Apollo Steel Corp. v. Melco Cranes, Inc.

—Order unanimously affirmed without costs. Memorandum: An employee of Apollo Steel Corporation (Apollo) was injured when a box tank fell from a crane provided by defendant and operated by defendant’s employee. Apollo commenced this action, alleging that, as a result of that accident, its workers’ compensation insurance premium increased by 17% and its experience rating was raised to a level where it was disqualified from bidding on certain contracts that customarily constituted a substantial part of its business. Apollo sought as damages the increased cost of premiums and lost profits.

Supreme…