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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 01392 [214 AD3d 1332]
Regular Panel Decision
Mar 17, 2023

Matter of Niagara Falls Captains & Lieutenants Assn. (City of Niagara Falls)

The Niagara Falls Captains and Lieutenants Association, as petitioner, appealed an order from the Supreme Court, Niagara County, which denied their petition to vacate an arbitration award. The arbitration award had previously denied the association's grievances against the City of Niagara Falls. The petitioner contended that the award should be vacated because it failed to meet the standards of finality and definiteness required by CPLR 7511 (b) (1) (iii). The Appellate Division, Fourth Department, affirmed the lower court's order, emphasizing the extremely limited judicial review of arbitration awards. The court found that the award sufficiently defined the parties' rights and obligations regarding the alleged violation of their collective bargaining agreement or past practice concerning the filling of six vacancies by the City. Ultimately, the court concluded that the award was definite and final, resolving the submitted controversy without creating new ambiguities.

Arbitration AwardVacate AwardFinalityDefinitenessCPLR 7511Collective Bargaining AgreementGrievancesJudicial ReviewAppellate DivisionPublic Sector Employment
References
9
Case No. 2016 NY Slip Op 06673 [143 AD3d 749]
Regular Panel Decision
Oct 12, 2016

Beeker v. Islip U-Slip, LLC

The plaintiff, Jeffrey Beeker, allegedly sustained personal injuries from a fall on an exterior staircase at a commercial warehouse owned by Islip U-Slip, LLC. At the time, the plaintiff was employed by nonparty Raymours Furniture Company, Inc., and Raymour & Flanigan Properties, LLC, was under contract to purchase the warehouse. The defendants moved for summary judgment, arguing Islip U-Slip was an out-of-possession landlord and RFP was either a joint venture with or alter ego of the plaintiff's employer, thereby invoking Workers' Compensation exclusivity. The Supreme Court denied the defendants' motion. The Appellate Division affirmed the denial, finding the defendants failed to establish prima facie either the joint venture/alter ego relationship or that Islip U-Slip lacked a contractual duty to maintain the staircase.

Personal InjurySummary JudgmentWorkers' Compensation ExclusivityOut-of-Possession LandlordPremises LiabilityAppellate ReviewDuty to MaintainAlter EgoJoint VentureStaircase Fall
References
11
Case No. 2018 NY Slip Op 04452
Regular Panel Decision
Jun 15, 2018

Martin v. Niagara Falls Bridge Commn.

Plaintiff Eldred Jay Martin, an appellant, sustained injuries from a 25-30 foot fall while dismantling bridge scaffolding. He sued under Labor Law §§ 240 (1) and 241 (6). The Supreme Court initially granted summary judgment to the defendants, Niagara Falls Bridge Commission and Liberty Maintenance, Inc., dismissing the complaint. On appeal, the Appellate Division, Fourth Department, modified this decision, reinstating the Labor Law § 240 (1) claim due to triable issues of fact concerning the adequacy of safety devices provided. The court affirmed the dismissal of the Labor Law § 241 (6) claim. A dissenting opinion argued that the plaintiff's own actions were the sole proximate cause of his injuries, as he allegedly failed to use available safety equipment.

Scaffolding accidentLabor Law § 240(1)Summary JudgmentAppellate ReviewConstruction SafetyFall ProtectionWorkplace InjuryProximate CauseSafety DevicesEmployer Liability
References
15
Case No. MISSING
Regular Panel Decision
Dec 10, 2002

Perez v. Metropolitan Museum of Art

In an action by a cafeteria worker for personal injuries sustained in a slip and fall on a museum's premises, the Supreme Court denied the museum's motion for summary judgment. The agreement between the plaintiff's employer and the museum did not create a landlord-tenant relationship and gave the museum significant control over the cafeteria's operation, thus maintaining the museum's common-law duty to keep its premises safe. An expert architect's opinion, based on observations of rust and water damage, suggested the puddle causing the fall resulted from a leak in the beverage machine's water supply lines. The court affirmed the denial of summary judgment, concluding that factual questions regarding the creation or discoverability of the condition remained for trial.

Slip and FallPremises LiabilitySummary JudgmentProperty Owner DutyCommon Law DutyExpert TestimonyQuestions of FactPersonal InjuryAppellate DecisionNegligence
References
2
Case No. 2022 NY Slip Op 00917 [202 AD3d 1232]
Regular Panel Decision
Feb 10, 2022

Matter of Eastman v. Glens Falls Hosp.

The case involves Stacy Eastman, who was injured at work and awarded workers' compensation benefits, including a 10% schedule loss of use of her right leg. The employer, Glens Falls Hospital, and its carrier applied for reconsideration and/or full Board review, arguing that the Board improperly failed to consider apportionment of the SLU award with a prior injury. The Workers' Compensation Board denied this application. The Appellate Division, Third Department, affirmed the Board's denial, finding that the Board's decision was neither arbitrary and capricious nor an abuse of discretion, as the employer failed to demonstrate newly discovered evidence, a material change in condition, or that the Board improperly failed to consider the issues.

Workers' CompensationSchedule Loss of UseApportionmentReconsiderationFull Board ReviewAppellate ReviewAbuse of DiscretionArbitrary and CapriciousPrior InjuryMedical Evidence
References
5
Case No. 2018 NY Slip Op 07811 [166 AD3d 1263]
Regular Panel Decision
Nov 15, 2018

Matter of Murray v. South Glens Falls Sch. Dist.

The case "Matter of Murray v South Glens Falls Sch. Dist." involves an appeal to the Appellate Division, Third Department, concerning a Workers' Compensation Board decision. The core issue was whether claimant Bonnie J. Murray had been classified with a permanent partial disability following work-related injuries sustained in December 2007. WCLJ D. Jeffrey Romeo had issued decisions regarding the degree of disability and awards, with a subsequent amended decision from WCLJ Jonathan Frost finding no such classification had been made. The employer appealed, arguing for classification based on prior decisions or claimant's counsel's alleged concession. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant was never classified with a permanent partial disability.

Workers' Compensation BenefitsPermanent Partial DisabilityDisability ClassificationWage-Earning Capacity LossWorkers' Compensation Board AppealAppellate Division Third DepartmentRes Judicata DoctrineLaw of the Case DoctrineJudicial ReviewMaximum Medical Improvement
References
1
Case No. 2025 NY Slip Op 01020 [235 AD3d 1124]
Regular Panel Decision
Feb 20, 2025

Matter of Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Bd.

The case involves an appeal by Clean Air Action Network of Glens Falls, Inc. against the Town of Moreau Planning Board, Raymond Apy, and Saratoga Biochar Solutions, LLC. The appeal challenged a Supreme Court judgment that dismissed a CPLR article 78 proceeding, which sought to annul the Planning Board's negative declaration under the State Environmental Quality Review Act (SEQRA) and its approval of a site plan for a biosolids remediation and fertilizer processing facility. The Appellate Division, Third Department, reversed the lower court's decision, finding that the Planning Board failed to take a 'hard look' at the project's potential adverse impacts, particularly concerning hazardous air pollutant emissions. The court concluded that the Planning Board's unexplained deference to DEC permitting standards without a reasoned elaboration for its negative declaration was arbitrary and capricious, thus granting the petition and remitting the matter for further proceedings.

Environmental ImpactState Environmental Quality Review Act (SEQRA)Planning Board DeterminationHazardous Air PollutantsBiosolids RemediationSite Plan ApprovalNegative Declaration RescissionArbitrary and CapriciousAppellate DivisionJudicial Review
References
18
Case No. MISSING
Regular Panel Decision
Feb 08, 2005

Duffy v. Wal-Mart Stores, Inc.

Plaintiff sued Wal-Mart Stores, Inc. and Floor Management, Inc. for personal injuries from a slip and fall on a wet floor inside a Wal-Mart store. Floor Management, a subcontractor for floor cleaning, moved for summary judgment, arguing it had subcontracted its responsibilities to Crystal Clear Nationwide Management and was not actively involved. Wal-Mart cross-moved for contractual indemnification from Floor Management. The Supreme Court denied Floor Management’s motion and partially granted Wal-Mart’s cross-motion, requiring Floor Management to defend Wal-Mart. On cross appeals, the appellate court modified the order, granting Floor Management's motion for summary judgment, finding no liability to plaintiff. The court also granted Wal-Mart's motion for indemnification from Floor Management, applying Arkansas law as per a choice of law provision, and found Floor Management entitled to indemnification from Crystal Clear Nationwide Management.

Personal InjurySlip and FallSummary JudgmentContractual IndemnificationSubcontractor LiabilityIndependent ContractorChoice of LawArkansas LawNegligenceAppellate Review
References
13
Case No. 2021 NY Slip Op 04293 [196 AD3d 1041]
Regular Panel Decision
Jul 09, 2021

Cotter v. Lasco, Inc.

Plaintiff Emmet J. Cotter sued Lasco, Inc. and Leon Smith, III for injuries sustained during his employment, including a slip and fall and exposure to toxic fumes. The defendants appealed from an order denying their motion for summary judgment. The Appellate Division, Fourth Department, modified the order, granting summary judgment to dismiss claims against Leon Smith, III entirely, and dismissing claims against Lasco, Inc. related to toxic fume exposure due to being untimely. However, the court affirmed the denial of summary judgment regarding the slip and fall claim against Lasco, Inc., finding that defendants failed to meet their burden to prove Lasco was an out-of-possession landlord and that issues of fact remained regarding notice of the dangerous condition.

Summary JudgmentToxic ExposureSlip and FallWorkers' Compensation LawCorporate Veil PiercingStatute of LimitationsPremises LiabilityOut-of-Possession LandlordErie CountyAppellate Division Fourth Department
References
13
Case No. 2022 NY Slip Op 05123
Regular Panel Decision
Sep 01, 2022

Matter of Young v. DiNapoli

Petitioner Keith Young, a court officer, sought accidental and ordinary disability retirement benefits after sustaining injuries from a slip and fall at work. He alleged permanent incapacitation from job duties. The Comptroller denied his applications, ruling that his injuries were not the result of an 'accident' as defined by the Retirement and Social Security Law. Following a CPLR article 78 proceeding, the Appellate Division, Third Department, confirmed the Comptroller's determination. The court found substantial evidence to support the conclusion that Young's fall was a mere misstep, an inherent risk of his ordinary employment duties, rather than an unexpected event constituting an accident.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityCourt OfficerSlip and FallWorkplace InjuryEmployment DutiesMisstepSubstantial EvidenceComptroller's Determination
References
8
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