its statutory duty or that Santiago's conduct was the sole proximate cause of his injuries, or that he was a recalcitrant worker. The Appellate Division, Second Department, found that the defendant failed to raise a triable issue of fact on any of its contentions and therefore affirmed the lower court's order.

Personal InjuryLabor Law § 240 (1)Summary JudgmentAppellate ReviewConstruction AccidentFall from HeightRecalcitrant Worker DefenseSole Proximate CauseGeneral Contractor LiabilitySafety Devices
References
6
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