Important Recent Case Law for New York

Tuesday, December 17, 2013 | 0

NEW! Carrion v. City of New York, 2012-01010, (11/27/2013): A worker who fell off of a ladder that had been placed on top of a scaffold was entitled to summary judgment on the issue of liability for his Labor Law Section 240(1) claim, a New York appellate court ruled. 

NEW! Ortega v. Liberty Holdings, 2013-00049, (11/27/2013): A defendant who could establish that it was not the owner of the property where a worker's alleged accident occurred was not entitled to summary judgment as to the worker's Labor Law claims since there were still triable questions as to its control of the property and whether it was the general contractor on the construction project at the property, a New York appellate court ruled. 

NEW! Sobenis v. Harridge House Association of 1984, 2012-09453, (11/27/2013): The owner and manager of a building were not liable under Labor Law Section 240(1) to a worker who fell off a ladder while performing routine maintenance on the building's air conditioning system, a New York appellate court ruled. 

NEW! Matter of Dixon v. Almar Plumbing, 516657, (11/27/2013): A New York appellate court upheld the denial of benefits to a plumber who claimed he hurt his back on the last day he worked before being laid off. 

NEW! Jackson v. Heitman Funds, 516248, (11/27/2013): A New York appellate court ruled that a roofer who suffered a head injury when a device used to dispense rolls of roofing material swung upward and hit him could bring a scaffold law claim.

NEW! Auqui v. Seven Thirty One Ltd. Partnership, 212, (12/10/2103): New York's highest court ruled that the outcome of an injured food deliveryman's workers' compensation case should not be controlling on his claim for lost wages and medical expenses from the alleged third-party tortfeasor responsible for his accident a decade ago.

NEW! Matter of Mowry v. DiNapoli, 516295, (11/21/2013): Principles of fairness did not bar the state comptroller from reviewing a retired lawyer's relationship with two public entities and retroactively determining that the lawyer had not been an employee of one of his putative employers and so he owed overpayments and arrears on the retirement benefits he had been collecting, a New York appellate court ruled. 

NEW! Matter of Marello v. DiNapoli, 516681, (11/14/2013): A corrections officer who was undisputedly disabled from performing his job was not entitled to performance of duty-disability retirement benefits, a New York appellate court ruled.

NEW! In the Matter of Beth V. v. New York State Office of Children & Family Services, 202, (11/19/2013): New York's highest court ruled that a youth division aide at a juvenile detention center who was kidnapped and raped by an inmate was properly subject to having her workers' compensation benefits for her injuries offset by the amount of the settlement she received in a civil suit against her employer based on this same incident.

NEW! Matter of Good v. Brutus, 516655, (11/07/2013): An insurance carrier was not entitled to apportion liability for a long-time secretarial worker's carpal tunnel syndrome between her last employer and any of her previous employers because substantial evidence established that her wrist problems did not develop until she started working for the carrier's insured, a New York appellate court ruled.

NEW! Matter of Bednarek v. Caring Professionals Inc., 515870, (11/07/2013): A home attendant who fell while walking from one client's house to another was within the course of her employment at the time of her fall, a New York appellate court ruled.