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

Case No. 2025 NY Slip Op 00411 [234 AD3d 623]
Regular Panel Decision
Jan 28, 2025

Rodriguez v. Riverside Ctr. Site 5 Owner LLC

Richard Rodriguez, a delivery truck driver, sustained injuries after falling into a hole at a construction site. The Supreme Court initially granted summary judgment to defendants Riverside Center Site 5 Owner LLC, Tishman Construction Corporation, and Five Star Electric Corp., dismissing Rodriguez's Labor Law claims. Upon appeal, the Appellate Division, First Department, modified the lower court's decision. The court reinstated Rodriguez's Labor Law § 240 (1) claim, granting him partial summary judgment on liability, reasoning that his tile delivery work was "necessary and incidental" to a protected activity under the statute. However, the dismissal of the Labor Law § 200 claim against Five Star Electric Corp. was affirmed, as Five Star, an electrical contractor, was deemed not a proper Labor Law defendant with supervisory control over the injury site.

Labor LawConstruction AccidentSummary JudgmentAppellate ReviewStatutory InterpretationPersonal InjuryDuty of CareWorker SafetyProtected ActivityThird-Party Action
References
9
Case No. MISSING
Regular Panel Decision
Jan 28, 2005

Collins v. Glenwood Management Corp.

Plaintiff Lance Collins, injured at a Manhattan construction site, initiated an action in Bronx County based on claimed residency. Defendants moved to change venue to Orange County, presenting evidence like DMV records and an affidavit from a Bronx building owner suggesting Collins resided in Orange County. Plaintiffs opposed, offering tax returns and affidavits asserting Bronx residency, and arguing the defendants' motion was untimely. The IAS court initially denied the venue change, deeming it untimely. However, the appellate court reversed, finding the defendants' motion timely given the conflicting evidence on Collins' residency, and remanded the case for a hearing to resolve these factual disputes.

VenueChange of VenueResidency DisputeAppellate DivisionBronx CountyOrange CountyCivil ProcedureCPLRCredibilityFactual Issues
References
3
Case No. MISSING
Regular Panel Decision

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident
References
10
Case No. 2025 NYSlipOp 06668
Regular Panel Decision
Dec 02, 2025

Rivera v. Site 2 DSA Owner, LLC

Plaintiff was injured while lifting a heavy gang box into a truck. The Supreme Court denied plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim and granted defendants' motion to dismiss the complaint. The Appellate Division modified this decision, denying summary judgment to defendants on the Labor Law § 240(1) claim and reinstating it. Furthermore, the Appellate Division granted summary judgment on liability to the plaintiff for his Labor Law § 240(1) claim against specific defendants (Site 2 DSA Owner, LLC, Delancey Street Associates, LLC, and T.G. Nickel & Associates, LLC), while otherwise affirming the lower court's order. The court also noted a contradiction in pleadings regarding ownership by one of the defendants, Delancey Street Associates, LLC.

Labor LawSafe Place to WorkSummary JudgmentPremises LiabilityAppellate DivisionGang Box InjuryConstruction AccidentPleading ContradictionOwner LiabilityWorkplace Safety
References
2
Case No. 2025 NY Slip Op 03353 [239 AD3d 688]
Regular Panel Decision
Jun 04, 2025

Vindell v. Site 2 DSA Owner, LLC

The plaintiff, Deylis Vindell, an employee, was injured at a construction site while removing wood in a muddy, water-filled excavation, causing him to fall. He sued the owners, construction manager, and a subcontractor, alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6). The Supreme Court partially granted the defendants' motion for summary judgment, dismissing the common-law negligence and Labor Law § 200 claims, and a portion of the Labor Law § 241 (6) claim. On appeal, the Appellate Division modified the decision. It reinstated the common-law negligence and Labor Law § 200 claims, citing conflicting evidence regarding the water's source and whether the plaintiff was hired to remedy that specific defect. However, the court affirmed the dismissal of the Labor Law § 241 (6) claim based on 12 NYCRR 23-1.7 (d), finding it inapplicable as the plaintiff did not slip or trip and was not using a surface covered by the code.

Labor Law § 200Common-Law NegligenceSafe Place to WorkSummary JudgmentConstruction Site AccidentMuddy ConditionsExcavation WorkIndustrial Code Violation12 NYCRR 23-1.7 (d)Appellate Review
References
16
Case No. 2019 NY Slip Op 05730
Regular Panel Decision
Jul 18, 2019

Matter of Accadia Site Contr., Inc. v. Erie County Med. Ctr. Corp.

Petitioner, Accadia Site Contracting, Inc., initiated a CPLR article 78 proceeding against respondent Erie County Medical Center Corporation. The dispute arose after respondent disqualified petitioner's bid for a parking lot expansion project, citing failure to meet utilization requirements for minority, women, and service-disabled veteran-owned business enterprises under Executive Law § 313. Petitioner's subsequent request for an administrative hearing was dismissed by respondent. Petitioner sought to annul this determination and compel a hearing in the Appellate Division. The Court dismissed the petition due to lack of original subject matter jurisdiction, clarifying that Executive Law § 313 (5) (c) only grants jurisdiction to review a final administrative determination made *after* a hearing, not to compel a hearing.

Bid disqualificationAdministrative hearingSubject matter jurisdictionAppellate DivisionExecutive LawCPLR Article 78Public benefit corporationUtilization planNonresponsive bidMinority business enterprises
References
13
Case No. ADJ4019843
Regular
Oct 24, 2009

HENRYCE WOODARD vs. HIGHLANDER CHILDREN'S SERVICES, ACE AMERICAN

This case involves a dispute over the proper venue for a workers' compensation claim. The applicant initially filed in Los Angeles, where her attorney is located, but the defendant objected, arguing venue should be in Riverside where the injury occurred and the applicant resided. The Appeals Board granted the applicant's removal petition, rescinded the prior order changing venue to San Diego, and instead ordered venue transferred to Riverside.

RemovalVenueWorkers' Compensation Appeals BoardLabor Code § 5501.5Labor Code § 5501.6WCAB Rule 10410Industrial InjuryApplication for Adjudication of ClaimChange of VenueRiverside County
References
1
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. ADJ6960749
Regular
Jun 07, 2010

AMALIA AGUILAR vs. PETALUMA VALLEY HOSPITAL, ST, JOSEPH HEALTH SYSTEM, THE HARTFORD, SEDGWICK CMS

This case involves a dispute over venue. The defendant timely objected to the applicant's initial filing venue, which was the attorney's principal place of business. The law mandates that if venue is based on the attorney's location and an objection is raised, venue must then be established in the county of the employee's residence or the injury site. Since the applicant resides in and was injured in Sonoma County, the Appeals Board granted the defendant's petition for removal. The Board rescinded a prior order that had set aside a change of venue and formally transferred the case to the Santa Rosa district office.

EAMSPetition for RemovalOrder Setting Aside Order of Change of VenueWCJPWCJDeclaration of Readiness to ProceedObjection to VenueLabor Code Section 5501.5WCAB Rule 10410Timeliness of Objection
References
4
Case No. MISSING
Regular Panel Decision

Vallecillo v. New York City Department of Corrections

Claimant's counsel, Gerarda M. Rella, appealed a Workers' Compensation Board decision that imposed two $500 penalties. The initial penalty stemmed from a venue request filed without reasonable grounds, seeking a hearing in White Plains despite the claimant residing in Brooklyn and working in Queens, for attorney convenience. The Board affirmed the Workers' Compensation Law Judge's denial of the venue change and the initial penalty. An additional $500 penalty was assessed for a frivolous appeal to the Board. The Appellate Division affirmed the Board's decision, concluding that Rella's venue request lacked justification and that the Board appropriately exercised its discretion in imposing both penalties, especially given Rella's prior awareness of venue rules in similar matters.

Workers' Compensation LawAttorney MisconductFrivolous AppealVenue RequestMonetary PenaltyAppellate ReviewJudicial DiscretionProcedural MotionNew York LawAdministrative Law
References
8
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