Important Recent Case Law for New York
Wednesday, September 25, 2013 | 0
NEW! 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.
Hugo v. Sarantakos, 2013-00414, (07/31/2013): A residential property owner was entitled to the summary dismissal of a painter's Labor Law claim against him based on the painter's fall from a ladder while performing work at the home, a New York appellate court ruled.Ashford v. Tannenhauser, 2012-10616, (07/31/2013): The out-of-possession landlord of a property where a worker fell from a ladder was entitled to the summary dismissal of the worker's negligence claim against it, a New York appellate court ruled.
Meabon v. Town of Poland, 634 CA 12-01577, (07/19/2013): A New York employer was not obligated to indemnify the municipality which hired it for a project that resulted in injury to one of its workers, an appellate panel ruled.
Matter of Weaver v. DiNapoli, 515952, (07/18/2013): A vocational instructor who suffered a series of work-related accidents and obtained a determination in the workers' compensation system that he was permanently disabled was not entitled to disability retirement benefits, a New York appellate court ruled.
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