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

Case No. 2017 NY Slip Op 08027 [155 AD3d 900]
Regular Panel Decision
Nov 15, 2017

Poalacin v. Mall Properties, Inc.

The plaintiff, Nelson Poalacin, was injured when he fell from a defective ladder while working at a retail property undergoing refurbishment. He sued multiple defendants, including the property owners (Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc.), the general contractor (James Hunt Construction), and subcontractors (Weather Champions, Ltd., APCO Insulation Co., Inc.), alleging violations of Labor Law §§ 240 (1), 200, and 241 (6), as well as common-law negligence. The Supreme Court initially denied Poalacin's motion for summary judgment on Labor Law § 240 (1) and later granted the defendants' motions to dismiss the complaint. On appeal, the Appellate Division reversed the Supreme Court's orders, granting Poalacin summary judgment on the Labor Law § 240 (1) claim and denying the defendants' motions to dismiss the other Labor Law claims. The court also made declarations regarding indemnification and insurance coverage between the parties, finding Harleysville Insurance's policy was excess to Netherlands Insurance Company's policy, and remitted the matter for judgment entry.

Labor LawConstruction AccidentWorkplace SafetyLadder FallSummary JudgmentIndemnificationInsurance DisputesAdditional InsuredCommon-Law NegligenceThird-Party Action
References
37
Case No. MISSING
Regular Panel Decision
Jun 10, 2008

Preserver Ins. Co. v. Ryba

This case involves a dispute between two insurers, Preserver Insurance Company and Northern Assurance Company of America, regarding the scope of an employers' liability policy. The central issue was whether Preserver's employers' liability coverage for East Coast Stucco & Construction, Inc. was limited to $100,000 or was unlimited, particularly after a construction worker, Arthur Ryba, suffered a grave injury in New York. The Court of Appeals found that the policy, issued and delivered in New Jersey, was not "issued for delivery" in New York, thus Preserver was not subject to New York's timely disclaimer rule under Insurance Law § 3420 (d). The Court further concluded that the policy's clear terms limited the employers' liability coverage to $100,000 per accident, rejecting arguments that New York insurance manual provisions for unlimited coverage applied when New York was listed as an "Other States Insurance" (Item 3.C.) state without explicit notification and reclassification to an "Item 3.A." state. The Appellate Division's order was reversed, limiting Preserver's indemnification duty.

Workers' CompensationEmployers' LiabilityInsurance PolicyCoverage LimitsDisclaimer of CoverageNew York LawNew Jersey LawInter-insurer DisputeConstruction AccidentGrave Injury
References
2
Case No. 2014 NY Slip Op 05765
Regular Panel Decision
Aug 13, 2014

Commissioners of State Insurance Fund v. Kaywood Properties, Ltd.

The case involves an appeal by Kaywood Properties, Ltd., from an order denying its motion for summary judgment. The Commissioners of State Insurance Fund sued Kaywood Properties for allegedly unpaid workers' compensation insurance premiums. Kaywood Properties argued it had no employees during the relevant period, thus owing no premiums. The Supreme Court denied their motion, and the Appellate Division affirmed this decision. The Appellate Division found that Kaywood's affidavit contained only conclusory assertions without sufficient evidentiary support to establish its prima facie entitlement to judgment.

Workers' CompensationInsurance PremiumsSummary JudgmentAffirmationAppellate ReviewEmployer LiabilityPayrollEvidentiary SupportConclusory AssertionsSupreme Court
References
6
Case No. 61 AD3d 88
Regular Panel Decision

Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation

The petitioner, Lighthouse Pointe Property Associates LLC, challenged the New York State Department of Environmental Conservation's (DEC) decision to deny its properties' inclusion in the Brownfield Cleanup Program (BCP) through a CPLR article 78 proceeding. DEC's denial was based on its determination that the properties did not meet the statutory definition of a brownfield site, arguing that contamination levels were minimal and did not complicate redevelopment, with issues primarily stemming from solid waste. Lighthouse presented substantial evidence of contamination, including hazardous wastes exceeding cleanup standards, which had demonstrably hindered redevelopment efforts by impacting financing and regulatory approvals. The Supreme Court initially sided with Lighthouse, but the Appellate Division reversed, deferring to DEC's expertise. The Court of Appeals ultimately reversed the Appellate Division, concluding that DEC's interpretation of "brownfield site" was arbitrarily narrow and contrary to the broad legislative intent of the BCP, thereby reinstating the Supreme Court's judgment to grant Lighthouse's application.

Brownfield Cleanup ProgramEnvironmental Conservation LawContaminationReal Property RedevelopmentHazardous WasteSolid Waste LandfillSoil Cleanup ObjectivesAppellate ReviewStatutory InterpretationArbitrary and Capricious
References
4
Case No. MISSING
Regular Panel Decision

New York City Coalition for the Preservation of Gardens v. Giuliani

The petitioners, individual New York City residents and the New York City Coalition for the Preservation of Gardens, sought to enjoin the City of New York from constructing low-cost housing on former community garden sites in the Lower East Side and Harlem. They argued that the City's actions, particularly those of the Department of Housing Preservation and Development (HPD), the City Council, and the Mayor, violated the State Environmental Quality Review Act (SEQRA) and the General Municipal Law by improperly waiving environmental and land use reviews. The court first addressed standing, finding that the petitioners lacked a legally cognizable interest in the properties, as their use was either unlicensed or subject to revocable licenses that had been revoked. Subsequently, the court reviewed the HPD's SEQRA determination, concluding it was rational to classify the projects as Type II actions, exempt from exhaustive environmental review, and rejected claims of improper project segmentation. Finally, the court upheld the City Council's waiver of land use review under the General Municipal Law, finding the construction of one-to-four unit dwellings with incidental commercial space consistent with the law's purpose. Consequently, the respondents' motions were granted, and the petition was dismissed.

Environmental LawLand Use LawSEQRAStanding (Legal)Community GardensLow-Cost Housing DevelopmentUrban RenewalGovernment DeterminationsType II Actions (SEQRA)Segmentation (Legal)
References
35
Case No. MISSING
Regular Panel Decision

Salamone v. Wincaf Properties, Inc.

This case explores the application of CPLR article 16, which limits joint and several liability, to common-law indemnification claims, particularly when a defendant's liability is purely vicarious under Labor Law § 240 (1). Wincaf, a construction site owner, was held vicariously liable for a laborer's injuries and sought full common-law indemnification from subcontractors Bronte and T.O.M.I. Construction, Inc., who were found actually at fault. Bronte argued that CPLR article 16 limited its indemnification liability to its proportionate share of fault (21.75%). The IAS court initially denied Bronte's argument based on CPLR 1602 (2) (ii), which protects indemnification rights, but later reversed itself. This appellate court concluded that CPLR 1602 (2) (ii) preserves common-law indemnification rights entirely, preventing article 16 from limiting a vicariously liable defendant's right to full indemnification from a culpable party, even if that party's fault is less than 50%. The appellate court reversed the IAS court's decision, reinstating Wincaf's right to complete indemnification from Bronte.

Joint and Several LiabilityCPLR Article 16IndemnificationVicarious LiabilityLabor Law § 240(1)Subcontractor LiabilityConstruction AccidentsNoneconomic DamagesStatutory ConstructionAppellate Review
References
24
Case No. 2019 NY Slip Op 00338 [168 AD3d 1249]
Regular Panel Decision
Jan 17, 2019

Matter of Cerobski v. Structural Preserv. Sys.

Claimant Marek Cerobski filed for workers' compensation following a workplace injury in June 2015 to his right leg and back. The employer and carrier (Structural Preservation Systems) failed to timely file a prehearing conference statement, leading to preclusion from raising defenses, including a later-asserted fraud claim under Workers' Compensation Law § 114-a. Initially, a Workers' Compensation Law Judge (WCLJ) found the claimant had committed fraud, but the Workers' Compensation Board reversed, determining that the carrier's fraud claim was untimely and defenses were waived due to their procedural defaults. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that the carrier's failure to file the required prehearing statement and demonstrate good cause for delay resulted in a proper waiver and preclusion of its defenses, including the fraud allegation and relitigation of established issues like accident and notice.

Workers' Compensation LawPrehearing Conference StatementWaiver of DefensesFraud ClaimCausal RelationshipAccident and NoticeCollateral EstoppelRes JudicataAppellate ReviewAdministrative Law
References
6
Case No. MISSING
Regular Panel Decision

Romano v. Whitehall Properties

An employee of Sorbara Construction Company was injured at a construction site owned by Whitehall Properties, LLC. The employee received workers' compensation benefits from Travelers Indemnity Insurance Company of America, Sorbara's carrier. The employee also filed a negligence action against Whitehall and the general contractor, Kreisler Borg Florman General Construction Co., Inc. This negligence action was settled, with Travelers contributing under a general liability policy. Whitehall and Kreisler appealed a Supreme Court order denying their motion to extinguish Travelers' workers' compensation lien against the settlement. The appellate court affirmed, ruling that the anti-subrogation rule did not apply because Travelers' workers' compensation obligation arose from a separate policy issued to Sorbara, not the general liability policy covering Whitehall and Kreisler, thus allowing Travelers to assert its lien.

Workers' Compensation LienAnti-Subrogation RuleGeneral Liability PolicyPersonal Injury DamagesConstruction AccidentEmployer NegligenceInsurance CarrierSettlement AgreementAppellate DecisionThird-Party Action
References
6
Case No. 2016 NY Slip Op 08317 [145 AD3d 506]
Regular Panel Decision
Dec 13, 2016

Burgos v. Premiere Properties, Inc.

Joaquin Burgos, a building porter, sustained injuries after tripping over a tool bag on a stairway. He sued Premiere Properties, Inc., the building management company, alleging negligence and Labor Law violations. The Supreme Court denied Premiere's motion for summary judgment. On appeal, the Appellate Division, First Department, affirmed the denial. The court found issues of fact regarding Premiere's potential liability as a statutory agent under Labor Law § 200 due to its extensive control over the construction site, as well as whether Premiere had actual or constructive notice of the hazardous condition. Claims under Labor Law §§ 240(1) and 241(6) were deemed abandoned.

Personal InjuryPremises LiabilityConstruction Site SafetyLabor Law 200Statutory AgentSummary Judgment DenialTrip and FallSafe Place to WorkManagement Company LiabilityAppellate Affirmation
References
5
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
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