Berardi v. 900 Third Avenue, L.P.
Appellate Division affirms summary judgment on Labor Law section 241(6) claim where carpenter tripped on torn tarp covering construction corridor, violating Industrial Code section 23-1.7(e)(1).
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New York
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71st Street-Lexington Corporation v. Frankel
Appellate Division affirms termination of cooperative proprietary lease for shareholder’s failure to maintain required homeowner’s insurance, upholding attorneys’ fees award.
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People v. Williams
Appellate Division affirms murder conviction and denial of CPL 440.10 motion, finding valid appeal waiver and failure to present nonrecord evidence for hearing.
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People v. Wade
Appellate Division examines validity of appeal waiver and legality of parole search based on tip that led to discovery of cocaine hidden in kitchen ceiling.
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People v. Rich
Appellate Division affirms sentence after guilty plea, finding valid appeal waiver bars challenge to negotiated sentence despite intervening arrest on new charges.
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People v. Green
Appellate Division affirms conviction and denial of CPL 440.10 motion, finding valid appeal waiver foreclosed claims and movant failed to present nonrecord evidence for hearing.
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Matter of Rodriguez v. Sky Materials Corporation
Appellate Division affirms workers’ compensation carrier liability determination in case involving professional employer organization and complex employment relationships in construction.
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Matter of Price v. Premium Brands Opco, LLC
Appellate Division addresses whether Workers’ Compensation Board properly denied review based on procedural omissions in RB-89 form, examining interplay between regulatory requirements and statutory authority to excuse deficiencies.
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Matter of Kowalski v. A Quest Corporation
Appellate Division affirms workers’ compensation finding that employer was responsible for asbestos handler’s occupational hearing loss under last injurious exposure rule after fifty-year career.
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Matter of Figueroa
Appellate Division disbars attorney for persistent failure to cooperate with disciplinary investigation, including failure to respond to complaints, produce documents, and oppose disbarment motion.