Important Recent Case Law for New York

Friday, October 11, 2013 | 0

NEW! Matter of Ginther v. Kelly, 10566 112272/11, (09/24/2013): A New York appellate court overturned the denial of accidental disability retirement benefits to a police officer for her psyche claim based on her two months of work at the World Trade Center after the Sept. 11, 2011, terrorist attacks. 

NEW! Arto v. Cairo Construction, 2012-03032, (09/18/2013): A roofing worker who suffered injuries while working on a residential property is entitled to a new trial against the homeowner on his Labor Law claim, a New York appellate court ruled.

NEW! Matter of Capodagli v. West Seneca Central School District, 516177, (09/19/2013): A New York appellate court overturned an administrative determination that an employer's liability for benefits to an injured worker ought to shift to the Special Fund for Reopened Cases, finding that this decision was not supported by sufficient evidence.

NEW! Opalinski v. City of New York, 2012-01764, 2012-04622, (10/02/2013): A New York appellate court upheld the dismissal of an injured construction worker's claims based on his injury from when he lost control of a power tool.

Volpe v. Hudson View Associates, 2012-00803, (09/11/2013): A metal worker who allegedly hurt himself because of a defect in the floor of his workplace could not assert a viable claim against the out-of-possession owner of the building as a matter of law, a New York appellate court ruled. 

Jimenez v. Monadnock Construction, 2012-00808, (08/14/2013): New Jersey law applied to the question of whether an insurance carrier had a duty to defend its insured against a lawsuit seeking indemnification and damages from an action filed by one its policyholder's employees against various third parties for a workplace accident, a New York appellate court ruled.

Blake v. City of New York, 2011-11246, (08/14/2013): A New York appellate court ruled that a police officer's failure to allege that her injuries from an attack by a suspect were a "recognized hazard" for purposes of the Labor Law was fatal to her claim against her employer. 

Lebron v. SML Veteran Leather, 308490/08, (08/20/2013): An employer's deliberate act of dismantling safety features of a leather-stamping machine was not so substantially certain to result in injury as to exempt a worker who was injured by the machine from the exclusivity provisions of New Jersey's workers' compensation laws, a divided New York appellate court ruled. 

Pinto v. Gormally, 10173 6172/07, (08/20/2013): A New York appellate court upheld a jury's six-figure award of damages from a property owner to a worker who suffered a crushed hand when he slipped and fell while carrying a box of tiles into the basement of the property.

Rodriguez v. DRLD Development Corp., 9511 8786/07, (08/06/2013): A New York appellate court ruled that a worker could state a cognizable claim under the Labor Law for alleged injuries from when a pile of sheetrock boards, which had been resting on wooden blocks elevating them about 2 feet off the ground, toppled over onto her.