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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
Jun 02, 1997

Small v. Yonkers Contracting Inc.

This case concerns an appeal for reargument in a personal injury action. The plaintiff, Charles Small, sued Yonkers Contracting Inc., which then filed a third-party complaint against Rice Mohawk, U.S. Construction Co., Ltd. for indemnification and contribution. Rice Mohawk had insured Yonkers as an additional insured through Admiral Insurance Co. The Supreme Court partially dismissed Yonkers' claims, citing the antisubrogation rule. The appellate court granted reargument, vacated the previous decision, and modified the order. It ruled that the indemnification and contribution claims against Rice Mohawk should be dismissed only to the extent of actual payments made by Admiral to Yonkers, balancing the antisubrogation rule with Yonkers' right to recover uncompensated losses. The order was modified and, as modified, affirmed.

Antisubrogation RuleCommon-Law IndemnificationContribution ClaimsPersonal Injury ActionThird-Party ActionInsurance CoverageAdditional InsuredWorkers' Compensation LawGeneral Obligations LawAppellate Review
References
8
Case No. 15918/93, 19316/93
Regular Panel Decision

Stein v. Yonkers Contracting, Inc.

This case involves two personal injury actions brought by Ronald Stein, an employee of Rice Mohawk, against Yonkers Contracting, Inc. and the New York City Department of Transportation. Yonkers Contracting, as a third-party plaintiff, appealed parts of two Supreme Court orders: one denying its motion for summary judgment on a third-party complaint for indemnity and contribution, and another precluding its counsel from trial. The appeals by the New York City Department of Transportation were dismissed. The Appellate Division modified the order regarding common-law and contractual indemnification and contribution, applying the antisubrogation rule to dismiss claims only to the extent of payments made by Admiral Insurance Co. It also reversed the order precluding Yonkers' counsel from participating in the trial, citing an error of law.

Personal InjurySummary JudgmentThird-Party ActionCommon-Law IndemnificationContractual IndemnificationContributionAntisubrogation RuleAdditional InsuredCounsel PreclusionWorkers' Compensation Law
References
10
Case No. 34145/20; Appeal No. 5727; Case No. 2025-02172
Regular Panel Decision
Feb 03, 2026

Coronel v. Marcal Contract Co., LLC

Plaintiff Nelson Guadalupe Coronel, a carpenter for Capital Concrete NY, Inc., moved for summary judgment on liability under Labor Law § 240(1) after being injured by a falling concrete form. The Supreme Court, Bronx County, granted plaintiff's motion, denied Capital's cross-motion to dismiss the Labor Law § 241(6) claim, and denied defendants Marcal Contract Co., LLC and AW Pelham, LP's motion to dismiss common-law negligence and Labor Law § 200 claims against Marcal and for contractual indemnification against Capital. The Appellate Division, First Department, modified the order. It affirmed the grant of summary judgment for plaintiff on Labor Law § 240(1) liability. However, it granted defendants' motion to dismiss the common-law negligence and Labor Law § 200 causes of action against Marcal, finding Marcal lacked actual control over the work. Consequently, the Appellate Division also granted Marcal and AW Pelham's motion for contractual indemnification against Capital.

Labor Law § 240(1)Labor Law § 200Contractual indemnificationSummary judgmentConstruction accidentElevation-related hazardProximate causeGeneral contractor liabilityThird-party liabilityAppellate review
References
5
Case No. 2017 NY Slip Op 02888 [149 AD3d 500]
Regular Panel Decision
Apr 13, 2017

O'Leary v. S&A Electrical Contracting Corp.

Plaintiff Patrick O'Leary sustained injuries from an electrical shock while overseeing renovation work. He sued S&A Electrical Contracting Corp. and 1435 Broadway, LLC (Owner) under Labor Law § 241 (6). The Supreme Court granted O'Leary partial summary judgment on liability, denied Owner's motion to dismiss, and denied Nygard's motion for summary judgment. The Appellate Division modified the Supreme Court's order, granting Owner summary judgment on its contractual indemnification claim against Nygard International Partnership and dismissing all claims against Nygard NY Retail, LLC, while otherwise affirming the lower court's decision. The court found that O'Leary was engaged in construction work, a violation of 12 NYCRR 23-1.13 (b) (4) occurred due to negligence, and New York law governed the third-party claims.

Construction accidentLabor Lawindemnificationsummary judgmentvicarious liabilityelectrical shockpremises liabilitythird-party claimschoice of lawcomparative negligence
References
9
Case No. MISSING
Regular Panel Decision

Williams v. Northrup

Plaintiff Donald G. Williams, Jr. appealed the Supreme Court's decision granting summary judgment to several defendants. The court initially dismissed the complaint against Ronald Samsel, Ronald Samsel, P.E., Donald J. Schmidt, and Northrup Contracting, Inc. The appellate court found that the plaintiff's expert affidavit raised triable issues of fact regarding the negligent design of a grease pit by Samsel and Schmidt, and negligent construction by Northrup Contracting. Consequently, the appellate order was modified to deny the motions for summary judgment by Samsel, Schmidt, and Northrup Contracting, reinstating the complaint against them. However, the dismissal of the complaint against James Northrup, who was the owner of the premises and president of the plaintiff's employer, Northrup Concrete, Inc., was affirmed due to the coemployee exclusivity provision of Workers’ Compensation Law § 29 (6).

Summary judgmentNegligenceGrease pitDesign defectConstruction defectCoemployee exclusivityWorkers' Compensation LawPersonal injuryAppellate reviewTriable issue of fact
References
3
Case No. 2021 NY Slip Op 01845
Regular Panel Decision
Mar 25, 2021

Goya v. Longwood Hous. Dev. Fund Co., Inc.

This case from the Appellate Division, First Department, involves appeals related to a Labor Law action stemming from an incident on a fire escape ladder. The court modified several Supreme Court orders, granting summary judgment dismissal for A.A.D. Construction Corp. on a Labor Law § 241 (6) claim, while denying renewal for a Labor Law § 240 (1) claim. It also addressed complex issues of contractual indemnification and breach of contract for failure to procure insurance among various defendants and third-party defendants, including Longwood Housing Development Fund Co., Inc., Melcara Corp., AIM Construction of NY Inc., Clark & Wilkins Industries, Inc., Cross Contracting, Inc., and Triboro Maintenance Corp. The court affirmed in part, modified in part, and reversed a judgment dismissing a contribution claim, reinstating it.

Labor LawIndustrial CodeSummary JudgmentContractual IndemnificationBreach of ContractFailure to Procure InsuranceElevation-Related RiskFire Escape LadderStatutory AgentAnti-Subrogation
References
24
Case No. MISSING
Regular Panel Decision

Piazza v. Shaw Contract Flooring Services, Inc.

Plaintiff, an employee of the Buffalo Municipal Housing Authority (BMHA), sustained injuries after falling through a hole in an apartment floor while removing trash. BMHA had contracted Shaw Contract Flooring Services, Inc., operating as Spectra Contract Flooring, for flooring work, who in turn subcontracted Gregory Simmons, doing business as Simmons Flooring and Remodeling. After the kitchen floor was noted as "spongy," Simmons cut out portions, creating the hole. The Supreme Court initially granted summary judgment dismissing common-law negligence and Labor Law § 200 claims. However, the appellate court modified this by denying those parts of the motions and reinstating the claims, finding defendants failed to establish they did not supervise the work, control the premises, or create/have notice of the dangerous condition. Conversely, the court affirmed the dismissal of Labor Law § 241 (6) claims, ruling that the plaintiff's trash removal duties were not connected to construction activities as defined by that statute. The order was thus modified and affirmed.

Personal InjuryNegligenceLabor LawSummary JudgmentPremises LiabilityDangerous ConditionConstruction SafetyWorker InjuryAppellate ReviewSubcontractor Liability
References
8
Case No. 2021 NY Slip Op 01663 [192 AD3d 1594]
Regular Panel Decision
Mar 19, 2021

Chrisman v. Syracuse Soma Project, LLC

Michael Chrisman, an employee of EJ Construction Group, Inc., sustained injuries after slipping on snowy metal decking at a construction site. He sued Syracuse SOMA Project, LLC (owner) and Burke Contracting, LLC (general contractor) under Labor Law. Burke initiated a third-party action against Whitacre Engineering Co. (subcontractor for steel mesh) and EJ Construction Group, Inc. (subcontractor employing Chrisman) for indemnification. The Supreme Court granted third-party defendants' motion for summary judgment and plaintiff's cross motion for partial summary judgment on Labor Law § 241 (6) liability. The Appellate Division, Fourth Department, modified the order, ruling that the violation of 12 NYCRR 23-1.7 (d) does not conclusively establish liability but is merely evidence of negligence, thus raising factual issues. The court also found no contractual indemnification between Burke and Whitacre due to the lack of a formal contract but erred in dismissing the contractual indemnification claim against EJ Construction Group, Inc. The order was modified by reinstating the fifth cause of action against EJ and denying plaintiff's cross motion entirely, and as modified, affirmed.

Construction AccidentLabor LawPremises LiabilitySummary JudgmentContractual IndemnificationSubcontractor LiabilityWorkplace SafetyAppellate ReviewNegligenceThird-Party Action
References
15
Case No. MISSING
Regular Panel Decision
Aug 16, 2006

Superior Ice Rink, Inc. v. Nescon Contracting Corp.

The plaintiff contracted with Nescon Contracting Corp. for painting services and required to be named an additional insured under Nescon's liability policy. Nescon's insurance broker, Seigerman-Mulvey Company, Inc., issued a certificate indicating plaintiff was an additional insured, but the insurer, Merchants Mutual Insurance Company, later disclaimed coverage after workers were injured on the plaintiff's premises. The plaintiff sued Seigerman-Mulvey for breach of contract, alleging third-party beneficiary status. The Supreme Court denied Seigerman-Mulvey's motion to dismiss the complaint. However, the appellate court reversed, granting the motion to dismiss, holding that the plaintiff was not in privity of contract with Seigerman-Mulvey, was owed no duty by them, and failed to establish itself as an intended third-party beneficiary or demonstrate fraud, collusion, or other special circumstances for recovery.

Breach of ContractInsurance Broker LiabilityThird-Party BeneficiaryMotion to DismissAdditional InsuredPrivity of ContractAppellate ReviewInsurance Coverage DisclaimerCPLR 3211(a)(7)Pecuniary Loss
References
4
Case No. MISSING
Regular Panel Decision
Oct 24, 1990

Christiansen v. Silver Lake Contracting Corp.

Einar Christiansen and other plaintiffs appealed an order from the Supreme Court, Westchester County, which granted summary judgment to the defendants, Silver Lake Contracting Corp. and Anthony P. Abbondola, in a personal injury action. Christiansen was injured when struck by a truck owned by Silver Lake and operated by Abbondola. The Supreme Court initially dismissed the complaint, finding Abbondola immune under Workers’ Compensation Law due to common employment with Christiansen. The Appellate Division modified the order, affirming summary judgment for Abbondola but denying it for Silver Lake, allowing the case to proceed against Silver Lake based on potential independent negligence in equipping and maintaining the truck. The court also converted cross-claims into third-party complaints and severed the action against Silver Lake.

Personal InjurySummary JudgmentAppellate ReviewVicarious LiabilityIndependent NegligenceThird-Party ComplaintContribution and IndemnificationWorkers' Compensation ImmunityTruck AccidentEmployer Liability
References
12
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