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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

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
Case No. 2022 NY Slip Op 06389 [210 AD3d 1448]
Regular Panel Decision
Nov 10, 2022

Smith v. MDA Consulting Engrs., PLLC

Nicholas Smith sued MDA Consulting Engineers, PLLC, for injuries sustained after falling from a foundation wall during construction, alleging Labor Law and common-law negligence violations. The Supreme Court initially denied the defendant's motion for summary judgment. However, the Appellate Division, Fourth Department, reversed this decision. The appellate court determined that the defendant was not an owner, contractor, or statutory agent of the Town, and therefore lacked supervisory control over the work or safety measures, absolving them of liability under Labor Law and common-law negligence. Consequently, the defendant's motion for summary judgment was granted, and the plaintiff's complaint was dismissed.

Labor LawSummary JudgmentAppellate ReviewAgency RelationshipConstruction AccidentFall InjurySupervisory ControlCommon-Law NegligenceStatement of Material FactsStatutory Agent
References
17
Case No. 2023 NY Slip Op 04821
Regular Panel Decision
Sep 28, 2023

Liu v. Whitestar Consulting & Contr., Inc.

The Appellate Division, First Department, modified a prior order concerning a construction site accident where plaintiff Noah Liu fell 20 to 25 feet from an unguarded plywood ramp. The court granted the plaintiffs' cross-motion for summary judgment on their Labor Law § 240 (1) claim against defendants Moinian, Newmark, and Whitestar Consulting & Contracting, Inc. It was determined that the ramp, spanning a significant height differential and lacking safety devices, fell under the purview of Labor Law § 240 (1). Consequently, the defendants' motions to dismiss this claim were denied, and the plaintiffs were awarded summary judgment as to liability. Claims under Labor Law § 200 and common-law negligence were deemed academic in light of this ruling.

Construction accidentLabor Lawunguarded rampfall from heightsummary judgmentAppellate Divisionpersonal injurypremises liabilityelevation differentialsafety devices
References
8
Case No. 533423
Regular Panel Decision
Mar 10, 2022

Matter of Cala v. PAL Envtl. Safety Corp.

Claimant Ryszard Cala, an asbestos handler, filed an occupational disease claim for binaural hearing loss due to workplace noise exposure. A Workers' Compensation Law Judge (WCLJ) established the claim and found a 25.32% schedule loss of use (SLU) based on the carrier's consultant's report, which the Workers' Compensation Board affirmed. On appeal, the Court reversed, finding that the Board failed to provide a rational explanation for crediting the carrier's consultant's findings, which lacked a submitted audiogram. This omission departed from the Board's own precedent requiring such documentation. The matter was remitted to the Board for further proceedings consistent with the Court's decision.

Workers' CompensationOccupational DiseaseBinaural Hearing LossSchedule Loss of UseMedical Report AdmissibilityIndependent Medical Examination (IME)AudiogramAdministrative PrecedentAppellate DivisionBoard Decision Reversal
References
9
Case No. MISSING
Regular Panel Decision
May 01, 2014

Marquez v. L & M Development Partners, Inc.

The plaintiff, an injured laborer, filed a personal injury lawsuit following a fall at a construction site, alleging Labor Law violations and common-law negligence against multiple parties, including Pro Safety Services, LLC (PSS), a safety consultant. PSS sought summary judgment to dismiss claims against it and for judgment on its own cross-claims. The Supreme Court initially denied PSS's motion. On appeal, the order was modified. The appellate court granted PSS summary judgment, dismissing the plaintiff's Labor Law and common-law negligence causes of action against PSS, and also dismissed various contribution and common-law indemnification claims against PSS, finding PSS lacked supervisory control. However, the denials of PSS's motion concerning contractual indemnification and failure to procure additional insured status were affirmed due to PSS's failure to meet its prima facie burden. The order was affirmed as modified on appeal.

Personal InjuryConstruction Site AccidentLabor Law ViolationsCommon Law NegligenceSummary JudgmentContributionIndemnificationSafety ConsultingAppellate ReviewContractual Obligations
References
45
Case No. MISSING
Regular Panel Decision
Jan 05, 2006

Toussaint v. Angello

The petitioners sought a determination that the respondent, Commissioner of Labor, violated Labor Law § 27-a (4) (b) by not adopting a safety standard recommended by the New York State Occupational Safety and Health Hazard Abatement Board. The Supreme Court denied this petition, and that decision was subsequently affirmed. The appellate court clarified that the statute does not compel the Commissioner to automatically promulgate all Board recommendations. Instead, it mandates consultation and a showing of necessity for any new standard. The Commissioner's decision to return the proposal for further review was therefore deemed a lawful exercise of authority, not arbitrary or capricious.

Labor LawSafety StandardsOccupational SafetyHazard Abatement BoardCommissioner of LaborStatutory InterpretationPromulgation of RegulationsJudicial ReviewAdministrative LawMinisterial Duty
References
2
Case No. MISSING
Regular Panel Decision

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident
References
10
Case No. MISSING
Regular Panel Decision
Nov 18, 2004

Claim of Shanbaum v. Alliance Consulting Group

The claimant, a software solution architect for Alliance Consulting Group, sustained an injury on September 11, 2001, while evacuating her apartment located across from her employer's World Trade Center office after the terrorist attacks. Her employer provided and paid for the apartment, which also served as a remote workspace equipped with a company laptop for accessing the main server. On the morning of the incident, the claimant had logged onto her computer, checked work emails, and begun preparing for a meeting. The Workers’ Compensation Board determined that the apartment functioned as an extension of the employer’s office and that the injury arose within the scope of her employment. This decision was subsequently affirmed on appeal.

Workers' CompensationScope of EmploymentAccidental InjuryTelecommutingHome OfficeWorld Trade Center AttacksSeptember 11Employer LiabilityArising Out Of EmploymentCourse Of Employment
References
2
Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. 657577/19
Regular Panel Decision
Sep 11, 2025

McMillian v. Out-Look Safety LLC

This case involves an appeal concerning an order from the Supreme Court, New York County, which granted class certification to plaintiffs Craig McMillian, Eian McMillian, and Victor Ballast. The plaintiffs, identified as non-union construction "flaggers," asserted that they were unlawfully paid below the prevailing wage for public works projects in New York City, having been misclassified as "crossing guards" or "traffic control." The lawsuit targeted Out-Look Safety LLC, Restani Construction Corp., Triumph Construction Corp., Elecnor Hawkeye, LLC, and Safeway Construction Enterprises, LLC. The Appellate Division, First Department, affirmed the Supreme Court's decision, determining that the plaintiffs had adequately demonstrated the prerequisites for class certification under CPLR 901(a), including numerosity, commonality, typicality, and superiority. Additionally, the Appellate Division concurred that the Supreme Court's modified class definition successfully circumvented the creation of an impermissible "fail-safe" class.

Class certificationPrevailing wage disputeConstruction flaggersMisclassificationCPLR 901(a) factorsNumerosityCommonalityTypicalitySuperiorityFail safe class
References
15
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