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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
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. 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
Case No. MISSING
Regular Panel Decision

Emspak v. Conroy

The defendants moved for a further bill of particulars regarding item 30 and requested the entire bill be verified by a union officer. The plaintiff's attorney acknowledged the omission for item 30 was an oversight and agreed to provide it. He argued his self-verification was proper under subdivision 3 of rule 99 of the Rules of Civil Practice, citing the plaintiff's absence from the county, and claimed defendants waived objection by not returning the bill within 24 hours. The court clarified that Rules 10 and 11 do not apply to verification. While an attorney can verify a bill of particulars under rule 117, the court ruled that merely stating the party is out of county is insufficient; the attorney must also detail the basis of their knowledge, especially given a prior order requiring an oath for inability to furnish particulars. The motion for a further bill was granted.

Bill of particularsVerificationAttorney verificationRules of Civil PracticeWaiverMotionCourt procedurePleadingSufficiency of verification
References
3
Case No. 2024 NY Slip Op 04848 [231 AD3d 1213]
Regular Panel Decision
Oct 03, 2024

Matter of DiPippo v. Accurate Signs & Awnings

Michael DiPippo sustained work-related injuries in an August 2006 fall, leading to an established claim later amended to include consequential right leg deep vein thrombosis and obesity. He underwent amputations of both legs in 2014 and 2018. DiPippo sought to amend his claim to include the consequential amputation of his right leg, arguing it was caused by conditions linked to his initial injury. The Workers' Compensation Board disallowed the amendment, finding insufficient medical proof of a causal connection. The Appellate Division affirmed the Board's decision, ruling that DiPippo did not qualify as a medical expert and his independent analysis or generalized statements of possibility were inadequate to establish the required causal nexus.

Workers' CompensationAmputationCausal NexusMedical EvidenceExpert TestimonyBoard DecisionAppellate ReviewSubstantial EvidenceWork-Related InjuryClaimant Burden of Proof
References
12
Case No. MISSING
Regular Panel Decision

Claim of Finley v. Higger Sign Co.

Claimant's husband, a neon sign worker, fell from a ladder in May 1951, sustaining traumatic myositis. He was later diagnosed with adenocarcinoma of the rectum and died in August 1951. Medical opinions were divided on whether the fall aggravated the carcinoma. The Workmen’s Compensation Board found no adverse effect from the fall. The court affirmed the board's decision, holding that the factual finding was supported by substantial evidence.

Workers' CompensationNeon Sign WorkerTraumatic MyositisAdenocarcinomaCausationSubstantial EvidenceMedical OpinionAppealDeath ClaimBoard Decision Affirmed
References
0
Case No. MISSING
Regular Panel Decision

Claim of Dipippo v. Accurate Signs & Awnings

The claimant, a sign hanger, was injured in a work-related accident, sustaining injuries to multiple body parts. Subsequently, he developed a deep venous thrombosis, which he sought to add as a consequential injury to his claim. A Workers’ Compensation Law Judge and the Workers’ Compensation Board both denied his application, finding no causal relationship between the thrombosis and his work-related injuries. Claimant's subsequent application for full Board review was also denied. The appeal court's review was limited to determining if the Board's denial of full Board review was arbitrary and capricious, concluding that the claimant did not present new evidence or a material change in condition. Therefore, the Board’s decision was affirmed.

Workers' CompensationAppealDeep Venous ThrombosisCausal RelationMedical InjuryBoard ReviewDenialAffirmedWork-related AccidentInjury Claim
References
7
Case No. ADJ8490445
Regular
Sep 18, 2015

MARIO GAMA vs. ALIREZA OLAMAI, An Individual, DBA SIGN EXPRESS, UNINSURED

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's finding, and substituted its own determination that the applicant was an employee, not an independent contractor. The Board found that the defendant retained the right to control the manner and means of the applicant's work. The applicant worked at the defendant's shop, used the defendant's tools and equipment, and followed specific instructions for sign creation, indicating an employer-employee relationship.

Independent ContractorEmployeeRight to ControlBorelloEstradaLabor Code § 3357Labor Code § 3353WCJPetition for ReconsiderationUEBTF
References
11
Case No. ADJ9082146
Regular
Nov 24, 2015

ARNOLDO CHAVARRIA vs. SUNWEST METALS, INC., STAR INSURANCE COMPANY

This case involves a dismissed petition for reconsideration of a $30,000 compromise and release agreement. The applicant sought to withdraw his agreement after the order approving the settlement. The petition was dismissed due to a lack of proper verification, as the applicant's signature line was typed and not personally signed. Furthermore, the petition was considered "skeletal" for failing to specify supporting evidence or legal principles.

Petition for ReconsiderationCompromise and ReleaseVerificationUnverified PetitionSkeletal PetitionJudicial NoticeDismissalLabor Code Section 5902Workers' Compensation Appeals BoardAdministrative Law Judge
References
2
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