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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
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. MISSING
Regular Panel Decision

Theresa J. v. Patricia J.

This case involves an appeal in a neglect proceeding under Article 10 of the Family Court Act, where the respondent mother was accused of neglecting her three children due to drug misuse. Evidence presented included the mother testing positive for cocaine during childbirth, her admission to occasional cocaine use, and the premature birth and death of one child due to renal failure. While the majority found a prima facie case of neglect warranting a continued fact-finding hearing, the dissenting justice argued that a prima facie case was not established, citing a lack of proof for repeated drug misuse or a direct causal link between the mother's drug use and the child's impairment or death. Both the majority and dissent agreed to remand the case for further proceedings, especially considering a potential subsequent drug arrest of the respondent.

NeglectChild ProtectionDrug MisuseCocainePremature BirthInfant DeathPrima Facie CaseRemandFamily Court ActAppeal
References
0
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. MISSING
Regular Panel Decision
Nov 17, 1987

In re Carmelo R.

This case addresses the foster care status of Carmelo R., a youngster who entered foster care in 1984, and the Commissioner of Social Services' failure to timely file a required review petition. The Commissioner initiated the proceeding over a year late and subsequently moved to withdraw it, arguing the court lost jurisdiction because Carmelo had turned 18 years old during its pendency. The court rejected this jurisdictional argument, holding that jurisdiction continues when a foster care proceeding is initiated while the child is under 18, to avoid absurd outcomes and ensure entitled care. The court emphasized that statutory interpretation must not lead to absurd results or reward noncompliance, especially when it concerns vulnerable children. Consequently, the Commissioner's motion to withdraw was denied, and the case was calendared for further proceedings.

Foster CareJurisdictionStatutory InterpretationSocial Services LawFamily Court ActAge of MajorityChild WelfareLate FilingJudicial ReviewDue Process
References
4
Case No. MISSING
Regular Panel Decision
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
Case No. MISSING
Regular Panel Decision

Matter of Palazzolo v. Dutchess County

Claimant sustained a work-related injury to her left arm in July 2000. Although no lost wages were claimed initially, diagnostic tests were authorized, and issues of permanency and average weekly wages remained unresolved, with a directive for the employer to provide payroll records. In 2013, after claimant sought further medical treatment, the employer requested to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a, arguing the statutory time limits had elapsed. A Workers’ Compensation Law Judge denied this request, finding the case was never truly closed due to outstanding issues and unfulfilled directives. The Workers’ Compensation Board affirmed this decision, which was subsequently appealed. The appellate court affirmed the Board’s determination, concluding that substantial evidence supported the finding that further proceedings were contemplated, thus preventing the case from being considered truly closed for the purpose of shifting liability.

Workers' CompensationSpecial Fund for Reopened CasesLiability TransferCase ClosureOutstanding IssuesPermanency DeterminationAverage Weekly WagesPayroll RecordsAppellate ReviewNew York Labor Law
References
7
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
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