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

Case No. 154970/19 | Appeal No. 5599 | Case No. 2024-06451
Regular Panel Decision
Jan 15, 2026

Russell v. Lenox Hill Hosp.

Plaintiff James Russell, an employee of a delivery service, sustained injuries while unloading a blood irradiator machine at Lenox Hill Hospital, falling off a truck after the machine rolled towards him. The Supreme Court had denied Lenox Hill Hospital's motion for summary judgment on Labor Law §§ 240(1) and 200 claims and common-law negligence, granted plaintiff's motion for summary judgment on Labor Law § 240(1) liability, and denied Rad Source Technologies' motion to dismiss the third-party complaint. The Appellate Division, First Department, reversed these decisions, dismissing both the complaint against Lenox Hill Hospital and the third-party complaint. The court ruled that plaintiff was not a covered worker under Labor Law § 240(1) as the electrical work was unrelated to his activity and completed before delivery. Furthermore, Lenox Hill Hospital did not supervise or control plaintiff's work, negating Labor Law § 200 and common-law negligence liability. The third-party complaint was also dismissed, as Rad Source cannot be held liable for the negligence of an independent contractor, and delivery work is not considered inherently dangerous.

Labor Law § 240(1)Labor Law § 200Summary JudgmentAppellate ReviewConstruction AccidentIndependent ContractorDelivery ServicesPremises LiabilityLoading Dock InjuryUnloading Equipment
References
7
Case No. ADJ1543782
Regular
Aug 18, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

In this workers' compensation case, the Board denied the defendant City of Beverly Hills' reconsideration of its prior decision. The Board had overturned a judge's finding that a police officer's shoulder injury sustained while exercising in the station gym during off-duty hours was not industrial. The Board determined the injury was compensable because it was a reasonable expectancy of employment under the specific circumstances. This decision reinforces the finding that the officer's workout was a reasonable part of his employment, even during off-duty hours.

Workers Compensation Appeals BoardCity of Beverly Hillspolice officerleft shoulder injuryindustrial injuryreasonable expectancyoff-duty hoursgymcompensablereconsideration
References
0
Case No. 2022 NY Slip Op 03777 [206 AD3d 1175]
Regular Panel Decision
Jun 09, 2022

Matter of Anthony v. AB HILL Enters., LLC

Sandra Anthony filed a workers' compensation claim after injuring her wrist at a construction site, naming AB Hill Enterprises, LLC as her employer. A Workers' Compensation Law Judge (WCLJ) found an employer-employee relationship, ruled AB Hill liable, and, due to AB Hill's lack of coverage, held Dani's Builders responsible as the general contractor. A penalty was also imposed on AB Hill for failing to secure insurance. The Workers' Compensation Board affirmed the WCLJ's decision, prompting AB Hill's appeal. The Appellate Division affirmed the Board's decision, finding substantial evidence that AB Hill was a subcontractor and employer under the Construction Industry Fair Play Act, and thus properly assessed a penalty for lack of workers' compensation coverage.

Workers' CompensationEmployer-Employee RelationshipConstruction Industry Fair Play ActSubcontractor LiabilityInsurance CoverageStatutory PresumptionIndependent ContractorAppellate ReviewPenalty AssessmentDrywall Injury
References
4
Case No. MISSING
Regular Panel Decision

Green Hills (USA), L.L.C. v. Aaron Streit, Inc.

Green Hills, LLC brought an action against Aaron Streit, Inc. and Certified Environments, Inc. for violations of the Resource Conservation and Recovery Act (RCRA) and New York Navigation Law, along with other common law provisions. The dispute arose after Green Hills purchased a property from Streit's, which was previously inspected by CEI, and subsequently discovered leaked heating oil from underground storage tanks. Green Hills alleges that Streit's misrepresented the property's environmental condition and CEI failed to detect the hazards. Defendants moved to dismiss various counts of the complaint, with Streit's arguing lack of subject matter jurisdiction and failure to state a claim under RCRA, and CEI arguing the economic loss rule bars certain state-law claims. The court denied both defendants' motions to dismiss, finding sufficient allegations for an RCRA claim and exercising supplemental jurisdiction over state-law claims against CEI. The court also granted Green Hills' cross-motion to amend its complaint.

RCRAEnvironmental LawHazardous WasteUnderground Storage TanksContaminationNew York Navigation LawMotions to DismissSubject Matter JurisdictionFailure to State a ClaimSupplemental Jurisdiction
References
29
Case No. 2018 NY Slip Op 06230 [164 AD3d 1425]
Regular Panel Decision
Sep 26, 2018

Hill v. Mid Is. Steel Corp.

The plaintiff, Danny Hill, appealed an order from the Supreme Court, Suffolk County, which granted summary judgment to Mid Island Steel Corp. in a personal injury action. Hill sustained injuries using a telescoping lift owned by Mid Island Steel Corp. The Appellate Division, Second Department, affirmed the dismissal of the Labor Law § 200 claim against Mid Island Steel Corp., finding it was not an owner, contractor, or agent. However, the court modified the order, reinstating the common-law negligence claim, as Mid Island Steel Corp. failed to prima facie establish the lift was not in a defective condition.

Personal InjurySummary JudgmentCommon-law NegligenceLabor Law § 200Defective EquipmentTelescoping LiftAppellate ReviewEmployer LiabilityProperty Owner LiabilitySafe Place to Work
References
5
Case No. 2014 NY Slip Op 07601 [122 AD3d 428]
Regular Panel Decision
Nov 06, 2014

Hill v. Acies Group, LLC

Plaintiff Anthony Hill, a worker at a construction site, was struck by a falling brick while cleaning debris, sustaining injuries. He initiated an action, and his motion for partial summary judgment on liability under Labor Law § 240 (1) was denied by the Supreme Court, Bronx County. Upon appeal, the Appellate Division, First Department, unanimously reversed the lower court's order. The appellate court found that Hill had established his entitlement to judgment as a matter of law, citing the absence of overhead protective devices as a proximate cause of his injuries. It also held that comparative negligence is not a defense to a Labor Law § 240 (1) claim and rejected the argument that an employer's instruction to avoid unsafe practices functions as a safety device. Consequently, the motion for partial summary judgment on liability was granted against defendants Acies Group, LLC, CS Melrose Site D, LLC, and Skye Construction, LLC.

Construction AccidentFalling ObjectLabor Law ClaimSummary JudgmentLiabilityProximate CauseSafety DevicesAppellate ReviewReversalWorker Safety
References
6
Case No. MISSING
Regular Panel Decision
May 07, 1996

Manocherian v. Lenox Hill Hospital

This case revolves around a dispute between landlords (plaintiffs) and Lenox Hill Hospital (defendant) concerning the hospital's subletting of 15 apartments to its nurse-employees, which became subject to the Rent Stabilization Law (RSL). After the Omnibus Housing Act (OHA) restricted corporate subletting, Chapter 940 was enacted to exempt not-for-profit hospitals. Plaintiffs challenged Chapter 940, which the Court of Appeals declared unconstitutional as an impermissible regulatory taking. On remand, the lower court controversially interpreted previous rulings to grant renewal lease rights to the subtenant nurses, despite their not appearing in the action. This appellate court reversed that aspect, clarifying that the unconstitutionality of Chapter 940, combined with existing RSL provisions, means subtenants are not entitled to renewal leases, thereby limiting the scope of the *Cale* doctrine. The court granted plaintiffs judgments of possession for all apartments and directed a special referee to assess fair market use and occupancy.

Rent Stabilization LawPrimary ResidenceSubtenancyCorporate TenancyConstitutional LawRegulatory TakingChapter 940Omnibus Housing ActLease Renewal RightsAppellate Review
References
25
Case No. 2020 NY Slip Op 03505 [184 AD3d 813]
Regular Panel Decision
Jun 24, 2020

Klaper v. Cypress Hills Cemetery

Jozef Klaper, the plaintiff, appealed an order dismissing his complaint against Cypress Hills Cemetery for employment discrimination and hostile work environment based on age and national origin, in violation of the New York City Human Rights Law. Klaper's employment was terminated after he failed to comply with a "final chance stipulation" to return to work following an alcohol treatment program. Prior to this action, Klaper had filed a complaint with the NYSDHR, which was dismissed on the merits, and a federal action where state and city claims were dismissed without prejudice. The Appellate Division affirmed the dismissal of the current action, ruling that it was barred by the doctrines of election of remedies and collateral estoppel, as the claims were based on the same alleged discriminatory conduct previously asserted with the NYSDHR.

Employment DiscriminationHostile Work EnvironmentAge DiscriminationNational Origin DiscriminationNew York City Human Rights LawElection of RemediesCollateral EstoppelAppellate DivisionTermination of EmploymentFinal Chance Stipulation
References
13
Case No. SBR 0282949, SBR 0294486, SBR 0296318
Regular
Dec 27, 2007

VICTOR ZYSS vs. ADVANCED RADIOLOGY OF BEVERLY HILLS, LIEN RECOVERY SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a dismissal order. The Board affirmed the administrative law judge's dismissal of the lien claimant's lien for failure to appear at a conference and respond to a notice of intention to dismiss. However, the dismissal was amended to be without prejudice.

Workers' Compensation Appeals BoardLien ClaimantDeclaration of ReadinessDismissalDue ProcessReconsiderationFindings and OrderWCJAdministrative Law JudgeLien Recovery Services
References
0
Case No. MISSING
Regular Panel Decision

Town of North Hempstead v. Village of North Hills

Plaintiffs, including the Town of North Hempstead, homeowners, and residents, initiated an action against various Village defendants to enforce federal environmental laws, challenging land use and zoning decisions, specifically the downzoning of certain parcels in the Village of North Hills. Frank Martucci and Roslyn Pines, Inc., owners of a significantly affected 29.1-acre tract, sought to intervene as defendants, citing their direct interest in the property and the potential negative impact of the lawsuit on their development plans and economic interests. Plaintiffs opposed their intervention, primarily on technical grounds regarding the sufficiency of their application. The court ultimately granted the motion to intervene, finding that Martucci and Roslyn Pines, Inc. met all requirements of Rule 24(a), F.R.Civ.P., as their interests were not adequately represented by the existing governmental defendants and their active participation would ensure a more robust presentation of the economic arguments pertinent to the case.

Environmental LawLand UseZoningIntervention as of RightRule 24(a) F.R.Civ.P.Real EstateProperty RightsAdequate RepresentationEconomic InterestsMunicipal Law
References
7
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