State liable for worker injury

By Todd Etshman
POSTED: January 5, 2012
Tags: Appellate Division, construction worker, Fourth Department, Labor Law, New York State Court of Claims

The Appellate Division, Fourth Department upheld a New York State Court of Claims decision in favor of a construction worker who was injured when an unsecured skid box fell from on a forklift and struck him in the back.
The Court of Claims found the state, which hired a company to work on several Buffalo-area bridges, [...]

Elevation considered in labor law case 

By Denise M. Champagne
POSTED: January 3, 2012
Tags: Appellate Division, construction accident, elevated workplaces, Fourth Department, Labor Law

The cause of a construction accident will need to be determined before various claims for damages may be sorted out. The claims fall under a section of labor law dealing with elevated workplaces. While the workers involved in the accident did not need the elevated workplace protections, their injuries may still be related to the [...]

Fourth Department — Labor Law: Letts v. Globe Metallurgical Inc. 

By Daily Record Staff
POSTED: December 29, 2011
Tags: Appellate Division, Fourth Department, Industrial Codes, Labor Law

Appellate Division, Fourth Department
Labor Law
Industrial Codes
Letts v. Globe Metallurgical Inc.
CA 11-00979
Appealed from Supreme Court, Niagara County
Background: The plaintiff commenced an action after a 2,400-pound steel plate he had welded into place fell on him. The defendant owned the plant where the accident occurred and the complaint alleged common-law negligence, as well as Labor Law §§ [...]

Fourth Department — Labor Law: Brownell v. Blue Seal Feeds Inc, et al. 

By Daily Record Staff
POSTED: December 1, 2011
Tags: Appellate Division, Elevated Surface, Fourth Department, Labor Law

Appellate Division, Fourth Department
Labor Law
Elevated Surface
Brownell v. Blue Seal Feeds Inc, et al.
CA 11-00585
Appealed from Supreme Court, Jefferson County
Background: The plaintiff commenced a Labor Law action seeking damages for injuries he sustained while working at premises owned by the defendants Bennett and leased to the defendants Blue Seal Feeds Inc.  The Bennett defendants had contracted [...]

Court of Appeals — Labor Law: Wilinski, et al. v. 334 East 92nd Housing Development Fund Corp., et al. 

By Daily Record Staff
POSTED: November 15, 2011
Tags: Gravity Related Injuries, Labor Law, Misseritti, New York State Court of Appeals

New York State Court of Appeals
Labor Law
Gravity Related Injuries — Misseritti
Wilinski, et al. v. 334 East 92nd Housing Development Fund Corp., et al.
No. 168
Judge Ciparick
Background: The plaintiff and his coworkers were demolishing brick walls at a vacant warehouse located on premises owned by the defendant. Prior demolition left two large metal plumbing pipes unsecured. The [...]

Labor Law: Thome v. Benchmark Main Transit Associates LLC 

By Daily Record Staff
POSTED: August 9, 2011
Tags: Appellate Division, Fourth Department, Labor Law, Misuse, Safety Device

Appellate Division, Fourth Department

Labor Law
Safety Device — Misuse
Thome v. Benchmark Main Transit Associates LLC
CA 10-02435
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced a labor law and common-law negligence action seeking damages for injuries he sustained when a scissor lift on which he was standing tipped over. The defendants appealed from an order that granted [...]

Jurisdiction: Karcz, Jr. v. Klewin Building Company Inc., et al. 

By Daily Record Staff
POSTED: July 1, 2011
Tags: Appellate Division, Fourth Department, jurisdiction, Labor Law

Appellate Division, Fourth Department
Jurisdiction
Labor Law
Karcz, Jr. v. Klewin Building Company Inc., et al.
CA 10-02385
Appealed from Supreme Court, Niagara County
Background: The action was commenced when the plaintiff sustained injuries when a truss he had lifted overhead onto an aerial platform of a scissor lift fell on him at a construction project. The construction project took place [...]

Labor Law: Elliott v. Leatherstocking Corp 

By Daily Record Staff
POSTED: April 19, 2011
Tags: Guest Service Charges, Labor Law, NDNY, overtime, U.S. District Court

U.S. District Court, NDNY
Labor Law
Overtime — Guest Service Charges
Elliott v. Leatherstocking Corp
10-CV-934
Judge McAvoy
Background: The defendant owns and operates the Otesaga Hotel and Resort in Cooperstown, N.Y. The defendant employed the plaintiffs Virginia Elliott and Deborah Knoblauch as room attendants, the plaintiff Jon Francis as a dining room busser and banquet server, and the plaintiff Laura [...]

Labor Law: Ozimek v. Holiday Valley Inc. 

By Daily Record Staff
POSTED: April 4, 2011
Tags: Appellate Division, Fourth Department, Labor Law, negligence, Scaffold Law

Appellate Division, Fourth Department
 
Labor Law
Scaffold Law — Negligence
Ozimek v. Holiday Valley Inc.
CA 10–02134
Appealed from Supreme Court, Chautauqua County
Background: The appeals that are decided here are from an order that granted in part the motions of the defendants for summary judgment by dismissing the plaintiffs’ Labor Law §241(6) cause of action and denied the cross motion [...]

Labor Law: Rudd v. T.L. Cannon Corp. 

By Daily Record Staff
POSTED: March 9, 2011
Tags: Certification, class actions, Labor Law, Northern District of New York, U.S. District Court

U.S. District Court, Northern District of New York
Labor Law
Class Actions — Certification
Rudd v. T.L. Cannon Corp.
10-CV-591
Judge McAvoy
Background: Plaintiffs Ann Marie Rudd, Matthew Roach, Melissa Longo, Jennifer Doty and Garrett Titchen, all former employees of the defendants, operators of approximately 53 Applebee’s Neighborhood Grill & Bar Restaurants throughout New York state, have commenced this action, styled [...]

Labor Law: National Labor Relations Board v. Domsey Trading Corp. 

By Daily Record Staff
POSTED: February 23, 2011
Tags: Backpay Immigration Status, Labor Law, Second Circuit, U.S Court of Appeals

U.S. Court of Appeals, Second Circuit
Labor Law
Backpay  Immigration Status
National Labor Relations Board v. Domsey Trading Corp.
10-3356-ag
Appealed from the NLRB
Background: The National Labor Relations Board seeks enforcement of two supplemental decisions and orders of the Board against Domsey Trading Corp., Domsey Fiber Corp., Domsey International and Domsey International Sales Corp., a single employer, pursuant to Section [...]