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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. MISSING
Regular Panel Decision

MATTER OF MERSON v. McNally

The Court of Appeals addresses whether a negative declaration under the State Environmental Quality Review Act (SEQRA) can be issued for a Type I action, even when the project has been modified to accommodate environmental concerns. Reviewing two related cases, Matter of Merson v McNally and Matter of Philipstown Indus. Park v Town Bd., the Court examines a mining project by Philipstown Industrial Park, Inc. (PIP) in the Town of Philipstown, Putnam County. The Planning Board, acting as the lead agency, issued a negative declaration after PIP revised its plans in response to public and agency input regarding noise, traffic, and groundwater. The Appellate Division had annulled this declaration, viewing the modifications as impermissible 'conditioned negative declarations.' The Court of Appeals reversed, holding that such project adjustments, made through an open and deliberative process to mitigate potential adverse effects, are a legitimate part of SEQRA review and do not invalidate a negative declaration. The cases are remitted to the Appellate Division for consideration of unaddressed issues, including preemption.

Environmental ReviewSEQRANegative DeclarationMined Land Reclamation LawType I ActionProject ModificationEnvironmental Impact StatementLead AgencyZoning LawAppellate Review
References
15
Case No. 2021 NY Slip Op 01663 [192 AD3d 1594]
Regular Panel Decision
Mar 19, 2021

Chrisman v. Syracuse Soma Project, LLC

Michael Chrisman, an employee of EJ Construction Group, Inc., sustained injuries after slipping on snowy metal decking at a construction site. He sued Syracuse SOMA Project, LLC (owner) and Burke Contracting, LLC (general contractor) under Labor Law. Burke initiated a third-party action against Whitacre Engineering Co. (subcontractor for steel mesh) and EJ Construction Group, Inc. (subcontractor employing Chrisman) for indemnification. The Supreme Court granted third-party defendants' motion for summary judgment and plaintiff's cross motion for partial summary judgment on Labor Law § 241 (6) liability. The Appellate Division, Fourth Department, modified the order, ruling that the violation of 12 NYCRR 23-1.7 (d) does not conclusively establish liability but is merely evidence of negligence, thus raising factual issues. The court also found no contractual indemnification between Burke and Whitacre due to the lack of a formal contract but erred in dismissing the contractual indemnification claim against EJ Construction Group, Inc. The order was modified by reinstating the fifth cause of action against EJ and denying plaintiff's cross motion entirely, and as modified, affirmed.

Construction AccidentLabor LawPremises LiabilitySummary JudgmentContractual IndemnificationSubcontractor LiabilityWorkplace SafetyAppellate ReviewNegligenceThird-Party Action
References
15
Case No. 2025 NYSlipOp 07110
Regular Panel Decision
Dec 18, 2025

People v. R.V.

The Appellate Division, First Department, affirmed an order by the Supreme Court, New York County, which granted the defendant R.V.'s CPL 210.40 motion to dismiss the indictment in furtherance of justice. The court found that the Supreme Court providently exercised its discretion, noting that R.V. purchased a false Covid-19 vaccination card to maintain employment as an essential worker during the pandemic. The decision highlighted that R.V.'s actions caused no specific or societal harm, supporting the dismissal in the interest of justice.

Indictment DismissalInterest of JusticeCPL 210.40COVID-19 Vaccination CardEssential WorkerAppellate ReviewDiscretionary DismissalLack of Harm
References
2
Case No. MISSING
Regular Panel Decision

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

This concurring opinion by Justice Abdus-Salaam addresses two cases, Doerr v Goldsmith and Dobinski v Lockhart, concerning negligence claims against domestic animal owners for injuries caused by their pets. The opinion reaffirms the long-standing "vicious propensities" rule established in Bard v Jahnke, which limits liability solely to strict liability when an owner knew or should have known of an animal's dangerous tendencies. Justice Abdus-Salaam rejects arguments to extend the Hastings v Sauve precedent, which allowed negligence claims for farm animals straying from property, to domestic pets. The opinion also refutes the distinction between an owner's active control and passive failure to restrain, emphasizing that a pet's volitional behavior is the ultimate cause of harm. Consequently, Justice Abdus-Salaam votes to dismiss the negligence claims in both cases and affirms the dismissal of Dobinski's strict liability claim due to insufficient evidence of the owners' prior knowledge of their dogs' propensities.

Animal LawNegligenceStrict LiabilityDomestic AnimalsFarm AnimalsVicious Propensity RuleDuty of CareSummary JudgmentAppellate ReviewCourt of Appeals
References
20
Case No. MISSING
Regular Panel Decision

Regensdorfer v. Central Buffalo Project Corp.

The Supreme Court erred in denying the cross motion of defendant Central Buffalo Project Corporation and third-party defendant United States Shoe Corporation, doing business as Casual Corner, for summary judgment dismissing the complaint. An out-of-possession landlord, Central Buffalo, was not liable as it relinquished control, was not contractually obligated to repair nonstructural defects, and did not have notice of the condition. The loose stairway treads were deemed a non-structural defect. Additionally, Casual Corner was contractually obligated to indemnify Central Buffalo. The amendment to Workers' Compensation Law § 11, effective September 10, 1996, was deemed prospective only and not applicable to this action.

Landlord LiabilityPremises LiabilitySummary JudgmentContractual IndemnificationWorkers' Compensation LawStructural DefectNotice of DefectAppellate ReviewOut-of-Possession LandlordLease Agreement
References
15
Case No. 2021 NY Slip Op 01738 [192 AD3d 953]
Regular Panel Decision
Mar 24, 2021

Andres v. North 10 Project, LLC

The plaintiff, Mieczyslaw Andres, commenced an action to recover damages for personal injuries he sustained when an electrical panel box he was removing fell and struck him. He appealed from an order denying his motion for summary judgment on the issue of liability under Labor Law § 240 (1) against defendants North 10 Project, LLC, and HSD Construction, LLC. The Appellate Division, Second Department, affirmed the lower court's decision, concluding that the plaintiff failed to establish that the electrical panel box was an object requiring securing under Labor Law § 240 (1).

Personal InjuryLabor Law § 240 (1)Summary Judgment MotionFalling Object DoctrineAppellate DivisionLiabilityConstruction Site SafetyStatutory InterpretationWorkers' RightsPremises Liability
References
7
Case No. MISSING
Regular Panel Decision

People v. Johnson

This opinion from the Court of Appeals addresses the critical issue of juror impartiality in criminal trials, specifically concerning challenges for cause when prospective jurors express doubts about their fairness. The Court consolidated three cases: People v. Johnson and People v. Sharper, both robbery cases involving juror bias towards police testimony, and People v. Reyes, a drug sale case where jurors harbored biases related to drug abuse and a defendant's prior convictions. The Court reiterated that when potential jurors reveal a state of mind likely to preclude impartial service, they must provide unequivocal assurance of their ability to set aside any bias and render a verdict based solely on evidence. Concluding that the trial judges in these cases failed to obtain such unequivocal assurances, the Court affirmed the Appellate Division's reversal of convictions in Johnson and Sharper, and reversed the Appellate Division's affirmation of conviction in Reyes, ordering a new trial. This decision underscores the fundamental constitutional right to an impartial jury and clarifies the standard for excusing biased jurors under CPL 270.20.

Jury SelectionVoir DireJuror ImpartialityChallenge for CauseUnequivocal AssurancePolice Testimony BiasDrug Offense BiasPrior Conviction BiasCriminal Procedure LawAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

MATTER OF THEROUX v. Reilly

The New York State Court of Appeals addressed whether eligibility for benefits under General Municipal Law § 207-c requires a 'heightened risk' standard for injuries sustained by municipal employees in law enforcement duties. The court concluded that section 207-c does not mandate such a standard, interpreting 'duties' to encompass the full range of a covered employee's job responsibilities. It clarified that eligibility only necessitates demonstrating a 'direct causal relationship between job duties and the resulting illness or injury.' Consequently, the Court reversed the Appellate Division orders in three consolidated cases (Theroux v Reilly, Wagman v Kapica, and James v County of Yates Sheriff’s Dept.) that had erroneously applied the 'heightened risk' standard, reinstating Supreme Court orders in two and remitting one for further proceedings.

Workers' CompensationGeneral Municipal LawPolice OfficersFirefightersDisability BenefitsStatutory InterpretationAppellate ReviewCausal RelationshipJob DutiesPublic Safety Officers
References
20
Case No. MISSING
Regular Panel Decision
Apr 14, 1992

McNair v. Morris Avenue Associates

This case concerns appeals by Morris Avenue Associates, the property owner, and Stony Brook Projects, Inc., the general contractor, from an order denying their cross-motions for summary judgment for common-law indemnification against Metal Manufacturing Co., the subcontractor. The plaintiff, Randall McNair, an employee of Metal, was injured in a construction accident and had previously been awarded summary judgment against Morris Avenue and Stony Brook for a Labor Law § 240 (1) violation. The appellate court determined that Morris Avenue and Stony Brook, being only vicariously liable, were entitled to full common-law indemnification from Metal Manufacturing Co., whose negligence was the sole cause of the worker's injuries. Consequently, the original order was modified to grant the cross-motions for summary judgment for indemnification to Morris Avenue Associates and Stony Brook Projects, Inc., against Metal Manufacturing Co., and as so modified, the order was affirmed.

Personal InjuryCommon-Law IndemnificationSummary JudgmentLabor LawGeneral ContractorSubcontractorVicarious LiabilityConstruction AccidentAppellate DecisionSuffolk County
References
9
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