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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

Black v. Consolidated Freightways Corp. of Delaware

This negligence action involves plaintiff James Black, a forklift operator, who sustained injuries after falling through a hole in a trailer owned by Consolidated Freightways Corporation of Delaware and leased to Freeman Decorating Company. Consolidated moved for summary judgment, arguing it lacked actual or constructive knowledge of the defect. The court first addressed Black's argument for vicarious liability under New York Vehicle and Traffic Law § 388, which was rejected because the claim against Freeman was barred by the Workers' Compensation Law, thus leaving nothing to impute. The court then examined Black's direct negligence claims against Consolidated, including constructive notice of the hole, negligent inspection, and inadequate lighting in the trailer. The court found Black's evidence insufficient to establish constructive notice, dismissed the negligent inspection claim due to lack of substantiation, and rejected the inadequate lighting claim as not being a substantial cause of the injuries given the forklift's headlights. Consequently, Consolidated's motion for summary judgment was granted.

Negligence actionSummary judgmentTrailer defectHole in floorWorkers' Compensation LawVehicle and Traffic Law § 388Constructive noticeNegligent inspectionInadequate lightingVicarious liability
References
23
Case No. MISSING
Regular Panel Decision

Consolidated Laundries Corp. v. Craft

This case involves Consolidated Laundries Corp., the petitioner, and its former employee, Craft, the respondent. Consolidated sought to enforce a restrictive covenant agreement against Craft, which prohibited him from serving former customers or engaging in the laundry business within his former route for one year after termination. Both parties were subject to collective bargaining agreements with the Amalgamated Laundry Workers Joint Board and Amalgamated Clothing Workers of America. Consolidated initiated arbitration, which Craft challenged on jurisdictional grounds. The case was subsequently removed to federal court. The court examined whether it had jurisdiction under Section 301 of the Labor Management Relations Act or 28 U.S.C. § 1337. The court concluded that Section 301 did not apply because the dispute concerned uniquely personal rights, an individual could not invoke Section 301, and a motion to stay arbitration was not a suit for contract violation under the act. Furthermore, jurisdiction under 28 U.S.C. § 1337 was denied as the claim did not directly arise under an act regulating commerce like the National Labor Relations Act. Consequently, the motions to remand the proceedings to the New York Supreme Court were granted due to lack of federal jurisdiction.

Labor LawArbitrationRestrictive CovenantEmployment ContractFederal JurisdictionLabor Management Relations ActNational Labor Relations ActCollective Bargaining AgreementRemandDistrict Court
References
33
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. 2019 NY Slip Op 00112 [168 AD3d 717]
Regular Panel Decision
Jan 09, 2019

Moscati v. Consolidated Edison Co. of N.Y., Inc.

The Appellate Division, Second Department, reviewed a personal injury case involving Michael Moscati, an excavator operator injured on a Consolidated Edison work site. Moscati's excavator slid into a creek while removing timber, leading to claims of common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing various Industrial Code provisions. The Supreme Court initially granted Consolidated Edison's motion for summary judgment, dismissing these claims. However, the Appellate Division reversed this decision, concluding that Consolidated Edison failed to establish a prima facie case for summary judgment. Specifically, Con Ed did not demonstrate a lack of notice regarding dangerous premises conditions or an absence of authority to supervise the work.

Construction accidentLabor Law 200Labor Law 241(6)Industrial Code violationsExcavator accidentSummary judgmentPrima facie caseDangerous premises conditionSupervision and controlAppellate Division
References
30
Case No. MISSING
Regular Panel Decision

Consolidated Underwriters v. Strahand

Kinzie Strahand, an employee of Wier Long Leaf Lumber Company, sustained an injury on July 11, 1932. Consolidated Underwriters, the insurer, initially paid $33 in compensation. Strahand later claimed total and permanent disability, a claim denied by the Industrial Accident Board on December 14, 1933. He appealed to the district court of Newton County, Texas, which ruled in his favor with a lump sum award of $2,659.80. Consolidated Underwriters appealed this decision, challenging the notice of injury and the sufficiency of evidence for total and permanent disability. The appellate court affirmed the district court's judgment, finding no reversible error.

Workers' CompensationTotal DisabilityPermanent DisabilityNotice of InjuryJurisdictionSufficiency of EvidenceJury FindingsAppellate ReviewTexas LawIndustrial Accident Board
References
7
Case No. MISSING
Regular Panel Decision
Nov 19, 2015

Schwarz v. Consolidated Edison, Inc.

Plaintiff, an ex-police officer with a 2002 perjury conviction related to the Abner Louima case, was hired by Consolidated Edison Company of New York, Inc. (ConEd) in November 2014 as a mechanic. He was terminated approximately two weeks later, with ConEd citing "potential disruption of business operations" and "damage to the Company’s reputation" due to his notoriety. Plaintiff sued ConEd, alleging unlawful employment discrimination based on his criminal conviction history under the New York State Human Rights Law and New York City Human Rights Law, incorporating Correction Law article 23-A. ConEd moved to dismiss the complaint, arguing it terminated him due to business disruption and reputational risk stemming from his notoriety, not the conviction itself. The court granted ConEd's motion to dismiss, ruling that article 23-A protects against discrimination based on actual convictions, not reputation or notoriety, and that vacated convictions are not legally cognizable "convictions" under the law.

Employment DiscriminationCriminal Conviction HistoryPerjury ConvictionWrongful TerminationHuman Rights LawCorrection Law Article 23-AReputational HarmNotorietyVacated ConvictionsMotion to Dismiss
References
24
Case No. MISSING
Regular Panel Decision

Tribble & Stephens Co. v. Consolidated Services, Inc.

Consolidated Services, Inc., an electrical subcontractor, sued general contractor Tribble & Stephens Company and owner Dayton-Hudson Corp. for wrongful termination of contract and conversion of materials. The trial court awarded Consolidated Services, Inc. actual damages for breach of contract, conversion damages, exemplary damages, foreclosure of a mechanic's lien, and attorney's fees. Appellants Tribble & Stephens Company and Dayton-Hudson Corp. appealed, challenging the sufficiency of evidence for conversion, malice, breach of contract damages, and the foreclosure of the lien. The appellate court affirmed the findings for breach of contract and conversion damages and attorney's fees, but reversed the awards for exemplary damages and the foreclosure of the mechanic's and materialman's lien due to lack of evidence and procedural omissions.

Construction ContractBreach of ContractWrongful TerminationConversionMechanic's LienMaterialman's LienExemplary DamagesAttorney's FeesAppellate ReviewEvidentiary Sufficiency
References
28
Case No. 156 AD3d 1064
Regular Panel Decision
Dec 14, 2017

Claim of Pontillo v. Consolidated Edison of New York, Inc.

Claimant Robert Pontillo established a claim for pulmonary fibrosis and lung cancer due to asbestos exposure while working for Consolidated Edison of New York, Inc. After voluntarily retiring, claimant sought wage replacement benefits, asserting he had reattached to the labor market. The Workers' Compensation Board affirmed an award of benefits, prompting Consolidated Edison and its claims administrator to appeal. The Appellate Division found that the Board failed to address the employer's argument regarding the claimant's burden to prove a causal link between his disability and his inability to find work. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings consistent with its decision.

Workers' CompensationAsbestos ExposurePulmonary DiseaseOccupational DiseaseWage BenefitsLabor Market ReattachmentVoluntary RetirementEarning CapacityCausationBoard Decision
References
4
Case No. MISSING
Regular Panel Decision

Trapani v. Consolidated Edison Employees' Mutual Aid Society, Inc.

This case addresses claims under the Employee Retirement Income Security Act (ERISA) against Consolidated Edison Employees’ Mutual Aid Society, Inc. (Mutual Aid) and its administrative officer, Paul R. Westerkamp. Plaintiffs, Consolidated Edison employees represented by Local 3, seek an equitable share of Mutual Aid's assets and a special emergency loan fund after their membership ceased in 1983. Building on an earlier decision, the court found that defendants retained benefit assets attributable to Local 3 for the benefit of Local 1-2, violating ERISA. The court also determined that Mr. Westerkamp breached his fiduciary duty by mismanaging assets and participating in a settlement detrimental to Local 3. Consequently, Mr. Westerkamp is barred from administering the Staten Island Relief Fund, and the parties are directed to propose methods for equitable asset distribution.

ERISAEmployee Welfare Benefit PlanFiduciary Duty BreachAsset MismanagementEquitable DistributionUnion BenefitsConsolidated EdisonMutual Aid SocietyPaul R. WesterkampLocal 3 IBEW
References
21
Case No. MISSING
Regular Panel Decision

Lechowicz v. Consolidated Rail Corp.

Plaintiff, a former railroad worker for defendant Consolidated Rail Corporation (Conrail), commenced an action under the Federal Employers’ Liability Act (FELA) for monetary damages due to personal injuries, including permanent sensorineural hearing loss, allegedly sustained from excessive noise and vibrations during employment. Conrail moved for summary judgment, arguing the hearing loss claim was time-barred by the three-year Statute of Limitations (45 USC § 56) and other claims for

Federal Employers' Liability ActStatute of LimitationsOccupational DiseaseHearing LossSummary JudgmentAccrual DoctrineRailroad EmploymentPersonal Injury ClaimAppellate DecisionLatent Injury
References
8
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