1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 206 A.D.3d
  5. 206 A.D.3d 451 (2022)
 

MOISES-ORTIZ v. FDB ACQUISITION LLC

152869/17, Appeal No. 16110, Case No. 2022-00461.

206 A.D.3d 451 (2022)

167 N.Y.S.3d 795

2022 NY Slip Op 03799

Jose Moises-Ortiz et al., Plaintiffs, v. FDB Acquisition LLC et al., Respondents, et al., Defendant. FDB Acquisition LLC et al., Third-Party Plaintiffs-Respondents, v. RNC Industries, LLC, Third-Party Defendant-Respondent. FDB Acquisition LLC et al., Second Third-Party Plaintiffs-Respondents, et al., Second Third-Party Defendant. Arch Insurance Group, Inc., Nonparty/Intervenor-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 9, 2022.

Attorney(s) appearing for the Case

Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Jamie Packer , of counsel) for appellant.

Segal McCambridge Singer & Mahoney, Ltd., New York ( Dinesh U. Dadlani , of counsel) for FDB Acquisition LLC and PAV-LAK Contracting, Inc., respondents.

Perry, Van Etten, Rozanski & Kutner, LLP, New York ( Kenneth J. Kutner , of counsel) for RNC Industries, LLC, respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Shulman, Rodriguez, JJ.

Arch, the insurer of plaintiff's employer, RNC, made a prima facie showing that plaintiff did not sustain a grave injury under Workers' Compensation Law § 11 (see Galindo v Dorchester Tower Condominium, 56 A.D.3d 285, 286 [1st Dept 2008]). Arch submitted a neuropsychologist's medical report, which found that plaintiff exaggerated his cognitive and psychological symptoms and could return to work on a full-time basis (see Rubeis...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases