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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

Organized Maintenance, Inc. v. Brock (In Re Organized Maintenance, Inc.)

Organized Maintenance, Inc. (OMI), a Chapter 11 debtor, initially secured a Bankruptcy Court order in April 1985 that stayed the U.S. Department of Labor from pursuing debarment proceedings against OMI under the Service Contract Act, related to pre-bankruptcy wage and fringe benefit violations. The Bankruptcy Court's order also nullified a prior debarment decision and denied the defendants' motion to dismiss. The defendants, including the Secretary of Labor, appealed this decision to the District Court. During the appeal, OMI expressed its desire to withdraw the adversary proceeding and consented to the continuation of debarment processes. Consequently, the District Court vacated the Bankruptcy Court's order as moot, dismissed the adversary proceeding, and permitted the defendants to resume debarment proceedings against OMI, with each party bearing its own costs.

BankruptcyService Contract ActDebarmentWage ViolationsMootnessAdversary ProceedingFederal Government ContractsChapter 11Federal Rules of Civil ProcedureAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Wider v. Heritage Maintenance, Inc.

Plaintiff Todd Wider brought an action against his insurer, Paramount Insurance Company, and Heritage Maintenance, Inc., for property damage caused by Heritage's negligent cleaning work. Paramount disclaimed coverage, prompting Wider to sue for breach of policy. Paramount moved for summary judgment, asserting policy exclusions for rain damage and faulty workmanship/maintenance. The court partially granted Paramount's motion, finding the faulty workmanship exclusion applied to damage from August 2004 but not the September 2004 incident, as the rain limitation was inapplicable due to Heritage's role in tarp placement.

Insurance PolicyProperty DamageSummary JudgmentFaulty WorkmanshipFaulty MaintenanceRain ExclusionCommercial PolicyCoverage DisputeProximate CauseContract Interpretation
References
23
Case No. MISSING
Regular Panel Decision

Kalloo ex rel. Ulimited Mechanical Co. of NY, Inc. v. Unlimited Mechanical Co. of NY, Inc.

Plaintiffs Kevin Kalloo, Shahrazz Mohammad, and Clement Albertie sued Unlimited Mechanical Co. of New York, Inc. and its president, Nicholas Bournias, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs claimed they were not paid appropriate overtime compensation for hours worked, uncompensated travel time, and, in Mr. Kalloo's case, unpaid wages for his last two weeks of employment. The court found Mr. Bournias individually liable as an employer under both acts and determined that Mr. Kalloo was an employee, not an independent contractor. The court concluded that the defendants failed to pay full overtime and straight time wages for hours worked and travel time, awarding substantial damages and liquidated damages to all three plaintiffs. Defendants' counterclaims for unjust enrichment against Mr. Albertie and tortious interference against Mr. Kalloo were denied.

Wage and Hour DisputeOvertime CompensationUnpaid Travel TimeFLSA ViolationsNYLL ViolationsEmployer ResponsibilityIndividual Employer LiabilityEmployee ClassificationDamages AwardLiquidated Damages
References
0
Case No. MISSING
Regular Panel Decision

Wolfe v. KLR Mechanical, Inc.

Plaintiff Malcolm Wolfe, a millwright employed by DLX Inc., was injured when he slipped on a threaded rod while working at defendant Irving Tissue, Inc.'s paper mill. Wolfe and his wife filed an action alleging negligence and violations of Labor Law §§ 200 and 241 (6) against Irving Tissue, Inc., Northeast Riggers & Erectors, Inc. (general contractor), and KLR Mechanical, Inc. (subcontractor). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. On appeal, the court affirmed the dismissal of the Labor Law § 241 (6) claims against all defendants and the other claims against Northeast Riggers & Erectors, Inc. and KLR Mechanical, Inc. However, the court reversed the summary judgment granted to Irving Tissue, Inc. concerning common-law negligence and Labor Law § 200, finding that Irving retained control of the stairway and failed to establish a lack of constructive notice of the dangerous condition. The case was remitted for further proceedings against Irving Tissue, Inc.

Labor LawSummary JudgmentPremises LiabilityConstruction AccidentRoutine MaintenanceIndustrial CodeAppellate DivisionSpecial EmployeeConstructive NoticeDangerous Condition
References
21
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Union-Endicott Central School District & Union-Endicott Maintenance Workers' Ass'n ex rel. Kolmel

Petitioner Peters appealed a Supreme Court order denying a stay of arbitration between Peters and the Union-Endicott Maintenance Workers’ Association, and George Kolmel. Kolmel, a maintenance worker, had resigned but was subsequently terminated after allegations of a sex offense. The Union filed a grievance asserting a violation of the collective bargaining agreement regarding retirement health benefits, arguing Kolmel met the eligibility requirements despite his termination. The Supreme Court compelled arbitration, a decision affirmed by the appellate court. The court ruled that arbitration of postemployment health benefits is permissible, not against public policy, and falls within the broad arbitration clause of the CBA, regardless of the employee's termination for misconduct.

Arbitration DisputeCollective Bargaining AgreementRetirement Health BenefitsEmployee DismissalMisconduct AllegationsPublic Policy ProhibitionArbitrabilityPostemployment BenefitsAppellate AffirmationLabor Law
References
14
Case No. 2014 NYSlipOp 06570 [121 AD3d 661]
Regular Panel Decision
Oct 01, 2014

Renaissance Equity Holdings, LLC v. Al-An Elevator Maintenance Corp.

This case involves a dispute between Renaissance Equity Holdings, LLC (plaintiff) and Al-An Elevator Maintenance Corporation (defendant) concerning a 10-year elevator maintenance contract. The defendant ceased services, alleging unsafe premises. The plaintiff subsequently sued for breach of contract and fraud. The Supreme Court partially dismissed the plaintiff's claims, specifically regarding consequential damages for breach of contract and the entire fraud cause of action. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the breach of contract claim was adequately pleaded, the limitation on liability for consequential damages was enforceable, and the fraud claim was properly dismissed as it was not collateral to the contract.

Breach of ContractFraudElevator Maintenance AgreementConsequential DamagesMotion to DismissCPLR 3211Condition PrecedentLimitation on LiabilityAppellate Review
References
21
Case No. MISSING
Regular Panel Decision

Wilson v. Hyatt Corp.

The plaintiff initiated an action to recover damages for personal injuries after slipping and falling on a wet door mat at the Grand Hyatt Hotel. She sued the hotel owners and two contractors, Harvard Maintenance, Inc., and Platinum Maintenance Services Corp. The defendants Harvard and Platinum moved for summary judgment, which the Supreme Court, Queens County, denied. On appeal, the higher court reversed the Supreme Court's order, granting the defendants' separate motions for summary judgment. The appellate court found that Harvard and Platinum established, prima facie, that they did not assume a comprehensive and exclusive maintenance obligation and did not launch a force or instrumentality of harm, thus owing no duty of care to the plaintiff.

Personal InjuryPremises LiabilitySummary JudgmentContractor LiabilityDuty of CareSnow RemovalSlip and FallMaintenance AgreementAppellate ReviewNegligence
References
14
Case No. MISSING
Regular Panel Decision

Brooks v. Maintenance Service Resources, Inc.

The plaintiff was injured on March 3, 1995, after stepping into an opening in a raised floor at her office. The opening was made by Universal Builders & Developers Corp. workers at the request of Allied Exterminating workers, who were performing pest control services. Allied was hired by Maintenance Service Resources, Inc., which had a contract with HIP of Greater New York (plaintiff's employer) for maintenance and pest control. The plaintiff sued Maintenance, and Maintenance then filed a third-party complaint against Allied for contribution or indemnification. A jury found both Allied and Maintenance negligent, assigning 40% fault to Allied and 60% to Maintenance. The Supreme Court, Kings County, issued an interlocutory judgment based on this verdict. On appeal, the court found no rational basis for the jury's conclusion that Maintenance was negligent, as Maintenance did not own or occupy the office, nor did it have a comprehensive maintenance obligation or control over the work. Consequently, the appellate court reversed the interlocutory judgment and dismissed both the plaintiff's complaint against Maintenance and Maintenance's third-party complaint against Allied.

Personal InjuryNegligencePremises LiabilityThird-Party ActionAppellate ReviewDismissal of ComplaintContribution and IndemnificationJury VerdictFault ApportionmentContractual Obligation
References
7
Case No. MISSING
Regular Panel Decision
Apr 07, 2000

In re Economy Office Maintenance, Inc.

This is an appeal from a decision by the Unemployment Insurance Appeal Board, which assessed Economy Office Maintenance Inc. (EOM) for additional unemployment insurance contributions. EOM, a cleaning services provider, challenged the Board’s ruling that all its workers are employees. The court's review is limited to whether the Board’s decision is supported by substantial evidence. Despite EOM’s subcontractor agreements labeling workers as independent contractors, the control reserved by EOM was deemed sufficient to establish an employer-employee relationship. The court found no basis to disturb the Board's decision, affirming it.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceCredibility of WitnessesAppellate ReviewAdministrative Law Judge BiasRemittal for New HearingCleaning ServicesNew York
References
11
Case No. MISSING
Regular Panel Decision

Slaughter v. American Building Maintenance Co.

Ellis L. Slaughter, a former employee of American Building Maintenance Co. of New York (ABM), moved for partial summary judgment on his Family and Medical Leave Act (FMLA) claim and to dismiss ABM's affirmative defense of collateral estoppel. Slaughter was terminated by ABM due to excessive absences under a 'no fault' policy, stemming from recurring back pain, a condition known to ABM's predecessor. The court found that Slaughter's notice to ABM regarding his FMLA-qualifying leave was insufficient for summary judgment in his favor, as merely calling in sick did not adequately inform ABM of his FMLA-protected condition, and doctors' notes were provided with delay. However, the court granted Slaughter's motion to dismiss ABM's collateral estoppel defense, ruling that a prior arbitration decision, which upheld his termination for excessive absenteeism, did not preclude his federal statutory FMLA claim because the issues resolved were distinct and the arbitrator did not consider FMLA specifics. The motion for summary judgment was thus granted in part and denied in part.

FMLASummary Judgment MotionCollateral EstoppelAbsenteeism PolicyTermination of EmploymentBack InjuryMedical Leave NoticeLabor LawEmployee RightsPreclusive Effect of Arbitration
References
27
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