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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
Jan 03, 1997

Marte v. St. John's University

This case involves an appeal concerning an interlocutory judgment related to a personal injury action. The defendant third-party plaintiff appealed a jury verdict that favored the third-party defendant on liability. The appellate court examined the principles of indemnification and contribution under Labor Law § 240 (1) and Workers’ Compensation Law § 11, particularly when an owner is found partially at fault. It was determined that the trial court erred by not allowing the apportionment of fault between the third-party plaintiff and the third-party defendant. Consequently, the interlocutory judgment was reversed, and a new trial was granted solely on the issue of proper fault apportionment.

Personal InjuryThird-Party ActionLabor LawWorkers' Compensation LawApportionment of FaultIndemnificationContributionJury VerdictAppellate ReviewInterlocutory Judgment
References
8
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. 2016 NY Slip Op 04809 [140 AD3d 532]
Regular Panel Decision
Jun 16, 2016

Masi v. Cassone Trailer & Container Co.

The Appellate Division, First Department, affirmed an order from the Supreme Court, Bronx County, which denied motions for summary judgment by defendant Cassone Leasing Inc. and third-party defendant LKQ Hunts Point Auto Parts Corp. The case involved Anthony Masi's personal injury claims against various defendants, including Cassone Trailer & Container Co. and Cassone Leasing Inc. The court clarified that a prior settlement agreement under Workers' Compensation Law § 32, entered into by Masi and his employer LKQ, only settled workers' compensation claims and did not release personal injury claims against other defendants. Furthermore, a subsequent broad release agreement between Masi and LKQ released claims solely in favor of LKQ, not extending to other defendants in the personal injury suit. The court did not address whether the release barred third-party actions against LKQ, as that issue was not raised below.

Summary judgmentPersonal injury claimsWorkers' Compensation LawSettlement agreementRelease agreementThird-party actionsAppellate reviewDismissal motionScope of releaseEmployer liability
References
1
Case No. 2025 NY Slip Op 02184 [237 AD3d 891]
Regular Panel Decision
Apr 16, 2025

Cianciulli v. Urban Found./Engg., LLC

This case involves an appeal concerning personal injuries sustained by Joseph Cianciulli, a project executive, at a construction site in Brooklyn. Cianciulli was allegedly struck by an excavator bucket while inspecting a disputed work area. The original Supreme Court order granted summary judgment dismissing various Labor Law and common-law negligence claims against several defendants and third-party contractual indemnification claims. The Appellate Division, Second Department, modified the order, denying summary judgment to the defendants on the Labor Law §§ 200 and 241(6) causes of action against the Urban defendants, the Labor Law § 200 and common-law negligence causes of action against Bond GC, and the third-party contractual indemnification claims. The court found that triable issues of fact remained regarding the defendants' authority to supervise or control the injury-producing work and their potential negligence.

Labor Law § 200Labor Law § 241(6)Common-Law NegligenceContractual IndemnificationSummary JudgmentConstruction AccidentExcavation WorkSubcontractor LiabilityGeneral Contractor ResponsibilitySafe Place to Work
References
25
Case No. 2025 NY Slip Op 03149 [238 AD3d 619]
Regular Panel Decision
May 22, 2025

Sarante v. Courtlandt Dev., LLC

The Appellate Division, First Department, modified an order from Supreme Court, Bronx County, concerning a construction worker's injury. Plaintiff Jose Sarante was injured when a chain block pulley system, used to hoist a steel beam, collapsed. The court affirmed partial summary judgment for Sarante on his Labor Law § 240 (1) claim, finding the pulley system to be a failed safety device. It also affirmed the denial of summary judgment for defendants Courtlandt Development, LLC and AB Capstone Builders Corp. on their Labor Law claims and contractual indemnification claims against third-party defendant Gold Lion Steel, LLC, noting the right to indemnification had not vested. Gold Lion's motions for dismissal of third-party claims were denied due to lack of evidence regarding "grave injury" under Workers' Compensation Law § 11. Finally, the Labor Law § 241 (6) claim was dismissed as plaintiff decided not to pursue it.

Labor Law § 240(1)Falling ObjectSafety DeviceChain Block Pulley SystemContractual IndemnificationDuty to DefendDuty to IndemnifyBreach of ContractFailure to Procure InsuranceGrave Injury
References
8
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
Mar 07, 2011

De Oleo v. Charis Christian Ministries, Inc.

In this case, the plaintiff sought recovery for injuries sustained during construction work at a building owned by Charis, whose employer was St. Loren Construction Corp. Charis, the defendants/third-party plaintiffs, moved for a default judgment on their third-party claims for common-law and contractual indemnification and contribution against St. Loren, the third-party defendant. The Supreme Court denied the motion. On appeal, the court modified the lower court's order, granting the motion as to the claim for common-law indemnification, while otherwise affirming. The appellate court found Charis provided sufficient proof of St. Loren's negligence and their own lack of negligence. It was also noted that Charis did not need to disprove Workers’ Compensation Law § 11, as it must be pleaded as an affirmative defense.

common-law indemnificationcontractual indemnificationcontributiondefault judgmentconstruction injuryemployer negligenceaffirmative defenseappellate reviewmotion practice
References
7
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. 213 AD3d 601
Regular Panel Decision
Feb 23, 2023

Contreras v. Mall 1-Bay Plaza, LLC

This case involves an appeal concerning claims for contribution and indemnification against a third-party defendant, Electrical Illuminations by Arnold Inc., by Mall 1-Bay Plaza, LLC, the third-party plaintiff. The claims arose from an injury sustained by the plaintiff, Julio Contreras. The Supreme Court, Bronx County, granted the third-party defendant's motion to dismiss the third-party complaint. The Appellate Division, First Department, affirmed this decision, finding the claims barred by Workers' Compensation Law § 11. The court concluded that there was no allegation of a 'grave injury' and no written contract for indemnification or contribution was entered into prior to the accident with retroactive effect. Additionally, the claim for breach of contract for failure to procure insurance was also dismissed.

Workers' Compensation LawIndemnification AgreementContribution ClaimsGrave InjuryRetroactive ContractBreach of ContractFailure to Procure InsuranceMotion to DismissAppellate ReviewContract Interpretation
References
6
Case No. 2017 NY Slip Op 07909 [155 AD3d 1208]
Regular Panel Decision
Nov 09, 2017

NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.

Plaintiff, a self-insured trust, commenced a collection action against defendant, a former member, for unpaid assessments related to workers' compensation claims. Defendant counterclaimed and filed a third-party action against Cool Insuring Agency, the trust's administrators, alleging mismanagement. During discovery, a dispute arose over a report commissioned by defendant's counsel from a consultant, which Cool and plaintiff sought to compel. Defendant asserted attorney-client privilege, attorney work product, and material prepared in anticipation of litigation. The Supreme Court partially granted the motions to compel, a decision largely affirmed by the Appellate Division, Third Department, with a modification regarding a specific email exchange found to be protected attorney work product.

Discovery DisputeAttorney-Client PrivilegeAttorney Work ProductMaterial Prepared for LitigationSelf-Insurance TrustWorkers' Compensation BenefitsBreach of ContractUnjust EnrichmentThird-Party ActionClaims Administration
References
20
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