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New York Case Law Update

By WorkCompCentral

Wednesday, August 19, 2015 | 564 | 0 | min read

NEW! Cunha v. Crossroads II, 2014-07319, (08/05/2015): A New York appellate court ruled that a worker whose legs were crushed by an excavator could proceed with his Labor Law action against the owner of the accident site, but it said the property owner was entitled to summary judgment dismissing one of the worker's Section 241(6) claims.
NEW! Power v. Fraiser, 2014-11106, (08/05/2015): A New York appellate court ruled that a municipal employee whose vehicle struck a colleague in the parking lot of their shared workplace could not be held civilly liable for this accident.
NEW! Amacio v. State of New York, 98546, (07/28/2015): A New York appellate court ruled that an injured worker was entitled to approval of his settlement of his claim against a third-party tortfeasor eight years after the fact.
NEW! Noor v. City of New York, 15080 102899/07, (07/28/2015): A divided New York appellate court panel ruled that a welder who fell while using an A-frame ladder in a closed position was entitled to judgment on his Labor Law claim, but that the defendants in his case were entitled to a new trial on damages.
NEW! Haines v. Verazzano of Dutchess, 2014-06740, (07/22/2015): A New York appellate court rejected a worker's Labor Law claim against a property owner that was an alter ego of the worker's employer.
Cox v. Saks Fifth Avenue, 520289, (07/09/2015): A New York appellate court reversed a decision by the Workers' Compensation Board denying a retail clerk benefits for a psyche injury that allegedly arose from his supervisors' demands that he engage in deceptive business practices to increase the store's inventory of luxury handbags.

Montenegro v. P12, 2014-08939, (07/08/2015): A New York appellate court revived a carpenter's Labor Law claim for an eye injury caused by a nail.

Matter of Hill-Chapman v. Earlybird Delivery Systems, 520120, (07/09/2015): A New York appellate court ruled that a dispatcher's unwitnessed death while at work was presumptively compensable.

Scribner v. State of New York, 519921, (07/09/2015): A New York appellate court reversed a grant of summary judgment in favor of a worker who had fallen from a roof ledge on his Labor Law Section 240(1) claim.

Salzer v. Benderson Development Co., 520253, (07/09/2015): A New York appellate court revived a construction worker's Labor Law claim arising from his fall from a roof of a shopping center complex.


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