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Important Recent Case Law for New York

  • State: New York
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NEW! Cerverizzo v. City of New York, 11977, 15302/05, 84681/05, 85328/06, 86200/07, (04/08/2014): A worker who suffered injuries from his alleged inhalation of toxic fumes while working inside a sewage aeration tank should be allowed to proceed with his Labor Law claim premised on safety regulations pertaining to work being done in unventilated confined areas, a New York appellate court ruled. 

NEW! Matter of Moreland v. Reed Blacktopping, 516931, (03/27/2014): A New York appellate court upheld the suspension of an injured worker's wage-replacement benefits based on his failure to disclose the fact that he had begun volunteering as a firefighter while continuing to collect benefits.

NEW! Guillo v. New York City Housing Authority, 517317, (03/27/2014): A procurement manager for the New York City Housing Authority was not entitled to benefits for a psychological injury that allegedly arose from her stress from her job, a state appellate court ruled.

NEW! Quituizaca v. Tucchiarone, 2013-00139, (03/26/2014): An out-of-possession landlord was entitled to the dismissal of some of a worker's Labor Law claims against him based on the worker's fall from a ladder, a New York appellate court ruled. 

NEW! Matter of Launer v. Euro Brokers, 515992, (03/27/2014): A bond broker who narrowly escaped from the World Trade Center after the Sept. 11, 2001, terrorist attacks was not entitled to compensation for his alleged inability to continue with his high-paying profession due to his post-traumatic stress disorder, a New York appellate court ruled.

NEW! New York State Workers' Compensation Bd. v SGRisk, LLC 02373, (04/03/2104):  A New York appellate court last week sorted out the claims that the state's Workers' Compensation Board could continue to pursue against the actuary and accountant for eight self-insurance trusts that were among the spate of failures plaguing New York at the turn of the millennium.

NEW! Doxey v. the Freeport Union Free School District, 2012-05569, (03/26/2014): A worker on a boiler repair project who was struck in the face while trying to re-attach a spring to a hatch door could not bring a viable Labor Law or negligence claim against the property owner, general contractor or construction manager for the project, a New York appellate court ruled.

NEW! In re Anonymous v. Kelly, 12071 102121/12, (03/27/2014): A New York appellate court ruled that a police officer who allegedly developed an eye condition while working undercover could not benefit from a statutory presumption that his condition was the result of an accident which would entitle him to a disability retirement. 

NEW! Flores v. Infrastructure Repair Service, 10167 400736/09, (03/20/2014): A New York appellate court ruled that a construction worker who suffered burns from a heated rubberized asphalt material had established a viable Labor Law claim against the general contractor on the project who undisputedly was responsible for providing him with the materials and safety equipment he was using at the time of his accident.

NEW! Gonzalez v. Magestic Fine Custom Home, 2012-07477, (03/19/2014): A New York appellate court ruled that a contractor providing some supervisory services at a construction project was entitled to summary judgment dismissing the claims by an injured employee of another contractor on the project and to summary judgment on its indemnification claim against that other contractor.

NEW! American Home Assurance Co. v. D.P. Consulting Corp., 2012-04144, (03/19/2014): A New York appellate court ruled that an insurance carrier was not entitled to summary judgment on its claim that it had no duty to provide coverage to an employer whose employee suffered injuries when he fell from the roof of a building.

NEW! Jacobsen v. New York City Health and Hospitals Corp., 34, (03/27/2014): New York's highest court ruled that an employer's failure to engage in a good-faith interactive process with a disabled worker generally forecloses that employer from obtaining summary judgment should that worker bring a disability discrimination claim.

NEW! Isabella v. Koubek, 45, (03/27/2014): New York's highest court ruled that a defendant in a civil action arising from a motor vehicle accident cannot pursue contribution pursuant to the Vehicle and Traffic Law against a driver who was at fault for the accident, but immune from liability to the injured party under the Workers' Compensation Law.

NEW! Ramirez v. BB & BB Management Corp., 11993 306487/08, (03/20/2014): A New York appellate court ruled that an employer was not liable to a worker for his injuries from an assault as a matter of law. 

NEW! Feinberg v. Sanz, 2012-10585 and 2013-00544, (03/12/2014): A New York appellate court ruled that the family of a worker who fell to his death from the roof of a building while intoxicated could not assert a Labor Law claim against his employer and the building owner as a matter of law.

NEW! Penaranda v. 4933 Realty, 100963/10 590179/11, 03/11/2014, (03/11/2014): A New York appellate court ruled that a worker's injuries from being thrown from a Bobcat should not have been summarily dismissed.

NEW! Shea v. DiNapolo, 516337, (03/06/2014): A New York appellate court ruled that a police officer who was undisputedly disabled by his severe depression after the Sept. 11, 2001, terrorist attacks on the World Trade Center was not entitled to accidental disability retirement benefits because he was never assigned to work at the World Trade Center site after the attacks. 

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