Important Recent Case Law for New York

Friday, February 7, 2014 | 0

NEW! McKay v. Village of Endicott, 516970, (01/23/2014): A New York appellate court ruled that a municipal employer could challenge an injured firefighter's entitlement to benefits to supplement his performance-of-duty disability retirement pension income, but it had to continue paying benefits to the firefighter until a hearing could be held on the employer's claim. 

NEW! Garcia v. The Neighborhood Partnership Housing Development Fund, 11314, 11314A, 6094/07, (01/21/2014): A New York appellate court ruled that the plaintiffs in a lawsuit over a fatal building collapse at a construction site were entitled to summary judgment on their claim for violation of Labor Law Section 240(1).

NEW! Porter v. New York State Electric and Gas Corp., 516949, (01/23/2014): A New York appellate court ruled that liability for a worker's back injury transferred to the Special Fund for Reopened Cases once the state Workers' Compensation Board issued a 2011 decision which "truly closed" the worker's claim.

NEW! Cook v. DiNapoli, 516081, (01/16/2014): A police officer was not entitled to a duty disability retirement based on his alleged psychological injury following a shootout with a suspect.

NEW! Trombley v. Socha, No. 516943, (01/09/2014): A New York appellate court ruled that an employer did not expressly agree to indemnify a contractor from liability for any injuries to its employees in any future work that the employer performed for the contractor. 

NEW! Mott v. Central New York Psychiatric Center, 516708, (01/09/2014): The employer of a worker who used his personal leave time to cover part of his period of disability was entitled to reimbursement of the benefits it had paid him for the time the worker was using his personal leave time, a New York appellate court ruled.

NEW! Rauls v. DirecTV, 1283 CA 13-00955, (01/03/2014): A New York appellate court ruled that the satellite television provider which hired a worker's employer to install a satellite dish on a customer's roof was a "contractor" for purposes of Labor Law liability when that worker fell from the roof.

NEW! New York Hospital Medical Center of Queens v. Microtech Contracting Corp., APL-2013-00073, (09/26/12): New York's highest court last week heard oral argument in a dispute about whether an employer that violated federal immigration law by hiring two undocumented aliens lost its exclusive-remedy protection from claims filed by those workers after they were injured at work.

Addonisio v. City of New York, 100870/10 11423, (12/31/2013): A New York appellate court partially revived the Labor Law claims of a construction worker who suffered an electric shock when his power saw came into contact with a live underground cable. 

Ruggiere v. Cablevision of New York City - Phase I, 11417 20704/10, (12/31/2013): A worker could not recover against his employer or his employer's landlord for his injuries from a slip and fall in the parking lot of his workplace, a New York appellate court ruled.

Hartshorne v. Pengat Technical Inspections, 2012-10405, (12/26/2013): A general contractor was not liable as a matter of law to the employee of a subcontractor who suffered injuries from an allegedly dangerous condition at his worksite, a New York appellate court ruled.

Zarnoch v. Luckina, 1252 CA 13-00824, (12/27/2013): A New York appellate court ruled that a construction worker who was allegedly injured when a wall he was helping to raise fell on him established that his injury was from a gravity-related risk. 

Dixson v. Waterways at Bay Point Home Owners Association, 2012-05148, (12/26/2013): A worker's injuries sustained while preparing to engage in painting work for a homeowner’s association were not in the course of "routine maintenance," but rather, were part of the painting work, a New York appellate court ruled.