Important Recent Case Law for New York
Friday, November 1, 2013 | 0
NEW! Lopez v. Actor's Studio Inc., 10539 301969/08, (10/22/2013): A construction worker was not entitled to summary judgment on his scaffold law claim where there were triable questions as to whether it was necessary for him to elevate himself to perform his work, and whether his accident actually transpired the way he said, a New York appellate court ruled.
NEW! Dow v. Silver Construction Corp., 514054, (10/17/2013): A New York appellate court revived an employer's challenge to a determination that it was the last source of a former employee's exposure to asbestos finding the record supported the employer's claim that it had properly served all of the interested parties with notice of its appeal.
NEW! Kochman v. City of New York, 10688 7577/06, (10/08/2013): A telecommunications technician who fell through the roof of a building while attempting to run wire for a new T-1 line circuit should be allowed to proceed with two of his three Labor Law claims, a New York appellate panel ruled.
NEW! Saint v. Syracuse Supply Co., 56 CA 13-00262, (10/04/2013): A New York appellate court ruled that a worker who fell from an elevated billboard structure while changing out the advertisement being displayed could not assert a viable claim under Labor Law Sections 240 or 241(6).
NEW! Hroncich v. Con Edison, 145, (10/15/2013): New York's highest court ruled that an employer could not apportion the death benefits payable to a plumber's widow between the work-related and nonwork-related causes of her late-husband's death.
NEW! Matter of Rodriquez v. DiNapoli, 515935, (10/03/2013): A police officer who injured his knee in a slip and fall, and again when he was assaulted by a suspect, was not entitled to accidental disability retirement benefits, a New York appellate court ruled.
NEW! Matter of Canfora v. Goldman Sachs Group, 515529, (10/03/2013): A New York appellate court upheld a decision by the Workers' Compensation Board to transfer a comp carrier's liability to the Special Fund for Reopened Cases retroactive to a date less than seven years after the date of injury even though the court had earlier reversed the board for having ordered the same transfer of liability.
NEW! Soto v. J. Crew, 162, (10/10/2013): A janitor who fell from a ladder while dusting a display shelf at a clothing store was not "cleaning" within the meaning of the state's scaffold law at the time of his accident, New York's highest court ruled.
NEW! Matter of Robinson v. Franklin County Department of Social Services, 513743, (09/26/2013): An employer did not lose its defense to contest a claim as time-barred by initially accepting the claim without objecting to its late filing, a New York appellate court ruled.
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