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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

Martegani v. Cirrus Design Corp.

Micaela Martegani, individually and as natural guardian of her minor child, commenced a wrongful death action against Cirrus Design Corporation and East End Aviation following her husband's death in a 2006 plane crash. The parties reached a settlement, and Martegani sought court approval, including attorney's fees and the establishment of a trust for the minor child's share. The court approved the settlement in principle, but significantly reduced the requested attorney's fees by 30% due to the absence of contemporaneous time records. Additionally, the court denied the recovery of "case expenses" and a $5,000 reserve due to insufficient documentation. The final order authorized Martegani to settle the claims, with specific allocations for attorney's fees, the minor child's trust, and Martegani's personal compensation.

Infant SettlementWrongful DeathPlane CrashAttorney FeesContingency FeeCourt ApprovalMinor Child TrustSettlement AllocationCase ExpensesDocumentation Requirements
References
17
Case No. MISSING
Regular Panel Decision
Aug 15, 2012

Rozenfeld v. Department of Design & Construction

Plaintiff Paul Rozenfeld sued his former employer, the New York City Department of Design and Construction (DDC), and several DDC employees, alleging discrimination and retaliation based on race, color, and age under federal and state laws, including Title VII, ADEA, § 1983, SHRL, and CHRL. Defendants moved for summary judgment, and Plaintiff cross-moved. The court found that Plaintiff knowingly and voluntarily waived most of his claims through a settlement agreement. Even if the waiver were invalid, Plaintiff failed to demonstrate adverse employment action or circumstances inferring discrimination. The court denied Plaintiff's motion for summary judgment and granted Defendants' motion, dismissing all of Plaintiff's claims.

Employment DiscriminationAge DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentWaiver AgreementADEATitle VIISection 1983
References
70
Case No. MISSING
Regular Panel Decision

Claim of Joyner v. Event Design Associates, Inc.

Claimant was retained by Event Design Associates, Inc. (EDA) to transport furniture and event props for a party. While en route to a hotel during this assignment, claimant was involved in an automobile accident and sustained serious injuries. Subsequently, claimant applied for workers' compensation benefits, asserting an employer-employee relationship with EDA. The Workers' Compensation Board ruled in favor of the claimant, finding that an employment relationship existed. EDA appealed this decision. The Appellate Division affirmed the Board's ruling, concluding there was substantial evidence to support the finding of an employer-employee relationship, based on factors such as EDA's control over the work, method of payment, and right to terminate.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceControl TestAppellate ReviewAutomobile AccidentNew YorkWorkers' Compensation BoardTemporary Employment
References
4
Case No. MISSING
Regular Panel Decision

Nichols v. BDS Landscape Design

Deborah Nichols, injured in a slip and fall in 2005, sought to enforce an oral settlement for a negligence claim against BDS Landscape Design, William Dobson, III, and National Grange Mutual Insurance. Despite reaching an agreement contingent on a workers' compensation lien waiver, National Grange later disputed the settlement and claimed the action was time-barred after Nichols received the necessary consent. Nichols initiated a special proceeding to compel payment, which the Supreme Court granted. On appeal, the higher court reversed the lower court's order, converting the special proceeding into an action, and held that Nichols failed to establish the existence and terms of the settlement agreement as a matter of law.

Personal InjurySlip and FallNegligenceSettlement AgreementBreach of ContractStatute of LimitationsSpecial ProceedingConversion of ActionWorkers' Compensation LienInsurance Dispute
References
9
Case No. MISSING
Regular Panel Decision

Johnson v. General Design and Development, Inc.

Jerry Johnson was severely injured in November 1991 when a drill bound, causing him to fall from a stepladder at a construction site. He and his spouse sued the general contractor, General Design and Development, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), among other claims. General subsequently initiated a third-party action against subcontractors Omni Plumbing Company and Thomas P. Pleat Construction, Inc., seeking contribution and indemnification. Plaintiffs were granted partial summary judgment on liability under Labor Law § 240 (1) by the Supreme Court. The defendants appealed, contending the injuries were not elevation-related. The appellate court affirmed the Supreme Court's order, ruling that the stepladder was inadequate and the accident constituted an elevation-related risk under Labor Law § 240 (1), thus establishing a prima facie violation.

Construction AccidentLabor LawFall from HeightScaffolding LawSummary JudgmentAppellate ReviewPersonal InjuryContractor LiabilitySubcontractor LiabilityIndemnification
References
11
Case No. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. MISSING
Regular Panel Decision

National Basketball Ass'n v. Design Management Consultants, Inc.

The National Basketball Association (NBA) and NBA Properties, Inc. (plaintiffs) initiated a civil contempt motion against Designer Management Consultants, Inc. (DMC) and Delroy Allen (defendants). Plaintiffs alleged that defendants violated a Preliminary Injunction on Consent, issued on August 11, 2003, by continuing to sell 'Disputed Merchandise' bearing NBA trademarks and failing to provide a complete accounting of these sales. The court found clear and convincing evidence of non-compliance regarding merchandise sales and accounting documentation. Consequently, the plaintiffs' motion for civil contempt was granted, with sanctions including a $2,500 daily fine for continued non-compliance after October 15, 2003, and an entitlement to net profits from the unlawful sales, to be determined later.

Trademark InfringementCivil ContemptPreliminary InjunctionTrademark DilutionUnfair CompetitionDeceptive ActsBrand ProtectionIntellectual PropertySanctionsCompliance
References
6
Case No. MISSING
Regular Panel Decision
Apr 30, 1998

Nos v. Greenpoint Manufacturing & Design Center Local Development Corp.

Greenpoint Manufacturing and Design Center Local Development Corporation, the owner and lessor of a property, appealed an order denying its motion for summary judgment on common-law indemnification against S & G Woodworking, Inc. A worker employed by S & G was allegedly injured after falling from a ladder on Greenpoint's premises. The appellate court found no evidence that Greenpoint supervised or controlled the plaintiff's work, thus establishing its right to indemnification from S & G. The order was reversed, the motion for summary judgment was granted, and Greenpoint was deemed entitled to recover legal expenses incurred in defending the plaintiff's claims.

Personal InjuryCommon-law indemnificationSummary JudgmentAppellate DivisionWorker InjuryPremises LiabilityEmployer LiabilityLessor LiabilityThird-party actionLegal Expenses
References
4
Case No. MISSING
Regular Panel Decision

Thomas v. Keystone Silver, Inc.

This case addresses a motion to dismiss a complaint filed under Section 16b of the Federal Fair Labor Standards Act. The central issue is whether an ex-employee can initiate and maintain a representative action on behalf of other current employees who are members of a rival union, particularly when these employees did not consent to the action and it proceeds against their will. The court ruled that such a representative action cannot be sustained under these circumstances, citing concerns about consent, interests of the represented parties, and public policy. The motion was granted to strike all allegations pertaining to the representative character of the action, except for Harry Orfinger's individual claim.

Fair Labor Standards ActRepresentative ActionLegal Capacity to SueMotion to DismissEx-EmployeeUnion RepresentationClass ActionMultiplicity of ActionsPublic PolicyEmployee Rights
References
4
Case No. 2025 NY Slip Op 02215 [237 AD3d 958]
Regular Panel Decision
Apr 16, 2025

NGM Ins. Co. v. MGC Design & Constr. Corp.

NGM Insurance Company initiated a declaratory judgment action to determine if it was obligated to defend or indemnify MGC Design & Construction Corp. in an underlying action stemming from a construction worker's trip and fall injury. The central dispute revolved around whether the worker, Carlos Guichay, sustained a "grave injury" as defined by Workers' Compensation Law § 11 (1), which would negate the employer's statutory shield from third-party liability. The Supreme Court granted NGM's motion for summary judgment, concluding that no grave injury occurred. The Appellate Division, Second Department, affirmed this decision, finding that the construction manager, IE Construction Management, LLC, failed to present a triable issue of fact and that medical evaluations indicated Guichay remained employable in some capacity, precluding a finding of "permanent total disability."

Declaratory JudgmentDuty to DefendDuty to IndemnifyConstruction Site AccidentTrip and FallBrain InjuryGrave InjuryWorkers' Compensation LawSummary JudgmentAppellate Division
References
11
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