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

Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
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. No. 53
Regular Panel Decision
Jun 25, 2019

Pangea Capital Management, LLC v. John R. Lakian

The New York Court of Appeals addressed a certified question from the Second Circuit concerning the priority of a spouse's interest in real property after a divorce judgment. Pangea Capital Management, LLC, a judgment creditor of John Lakian, sought to attach property, arguing its docketed judgment had priority over Andrea Lakian's undocketed divorce judgment, which awarded her a share of the property. The Court clarified that an equitable distribution of marital property upon divorce does not transform the spouse into a judgment creditor of the other. Consequently, CPLR 5203 (a), which governs priority among judgment creditors, was deemed inapplicable, thus affirming that Andrea's vested interest was not subordinate to Pangea's attachment.

Equitable distributionMarital propertyDivorce judgmentJudgment creditorCPLR 5203DocketingReal propertyAttachmentCertified questionSecond Circuit
References
23
Case No. MISSING
Regular Panel Decision
Sep 17, 2009

Vincente v. Silverstein Properties, Inc.

This case concerns a personal injury action where the plaintiff was determined to be a special employee of the defendants. This finding allowed the defendants to invoke the exclusive remedy provisions of the Workers’ Compensation Law. The court affirmed the dismissal of the complaint, concluding that the evidence demonstrated the defendants, as the owner and property manager of the work site, supervised and controlled the plaintiff's work. Furthermore, the plaintiff's argument disputing the special employment relationship with the "River Place" defendants was rejected. This rejection was based on a property management agreement confirming that the supervisory staff of the property manager were also employees of the owner.

Personal InjuryWorkers' CompensationSpecial EmploymentSummary JudgmentExclusive RemedyAppellate AffirmationEmployment LawLabor LawProperty ManagementControl Test
References
4
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

Reyes v. Arco Wentworth Management Corp.

The plaintiff, German Reyes, was injured while employed by Grasskeepers Landscaping, Inc. on property owned by Ramapo Cirque Homeowners Association, Inc. and managed by Arco Wentworth Management Corporation. The injury occurred when his lawn mower entered a hole, causing it to tip and injure his leg. Reyes filed a lawsuit alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing both unsafe premises conditions and defective equipment due to the absence of an emergency shut-off switch. Ramapo moved for summary judgment, arguing it lacked supervisory control over the work and that the work was routine maintenance, thus falling outside the scope of Labor Law § 241 (6). The court denied Ramapo's motion for summary judgment, determining that Ramapo failed to meet its prima facie burden regarding premises liability and that a triable issue of fact existed under Labor Law § 241 (6). The court also discussed the inadmissibility of the plaintiff's English-language affidavit without a qualified translator's affidavit, but noted that other admissible evidence, such as the translated deposition transcript, still raised sufficient issues of fact to defeat summary judgment. Arco's separate motion for summary judgment was denied as premature.

Workers' CompensationPremises LiabilityDangerous EquipmentSummary JudgmentLabor LawNotice RequirementSupervision and ControlConstruction SafetyExcavationOSHA Violations
References
45
Case No. Index No. 303087/12, 83924/12, 83996/12, 83739/13, 84015/15, 84057/15, 84072/15 Appeal No. 16728 Case No. 2020-04517
Regular Panel Decision
Nov 29, 2022

Rucinski v. More Restoration Co., Inc.

Plaintiff Zbigniew Rucinski, an employee of subcontractor Skylights By George Co., Inc., sustained a traumatic brain injury while working at a property owned by Kraus Management Inc. and managed by Franklin Kite Housing Development Fund Corporation. The defendants, Kraus Management and Franklin Kite, moved for summary judgment for contractual indemnification against Skylights and opposed Skylights's motion to dismiss common-law indemnification and contribution claims. The Supreme Court conditionally granted defendants' motion for contractual indemnification but granted Skylights's motion to dismiss the common-law claims. The Appellate Division reversed this decision. It found that conflicting expert opinions on whether Rucinski suffered a 'grave injury' under Workers' Compensation Law § 11 created a triable issue of fact, thus precluding summary judgment for Skylights on the common-law claims. Furthermore, the Appellate Division determined that the defendants were entitled to unconditional summary judgment on their contractual indemnification claim against Skylights, as the contract did not require a finding of Skylights's negligence.

Appellate DivisionSummary JudgmentContractual IndemnificationCommon-Law IndemnificationContribution ClaimsWorkers' Compensation Law § 11Grave InjuryExpert WitnessTraumatic Brain InjurySubcontractor Liability
References
5
Case No. MISSING
Regular Panel Decision
Apr 12, 2001

Steiner v. Benroal Realty Associates, L.P.

The injured plaintiff, a sanitation worker, suffered a knee injury after stepping on a garbage bag while attempting to hook a dumpster. The plaintiffs initiated legal action against the property owner and site manager, alleging the existence of a dangerous and defective condition on the premises. The Supreme Court, Nassau County, granted the defendants' motion for summary judgment, leading to the dismissal of the complaint. This appellate court subsequently affirmed that decision, ruling that a defendant is not liable when a worker, aware of obvious employment hazards and possessing resources for safe conduct, performs the job incautiously.

Personal InjurySummary JudgmentPremises LiabilitySanitation WorkerObvious HazardAssumption of RiskAppellate DecisionNassau CountyKnee InjuryDangerous Condition
References
3
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. MISSING
Regular Panel Decision

Nadeau v. Equity Residential Properties Management Corp.

Plaintiff Janice Nadeau initiated a class action against Equity Residential Properties Management Corporation, alleging violations of the Fair Labor Standards Act and New York Labor Law. Her claims include uncompensated off-the-clock work, failure to pay overtime, inaccurate wage statements, and retaliation for pursuing arbitration. Defendant moved to compel arbitration, citing a pre-employment arbitration agreement. The court denied this motion, ruling that the defendant materially breached the arbitration agreement by failing to pay the required filing fees to the American Arbitration Association (AAA) and refusing to participate in the arbitration process, thereby forfeiting its right to enforce the agreement.

Fair Labor Standards ActNew York Labor LawArbitration AgreementMotion to Compel ArbitrationBreach of ContractRetaliationOff-the-Clock WorkWage DisputeFederal Arbitration ActEmployment Law
References
13
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