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

Case No. 2017 NY Slip Op 00959 [147 AD3d 815]
Regular Panel Decision
Feb 08, 2017

Gonsalves v. 35 W. 54 Realty Corp.

The plaintiffs, Andrew Gonsalves and Shahazad M. Rasheed, sustained personal injuries at a construction site managed by Geiger Construction Company, Inc. and owned by 35 W. 54 Realty Corp. when a parapet wall collapsed during the lowering of a power washer. They sued 35 W. 54 Realty Corp. and Perimeter Bridge & Scaffold Co. for Labor Law violations. 35 W. 54 Realty Corp. then initiated third-party actions against Geiger Construction for contribution and common-law indemnification. After a jury found Geiger Construction negligent, the Supreme Court denied Geiger Construction's motions for judgment as a matter of law. The Appellate Division, Second Department, reversed these judgments, concluding that there was no rational basis for the jury to find Geiger Construction negligent, as 35 W. 54 Realty Corp. failed to establish a prima facie case of negligence against them. Consequently, the third-party causes of action against Geiger Construction were dismissed.

Personal InjuryConstruction AccidentLabor LawNegligenceContributionIndemnificationThird-Party ActionAppellate ReviewJudgment as a Matter of LawJury Verdict
References
7
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. 2019 NY Slip Op 08510
Regular Panel Decision
Nov 21, 2019

Franklin v. T-Mobile USA, Inc.

The plaintiff, Mark Franklin, brought an action against T-Mobile USA, Inc. and Dyckman Realty Associates L.P. T-Mobile and Dyckman Realty then filed a third-party action against Energy Design Service Systems, LLC, seeking contractual indemnification. The Supreme Court, New York County, denied T-Mobile and Dyckman Realty's motion for summary judgment on their indemnification claim. The Appellate Division, First Department, affirmed this decision, finding that issues of fact regarding the negligence of the defendants/third-party plaintiffs precluded summary judgment.

Contractual IndemnificationSummary JudgmentNegligenceDangerous ConditionPremises LiabilityThird-Party ActionAppellate Division First DepartmentLabor LawDuty to Keep Premises SafeNotice of Hazard
References
5
Case No. 2025 NYSlipOp 07295
Regular Panel Decision
Dec 24, 2025

Morales v. 88th Ave. Owner, LLC

The plaintiff, Elihu Romero Morales, was injured at a construction site in Queens when struck in the eye by a spark from ironwork. He sued 88th Avenue Owner, LLC, and NY Developers & Managers, Inc., alleging violations of Labor Law §§ 240(1) and 241(6). The defendants then initiated a second third-party action against subcontractors Feinstein Iron Works, Inc., and Construction Realty Safety Group, Inc., for contribution and indemnification. The Supreme Court initially granted the plaintiff's motion for summary judgment on liability and dismissed the second third-party complaint with prejudice. The Appellate Division, Second Department, modified this order, denying the plaintiff's summary judgment motion, awarding summary judgment to the defendants on the Labor Law claims, and directing the dismissal of the second third-party complaint without prejudice due to a four-year delay in its commencement. The Court found Labor Law § 240(1) inapplicable as sparks are not objects requiring securing for elevation-related hazards, and 12 NYCRR 23-1.8(a) inapplicable as the plaintiff was not directly engaged in the eye-endangering operation.

Construction AccidentLabor LawSummary JudgmentElevation-Related HazardThird-Party ActionDismissal Without PrejudiceSparksEye InjurySubcontractor LiabilityOwner Liability
References
22
Case No. MISSING
Regular Panel Decision

Guijarro v. V.R.H. Construction Corp.

Ernesto Guijarro, an employee of Guaranteed Clean Air, Inc., sustained injuries from a 13-foot fall from a scaffold during a renovation project at John F. Kennedy International Airport. He and his wife subsequently filed a personal injury lawsuit against V.R.H. Construction Corp., Delta Airlines, Inc., and Port Authority of New York & New Jersey. In turn, these entities, collectively referred to as the respondents, initiated a third-party action against Guaranteed Clean Air, Inc. for contractual indemnification. Guaranteed moved for summary judgment to dismiss the third-party complaint, citing Workers' Compensation Law § 11, which bars such actions unless there is a 'grave injury' or a written indemnification contract executed prior to the accident. The Supreme Court denied this motion, but the appellate court reversed the decision. The appellate court ruled that because the indemnification contract was not entered into before the accident, as explicitly required by Workers' Compensation Law § 11, Guaranteed's motion for summary judgment should have been granted, and the third-party complaint was dismissed.

Personal InjuryThird-Party ActionSummary JudgmentIndemnification ContractWorkers' Compensation LawAsbestos AbatementConstruction AccidentScaffold FallGrave InjuryContractual Indemnity
References
5
Case No. 2025 NYSlipOp 01656 [236 AD3d 941]
Regular Panel Decision
Mar 19, 2025

Rahmonov v. Purves Dev., LLC

The plaintiff, Sherzod Rahmonov, sustained personal injuries while working at a construction site and subsequently sued the property owner and general contractors. The defendants then brought a third-party action against V & P Altitude Corp., the plaintiff's employer, seeking contractual indemnification and alleging breach of contract for failure to procure insurance. The Supreme Court initially granted V & P Altitude Corp.'s motion for summary judgment, dismissing these third-party claims. However, the Appellate Division reversed this decision on appeal. The court found that V & P Altitude Corp. failed to establish its prima facie entitlement to judgment as a matter of law regarding its contractual obligations for indemnification and insurance procurement.

Personal InjuryConstruction AccidentContractual IndemnificationFailure to Procure InsuranceSummary JudgmentAppellate ReviewThird-Party ActionSubcontractor LiabilityWorkers' Compensation Law ExceptionLabor Law Violations
References
12
Case No. 2018 NY Slip Op 06717
Regular Panel Decision
Oct 10, 2018

Fedrich v. Granite Bldg. 2, LLC

The Appellate Division, Second Department, reviewed an order from the Supreme Court, Nassau County, concerning a personal injury action. The injured plaintiff, a fire marshal, was hurt at a construction site owned by Granite Building 2, LLC, allegedly tripping on construction debris. The plaintiff sued Granite and Lalezarian Developers, Inc., alleging Labor Law § 241 (6) violations and common-law negligence. Granite and Lalezarian brought third-party actions against Kulka Contracting, LLC, and STAT Fire Sprinkler, Inc. STAT moved for summary judgment on several claims, which the Supreme Court denied. The Appellate Division modified the order by granting STAT's motion to dismiss the contractual and common-law indemnification claims against it by Granite and Kulka, finding Granite and Kulka could not prove freedom from negligence. However, the court denied STAT's motion to dismiss the contribution claims and the Labor Law § 241 (6) claim, citing issues of fact regarding STAT's role and the applicability of the Labor Law. The order was affirmed as modified.

Construction Site AccidentLabor Law § 241 (6)Contribution ClaimsIndemnificationSummary Judgment MotionAppellate ReviewFire Marshal InjurySprinkler System InstallationConstruction DebrisNegligence
References
23
Case No. 2022 NY Slip Op 02063
Regular Panel Decision
Mar 24, 2022

Hasenzahl v. 44th St. Dev. LLC

The Appellate Division, First Department, considered an appeal concerning a Supreme Court order that granted a motion to sever and stay a second third-party action, and denied a motion for summary judgment. The court found that the Supreme Court providently exercised its discretion in severing and staying the second third-party action, citing that joint tortfeasors are not necessary parties. It further noted that Gateway and Woodworks' subcontracts provided for joint and several liability, allowing for apportionment in a separate proceeding. However, the Appellate Division modified the order by granting Gateway's motion for summary judgment, dismissing the common-law indemnification and contribution claims against it. This dismissal was based on the Workers' Compensation Law § 11, as the plaintiff, Gateway's employer, did not sustain a grave injury.

Appellate PracticeThird-Party ActionsSeverance and StaySummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation LawGrave InjuryJoint and Several LiabilitySubcontractor Agreements
References
5
Case No. MISSING
Regular Panel Decision

Perez v. Creations Associates, L.P.

The Supreme Court's decision to reduce a jury award for past and future pain and suffering in a personal injury action was unanimously affirmed. The court found that the proposed reductions would provide reasonable compensation to the plaintiff. Additionally, an appeal by third-party defendant Appeal Locksmith, Inc. (ALI) to renew its motion to dismiss the third-party action, based on Workers' Compensation Law § 11, was dismissed because the original denial was unappealable. The Court further noted that the third-party action against ALI was not barred by Workers' Compensation Law § 11, clarifying the commencement date for the application of the amendment to the law based on precedent.

Personal InjuryJury Award DamagesPain and SufferingWorkers' Compensation Law § 11Third-Party ActionAppellate ProcedureMotion to Set Aside VerdictMotion to RenewCommencement DateStatutory Interpretation
References
6
Case No. 2017 NY Slip Op 00956
Regular Panel Decision
Feb 08, 2017

Cacanoski v. 35 Cedar Place Associates, LLC

The plaintiff, Krste Cacanoski, was injured after falling through a skylight during asbestos removal work for 35 Cedar Place Associates, LLC. He commenced an action against 35 Cedar Place Associates, LLC, alleging a violation of Labor Law § 240 (1) for failing to provide adequate safety devices. 35 Cedar Place Associates, LLC, subsequently initiated a third-party action against Cacanoski's employer, Superior Abatement, Inc., seeking contractual indemnification under a subcontract executed after the accident. The Supreme Court denied both the plaintiff's motion for summary judgment on the Labor Law claim and Superior Abatement, Inc.'s motion to dismiss the third-party complaint. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order with respect to the plaintiff's motion, granting summary judgment on the Labor Law § 240 (1) cause of action, finding that the absence of necessary protection was a proximate cause of the plaintiff's injuries. The court affirmed the denial of Superior Abatement, Inc.'s motion to dismiss the third-party complaint, concluding that a triable issue of fact existed regarding whether the parties intended the indemnification provision to apply retroactively.

Labor Law § 240(1)Personal InjurySummary JudgmentAsbestos RemovalFall from heightSky-lightContractual IndemnificationRetroactive AgreementWorkers' Compensation Law § 11Appellate Division
References
19
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