Legal Opinion
Flores v. Lower East Side Services Center, Inc.
New York Court of Appeals
Decided March 29, 2005PublishedCited by 158 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
Workers’ Compensation Law § 11 permits an owner to bring a third-party claim against an injured worker’s employer in only two circumstances: where the injured worker has suffered a “grave injury” or the employer has entered into a written contract to indemnify the owner. The issue in this case is whether the “written contract” provision in section 11 requires a signed agreement.
Defendant and third-party plaintiff Lower East Side Service Center (LES) is the owner of a multi-story building in Manhattan that was undergoing rehabilitation. Initially, LES hired…
2Cases cited10 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
- Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by158 opinions
- Kowalchuk v. StroupAppellate Division of the Supreme Court of the State of New York · 2009
- 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.Court of Appeals for the Second Circuit · 2010
- Alfred Janiga v. Questar Capital CoCourt of Appeals for the Seventh Circuit · 2010
- God's Battalion of Prayer Pentecostal Church, Inc. v. Miele AssociatesNew York Court of Appeals · 2006
- Rodrigues v. N & S Building Contractors, Inc.New York Court of Appeals · 2005
153 more not listed; retrieve them via the Exa API.