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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

Morris v. Snappy Car Rental, Inc.

Plaintiff Barbara J. Morris rented a vehicle from Snappy Car Rental, and the agreement included indemnification clauses. She was later injured in an accident while her husband was driving the rental car and subsequently sued Snappy Car Rental and others. Snappy Car Rental counterclaimed for contractual indemnification and attorney's fees. The Supreme Court initially granted Snappy's motion for conditional summary judgment on indemnification and fees. However, the appellate court modified this decision, ruling that the indemnification provision was against public policy as it attempted to circumvent Vehicle and Traffic Law § 388. Consequently, Snappy's entitlement to indemnification was limited to liability exceeding its statutorily mandated coverage, and its request for attorney's fees was denied.

rental car agreementindemnification clausepublic policyVehicle and Traffic Lawvicarious liabilityinsurance coveragesummary judgmentcontract interpretationpersonal injuryappellate review
References
20
Case No. 2022 NY Slip Op 06033
Regular Panel Decision
Oct 27, 2022

Matter of Bernal v. New York Apple Car Serv.

Claimant's spouse, a cab driver dispatched by New York Apple Car Service (NYACS), was fatally stabbed while working. Claimant filed for workers' compensation death benefits. NYACS, a member of the Independent Livery Driver Benefit Fund (ILDBF), disputed liability, contending the decedent was a black car operator, making the New York Black Car Operator's Injury Compensation Fund (NYBCOICF) responsible. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision that the decedent was an independent livery driver, holding the ILDBF carrier liable. The Appellate Division affirmed the Board's determination, rejecting the argument that the vehicle's affiliation with the NYBCOICF was determinative and relying on precedent set in _Matter of Cisnero v Independent Livery Driver Benefit Fund_.

Workers' CompensationDeath BenefitsIndependent Livery DriverBlack Car OperatorFund LiabilityStatutory InterpretationAppellate ReviewDispatch ServiceEmployer ResponsibilityVehicle Affiliation
References
1
Case No. MISSING
Regular Panel Decision
May 01, 1992

Claim of Le Fevre v. Tel-A-Car of New York, Inc.

This is an appeal from a Worker's Compensation Board decision finding an employer-employee relationship between a claimant and Tel-A-Car of New York, Inc. The claimant, a franchisee of Tel-A-Car's two-way radio dispatch transportation service, was required to operate a specific luxury car, lease a radio, charge Tel-A-Car's set fares, and abide by strict operational rules and a dress code. Despite some freedom in work hours, the Board based its determination of an employer-employee relationship on Tel-A-Car's significant control over car type, radio leasing, fare setting, and dispatching. The appellate court found these incidents of control sufficient to support the Board's determination. Furthermore, the court affirmed the decision and declined to consider a new argument regarding the State Franchise Act, as it was not raised before the Board.

Employer-employee relationshipWorkers' Compensation LawFranchise agreementControl testAppellate procedureFactual issueScope of employmentTransportation industryNew York lawGeneral Business Law
References
5
Case No. MISSING
Regular Panel Decision
Jan 22, 1999

Ma v. Ryder Truck Rental, Inc.

The defendants, Ryder Truck Rental, Inc., and Zhidong Wu, appealed from an order denying summary judgment to Ryder Truck Rental, Inc. The plaintiff cross-appealed from the same order, which granted summary judgment dismissing the action against Zhidong Wu. The appellate court dismissed Zhidong Wu's appeal on the grounds that he was not aggrieved by the provision. The court affirmed the order denying summary judgment to Ryder Truck Rental, Inc., finding it failed to establish its entitlement to judgment as a matter of law regarding its alleged negligent maintenance. The plaintiff's cause of action against Zhidong Wu and any vicarious liability claim against Ryder Truck Rental, Inc., for Zhidong Wu's negligence were barred by the Workers’ Compensation Law.

Automobile accidentPersonal injurySummary judgmentNegligenceVicarious liabilityWorkers' CompensationAppellate reviewCross-appealJudicial dismissalOrder affirmed
References
6
Case No. MISSING
Regular Panel Decision
Mar 03, 1997

Delio v. Percom Equipment Rental Corp.

Cono Delio, Jr., an employee of Perez Interboro Asphalt Co., sustained personal injuries during employment from a dump truck rented from Percom Equipment Rental Corp. The plaintiffs sued Percom, alleging negligent maintenance. The Supreme Court denied Percom's motion for summary judgment, citing that Perez Interboro's Workers’ Compensation immunity did not shield Percom. However, the appellate court reversed the decision, determining that Perez Interboro was responsible for vehicle maintenance under its rental agreement with Percom. The plaintiffs failed to provide sufficient evidence of negligence by Percom, leading to the granting of summary judgment and dismissal of the complaint.

Personal InjuryNegligenceSummary JudgmentRental AgreementVehicle MaintenanceAppellate ReversalThird-Party ActionEmployer LiabilityKings CountyDump Truck Accident
References
4
Case No. MISSING
Regular Panel Decision

Szarewicz v. Alboro Crane Rental Corp.

The interlocutory judgment from Supreme Court, Kings County, favoring the plaintiff against Alboro Crane Rental Corp. on liability, was unanimously reversed and vacated on appeal. The plaintiff, a structural steel worker employed by Harrod Steel Erectors, was injured when knocked off a steel beam, allegedly due to a negligent crane operator. A key issue was whether an employer-employee relationship existed between the operator and Alboro, which owned and leased the crane to Harrod. The court found insufficient evidence to establish this relationship, noting the operator was not on Alboro's payroll and Alboro lacked control over his work. Consequently, the complaint against Alboro was dismissed, as liability could not be based on the rental agreement or control theory.

Crane accidentliabilityemployer-employee relationshipvicarious liabilitynegligenceleased equipmentappellate reviewjudgment reversalstructural steel workercrane operator control
References
2
Case No. 532689
Regular Panel Decision
Oct 27, 2022

In the Matter of the Claim of Monica Patricia Hidalgo Bernal (Poncefarfan, (dec'd) Otto)

Monica Patricia Hidalgo Bernal filed a claim for workers' compensation death benefits after her spouse, a cab driver, was fatally stabbed while dispatched by New York Apple Car Service (NYACS). NYACS, a member of the Independent Livery Driver Benefit Fund (ILDBF), controverted the claim, contending the decedent was a black car operator, thus making the New York Black Car Operators Injury Compensation Fund (NYBCOICF) liable. The Workers' Compensation Board found the decedent to be an independent livery driver, holding NYACS and its ILDBF carrier responsible. The Appellate Division affirmed the Board's decision, referencing Matter of Cisnero v Independent Livery Driver Benefit Fund, and reiterated that the vehicle's affiliation with NYBCOICF does not negate liability when the dispatch originated from an independent livery base.

Workers' CompensationDeath BenefitsIndependent Livery Driver Benefit Fund (ILDBF)New York Black Car Operators Injury Compensation Fund (NYBCOICF)Livery DriverBlack Car OperatorStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
1
Case No. MISSING
Regular Panel Decision
May 10, 2000

Claim of Spurck v. Avis Rent-A-Car

Claimant, concurrently employed by Avis Rent-A-Car and First Call, suffered a work-related compensable injury during his employment with Avis in February 1995. The Workers’ Compensation Law Judge (WCLJ) established the case and determined claimant's average weekly wage based on wages from both concurrent employments. Avis sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 14 (6) for awards made when claimant’s wages at a subsequent employer (Autohaus South Volkswagen, Inc.) exceeded his Avis wages or pre-injury rate. Both the WCLJ and the Workers’ Compensation Board denied reimbursement, a determination that Avis and its carrier appealed. The Appellate Division affirmed the Board’s decision, concluding that Avis's liability was not greater under WCL § 14 (6) than it would have been under prior law, which is the relevant inquiry for Special Fund reimbursement.

Workers CompensationSpecial Disability FundConcurrent EmploymentAverage Weekly WageReimbursementEmployer LiabilityStatutory InterpretationAppellate ReviewReduced EarningsNew York Workers Compensation
References
5
Case No. MISSING
Regular Panel Decision

Lawson v. Avis Budget Car Rental, LLC

Plaintiff Iris Lawson sued her former employer, Avis Budget Rental, LLC, and supervisor, Trish Homenuk, for discrimination and retaliation under the ADA, FMLA, and NYSHRL due to her disabilities, and for FLSA and NYLL violations regarding overtime pay. Lawson alleged adverse employment actions after returning from leave and after her attorney sent a complaint letter, including being 'locked out' of the manager's office and forced to work at the front counter. She also claimed an ADA violation for disclosure of her medical condition. The court found no admissible evidence that defendants discriminated or retaliated against Lawson, that she suffered an adverse employment action, or that her primary duties ceased to be managerial. The court also found no evidence of injury-in-fact for the confidentiality claim and that Lawson voluntarily resigned. Therefore, the defendants' motion for summary judgment was granted, and the complaint was dismissed.

Americans with Disabilities ActFamily and Medical Leave ActNew York State Human Rights LawFair Labor Standards ActNew York Labor LawSummary JudgmentDiscriminationRetaliationDisability DiscriminationConstructive Discharge
References
23
Case No. MISSING
Regular Panel Decision

Metro Furniture Rental, Inc. v. Alessi

This action was initiated by Metro Furniture Rental, Inc., alleging violations of RICO against Michael Alessi, Chemical Bank, and Buchbinder Stein Tunick & Platkin, along with pendent state claims for breach of contract, accountant malpractice, breach of fiduciary duty, fraud, and conversion. The case, originally filed in state court, was removed to the federal district court. Defendant Alessi's motion to remand to state court was denied as untimely. Defendants Chemical Bank and Buchbinder's motions to dismiss were granted in part, specifically dismissing the plaintiff's RICO claim due to insufficient particularity in pleading fraud and lack of evidence for a knowing agreement among defendants, and rejecting respondeat superior for Chemical Bank. The remaining pendent state claims were remanded sua sponte to the New York State Supreme Court.

RICO ActRacketeeringFraudMail FraudWire FraudAccountant MalpracticeBreach of ContractBreach of Fiduciary DutyConversionMotion to Remand
References
20
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