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

Case No. 2023 NY Slip Op 03881
Regular Panel Decision
Jul 19, 2023

TJG Realty of Rockland, LLC v. Con Serv Constr., Inc.

This case involves two related actions for property damage after a fire at a commercial building. Plaintiffs TJG Realty of Rockland, LLC, Excelsior Estate Homes, LLC, Timothy Gulla, and E. Daskal Corp. sued Con Serv Construction, Inc., alleging negligence in installing a waste oil heater and storing flammable materials. A jury trial found in favor of Con Serv, determining the fire did not originate in the heater. The Supreme Court granted a directed verdict on one negligence theory but denied another. The Appellate Division affirmed the clerk's judgment, concluding the jury's verdict was a fair interpretation of the evidence and any error in the directed verdict was harmless due to the jury's finding on the fire's origin.

Property DamageFireNegligenceJury VerdictExpert TestimonyCausationWaste Oil HeaterFlammable MaterialsAppellate ReviewWeight of Evidence
References
10
Case No. 01-17-00316-CV
Regular Panel Decision
Jul 14, 2022

Wes Gilbreath, Jr., Stacey Gilbreath Powell, Elliot Gilbreath, and Mark Ritter SignAd, Ltd., SignAd GP, LLC, Ben Nevis West, Ltd., Culcreuch West, LLC, Big Signs & Leasing 1, Ltd., Big Signs & Leasing 2, Ltd., Big Signs & Leasing 3, Ltd. El Al v. Lisa R. Gilbreath Horan, Individually and as Trustee of the Lisa Gilbreath Horan 2001 Irrevocable Trust

This appellate opinion addresses a dispute within the Gilbreath family business, involving appeals from a trial court's amended final judgment on various claims. The case originated from conflicts after the patriarch's death, leading to allegations of financial mismanagement and an involuntary commitment proceeding against Lisa R. Gilbreath Horan. Appellants challenged judgments on malicious prosecution, defamation, and breach of fiduciary duty. The appellate court partly affirmed, reversed, and remanded the judgment, notably finding that Lisa lacked standing for certain derivative claims, reversing the jury's finding of oppression, and modifying injunctive relief. The case also involves remands for reconsideration of attorney's fees and the issue of judicial expulsion.

Malicious ProsecutionDefamationBreach of Fiduciary DutyBusiness DisputesLimited PartnershipsLimited Liability CompaniesCorporate GovernanceShareholder RightsInvoluntary CommitmentAttorney's Fees
References
138
Case No. 2014 NYSlipOp 06768 [121 AD3d 441]
Regular Panel Decision
Oct 07, 2014

Williams v. Air Serv Corp.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted class certification to plaintiffs in a wage dispute against Air Serv Corporation. The plaintiffs, including Brenda Williams, alleged underpayment due to a policy originating from an Air Serv supervisor at John F. Kennedy International Airport. The court found that the plaintiffs met the prerequisites for class action certification under CPLR 901 and 902, demonstrating common issues of law and fact, typicality, and adequate representation. It also determined that a class action was superior to individual administrative proceedings due to litigation costs and modest individual damages, upholding the lower court's decision.

class action certificationwage disputeCPLR 901CPLR 902appellate reviewemployment lawclass representationcommonalitytypicalitysuperiority of class action
References
6
Case No. 03-11-00072-CV
Regular Panel Decision
Aug 06, 2014

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

This case is an administrative appeal concerning a final order from the Public Utility Commission (PUC) that increased rates for Oncor Electric Delivery Company, LLC. The Texas Court of Appeals, Third District, at Austin, reviewed the district court's judgment on various regulatory and financial issues. The appellate court affirmed the district court's judgment on eight of twelve issues but reversed and remanded four issues back to the Commission for further proceedings. These reversed issues included the university discount, municipal franchise-fee expenses, the calculation of 'lead days' for the franchise-tax component of cash working capital, and the federal income-tax expense. The court's decision hinged on statutory interpretation and the application of regulatory standards in the context of utility ratemaking.

Electric Utility RegulationRate IncreaseAdministrative LawAppellate ReviewTexas Public Utility CommissionOncor Electric Delivery CompanyState Universities DiscountFranchise TaxFederal Income Tax ExpenseAutomated Metering Systems
References
110
Case No. 2022 NY Slip Op 01453
Regular Panel Decision
Mar 09, 2022

Matter of County of Nassau v. Civil Serv. Empls. Assn., Civ. Serv. Empls. Assn., AFSCME, Local 1000, AFL-CIO

The County of Nassau appealed an order denying its petition to permanently stay arbitration and granting the respondents' motion to compel arbitration. The dispute arose when the Civil Service Employees Association (CSEA), on behalf of Joseph W. Grzymalski, a seasonal worker, filed a grievance claiming he was entitled to full-time benefits due to working 40 hours per week. The Appellate Division, Second Department, reversed the Supreme Court's order, ruling that the reclassification of a civil service position, like Grzymalski's, can only be accomplished by the municipal civil service commission as per Civil Service Law § 22, thus rendering the grievance nonarbitrable. Consequently, the Appellate Division granted the County of Nassau's petition to permanently stay arbitration and denied the respondents' motion to compel arbitration.

ArbitrationPublic Sector EmploymentCivil Service LawGrievanceReclassificationSeasonal WorkerFull-Time BenefitsCollective Bargaining AgreementAppellate ReviewJudicial Review
References
6
Case No. MISSING
Regular Panel Decision
Aug 17, 1998

Friscia v. New Plan Realty Trust

Ramapo Sign Co. appealed an order from the Supreme Court, Rockland County. The original order granted the plaintiffs' motion for summary judgment on liability under Labor Law §§ 240(1) and 241(6) and granted cross-motions for common-law indemnification against Ramapo. The appellate court modified the order by denying the plaintiffs' summary judgment motion, citing a factual question about the injured plaintiff's work. It also modified the indemnification grants to be conditional upon the plaintiffs' success in the main action, while otherwise affirming the lower court's decision regarding indemnification. The appellate court found no evidence that United Retail or Delaware Valley Sign Corp. exercised control over the injured plaintiff's work.

Personal InjuryLabor LawSummary JudgmentCommon-law IndemnificationAppellate ReviewConstruction SafetyElevated Work SitesFactual QuestionVicarious LiabilitySubcontractor
References
9
Case No. MISSING
Regular Panel Decision
Apr 05, 1990

Service Sign Erectors Co. v. Allied Outdoor Advertising, Inc.

Plaintiff Service Sign, a subcontractor, initiated an action for damages in breach of contract or quantum meruit against Allied, the defendant and third-party plaintiff, after a billboard Allied had contracted to build for the Authority collapsed due to insufficient support. Allied subsequently filed a third-party action against the Authority, seeking indemnification. The Supreme Court initially granted dismissal of the first cause of action in the third-party complaint but denied dismissal for the second and third causes of action. On appeal, the higher court modified this decision, ruling that implied indemnification was not available to Allied. The court found that the existing contract between Allied and the Authority explicitly provided for one-way indemnification from Allied to the Authority, thereby precluding any reciprocal implied obligation. Consequently, the appellate court granted the dismissal of all three causes of action in Allied's third-party complaint against the Authority, affirming the modification without costs.

IndemnificationImplied IndemnificationExpress ContractSummary JudgmentThird-Party ComplaintBreach of ContractQuantum MeruitSubcontractorAppellate ReviewContract Interpretation
References
7
Case No. MISSING
Regular Panel Decision

Cabrera v. A-To-Z Signs

Derek Cabrera was injured on September 18, 2012, while walking underneath a covered walkway at SUNY Purchase when a sign fell and struck him. He sued A-To-Z Signs, Inc., the installer, for negligence, alleging improper installation and use of an inadequate anchoring system. Due to sovereign immunity, Cabrera also filed a separate action against the State of New York (SUNY Purchase) in the Court of Claims. A-To-Z Signs, Inc. sought to have the jury apportion liability for Cabrera's injuries between itself and the State, citing CPLR 1601. Cabrera moved in limine to prevent this, arguing prejudice from the 'empty chair defense' as the State could not be joined in the Supreme Court action. The court, lacking Second Department precedent, followed the Third Department's reasoning in Artibee v Home Place Corp. The court ruled that A-To-Z Signs, Inc. could introduce evidence of the State's liability, and the jury would be charged on apportionment, with the State appearing on the verdict sheet, thereby denying Cabrera's motion in limine.

negligenceapportionment of liabilityCPLR 1601empty chair defensesovereign immunityState of New YorkCourt of Claimspersonal injurymotion in liminejoint tortfeasors
References
7
Case No. 06-18-00040-CV
Regular Panel Decision
Jul 22, 2019

Charles Duncan McMillan D/B/A Anthony Sign Company v. Kelly Shane Hearne

Kelly Shane Hearne filed a personal injury suit against his employer, Charles Duncan McMillan d/b/a Anthony Sign Company, alleging negligence after he fell from a ladder. McMillan, a nonsubscriber to the workers’ compensation system, appealed the jury's finding of liability and the awarded damages, disputing the sufficiency of evidence and the offset amount. Hearne cross-appealed concerning the damages offset. The appellate court affirmed the finding of negligence and ruled that McMillan's employee benefit plan payments were not subject to the collateral source rule, thus allowing an offset. However, the court modified the trial court's judgment to reflect a corrected offset amount, increasing Hearne's past damages award.

Personal InjuryEmployer NegligenceNonsubscriber EmployerWorkers Compensation ExemptionLadder FallProximate CauseForeseeabilityDamages OffsetCollateral Source RuleEmployee Benefit Plan
References
55
Case No. 2022 NY Slip Op 06161
Regular Panel Decision
Nov 03, 2022

Cotroneo v. Van Wagner Sign Erectors, LLC

Plaintiff Cosmo Cotroneo appealed an order granting defendants' motions for summary judgment dismissing a Labor Law § 240 (1) claim and denying plaintiff's motion for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims. The Appellate Division affirmed the dismissal of the Labor Law § 240 (1) claim, determining that the falling gang box lid was a routine workplace risk and not a material requiring hoisting or securing under the statute. However, the court modified the order to grant plaintiff's motion for summary judgment on the Labor Law § 241 (6) claim, finding that missing struts on the gang box constituted a liability as they were safety devices. The defendants' arguments regarding plaintiff's comparative negligence for damaging the struts were found to be speculative. Additionally, the court confirmed that the Van Wagner/Outfront defendants were proper Labor Law defendants, acting as general contractors and agents of the owner.

Construction AccidentLabor LawSummary JudgmentAppellate DivisionGravity-Related RiskGang BoxSafety DevicesComparative NegligenceOwner's AgentGeneral Contractor
References
11
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