Fourth Department — Labor Law: Rast v. Wachs Rome Development LLC, et al.
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, Labor Law
Appellate Division, Fourth Department Labor Law Subcontractor Liability — Area of the Incident Rast v. Wachs Rome Development LLC, et al. CA 11-01462 Appealed from Supreme Court, Wyoming County Background: The plaintiffs commenced an action seeking damages for injuries sustained when the plaintiff fell from a roof. The defendant had hired the plaintiff as a general [...]
Fourth Department — Labor Law: Osgood v. KDM Development Corp, et al.
By Daily Record Staff
POSTED: March 12, 2012
Tags: Appellate Division, Fourth Department, Labor Law
Appellate Division, Fourth Department Labor Law Third-Party Action — Manufacturer of Mobile Home Osgood v. KDM Development Corp, et al. CA 11-01565 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a labor law action seeking damages for injuries he sustained when he fell from a ladder while installing siding on a mobile home. [...]
Fourth Department — ‘Falsus in Uno Doctrine’: DiPalma v. State of New York 
By Daily Record Staff
POSTED: February 6, 2012
Tags: Appellate Division, Fourth Department, Height Differential, Labor Law, ‘Falsus in Uno Doctrine’
Appellate Division, Fourth Department ‘Falsus in Uno Doctrine’ Labor Law — Height Differential DiPalma v. State of New York CA 11-00457 Appealed from the Court of Claims Background: The claimant commenced a Labor Law and negligence action seeking damages he sustained when a large box of concrete debris slid off of a forklift and struck [...]
Fourth Department — Labor Law: Byrd v. Frederick E. Roneker Jr., et al.
By Daily Record Staff
POSTED: February 2, 2012
Tags: Appellate Division, Fourth Department, Labor Law, One-to Two-Family Dwelling Exemption
Appellate Division, Fourth Department Labor Law One-to Two-Family Dwelling Exemption Byrd v. Frederick E. Roneker Jr., et al. CA 11-00541 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for personal injuries he sustained when he fell from a ladder while cutting a tree limb at a single-family home owned [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
