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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. MISSING
Regular Panel Decision
Nov 03, 1978

People v. Murray

The Supreme Court, Bronx County, rendered a judgment on November 3, 1978, convicting the defendant-appellant of criminal sale of a controlled substance in the third degree, which led to an appeal. The defendant failed to appear for a scheduled court appearance during pretrial proceedings but subsequently returned and entered a guilty plea. Initial discussions regarding a plea for a one-year minimum sentence were deemed conditional and non-binding due to the defendant's abscondence. The defendant ultimately entered a plea with the understanding of a three-year minimum sentence, with a provision for withdrawal if the probation report suggested a harsher punishment. The appellate court affirmed the judgment, highlighting the defendant's prior arrests for drug-related offenses and emphasizing the importance of upholding judicial rules against flouting court directives.

Criminal LawPlea BargainAbscondingControlled SubstanceAppellate ReviewSentencingJudicial DiscretionWithdrawal of PleaProbation ReportBronx County
References
0
Case No. 2024 NY Slip Op 03392
Regular Panel Decision
Jun 20, 2024

Matter of State of New York v. Anthony R.

This case concerns the appeal of an order civilly committing Anthony R. as a dangerous sex offender under Mental Hygiene Law article 10. Anthony R. had a history of sex offenses and prior confinement, followed by release under strict and intensive supervision and treatment (SIST). After a period of compliance, he violated SIST conditions due to changes in his medication and treatment. The Supreme Court ordered his recommitment based on these violations, including substance abuse and aggressive non-sexual behavior. The Appellate Division reversed this decision, holding that the State failed to demonstrate by clear and convincing evidence that Anthony R. is *presently unable* to control his sexual conduct. The court found no persuasive link between his non-sexual SIST violations and an inability to control sexual behavior. The case was remanded for a new commitment order, clarifying that Anthony R. requires continued strict and intensive supervision, but not confinement.

Mental Hygiene LawSex OffenderCivil CommitmentSISTMental AbnormalityDangerousness AssessmentControl BehaviorAppellate DivisionReversalRemand
References
6
Case No. MISSING
Regular Panel Decision
Mar 02, 1999

People v. Abdul

The defendant was convicted after a jury trial in the Supreme Court, New York County, of criminal sale of a controlled substance in the third degree and sentenced to a term of 2 to 6 years. The judgment was unanimously affirmed by the Appellate Division. The court determined that the verdict was based on legally sufficient evidence and there was no basis to disturb the jury's credibility determinations. The court properly denied the defendant’s preclusion motion regarding a statement made to Emergency Medical Services (EMS) personnel, finding no evidence that EMS workers acted as police agents and that the inquiry was not an interrogation. The appellate court also found no basis for a reduction of the sentence and rejected the defendant's remaining claims.

Criminal LawControlled SubstancesJury TrialEvidence SufficiencyPreclusion MotionPolice AgencyInterrogationSentence ReviewAppellate Affirmation
References
3
Case No. MISSING
Regular Panel Decision

Texas Ass'n of Business v. Texas Air Control Board

The Texas Association of Business (TAB) filed a declaratory judgment action against the Texas Air Control Board and the Texas Water Commission, challenging the constitutionality of statutes allowing these agencies to levy civil penalties. Specifically, TAB argued that provisions requiring a supersedeas bond or cash deposit for judicial review violated the open courts and jury trial provisions of the Texas Constitution. The trial court denied TAB's relief. On appeal, the Supreme Court of Texas affirmed the trial court's decision regarding the jury trial challenge, concluding that no right to a jury trial exists for appeals from administrative environmental adjudications. However, the Court reversed the trial court on the open courts challenge, holding that mandating a bond or cash deposit as a prerequisite to judicial review was an unreasonable and unconstitutional restriction on court access.

Constitutional LawAdministrative LawStandingJudicial ReviewOpen Courts ProvisionJury Trial RightEnvironmental LawCivil PenaltiesTexas ConstitutionSeparation of Powers
References
91
Case No. MISSING
Regular Panel Decision

Control Network Communications, Inc. v. International Brotherhood of Electrical Workers

Plaintiff Control Network Communications, Inc. (CNC) initiated an action against defendant International Brotherhood of Electrical Workers, Local Union No. 236, alleging breach of contract and fraud under the Labor Management Relations Act (LMRA). CNC contended that Local 236 violated a 'most favored nations' clause in their collective bargaining agreement by offering more favorable terms to another employer, Adirondack Cabling. CNC's grievance was ultimately denied by the Labor Management Committee (LMC). The court granted Local 236's motion to dismiss, finding the LMC's decision on the breach of contract claim to be final and binding due to CNC's failure to timely petition for vacation. Additionally, the court ruled that CNC's fraud claim was preempted by the LMRA, as its resolution required interpretation of the collective bargaining agreement.

Breach of contractFraud claimLabor Management Relations Act (LMRA)Most favored nations clauseCollective bargaining agreement (CBA)Grievance procedureMotion to dismissFederal preemptionLabor Management Committee (LMC)Final and binding determination
References
20
Case No. 2019 NY Slip Op 02281
Regular Panel Decision
Mar 26, 2019

Matter of Whiting-Turner Contr. Co. v. Environmental Control Bd. of the City of N.Y.

The Appellate Division, First Department, confirmed a determination by the Environmental Control Board of the City of New York, which found Whiting-Turner Contracting Company in violation of New York City Building Code § BC 3301.2 and imposed a penalty of $2,400. The court found substantial evidence to support the Board's determination that Whiting-Turner was the general contractor and thus responsible for safety measures at a mall construction site, where a worker was injured. The court also upheld the Board's limitation of administrative appellate review to the record established before the hearing officer, as petitioner failed to show good cause for admitting new records after the hearing.

Building Code ViolationGeneral Contractor LiabilityConstruction Site SafetyAdministrative ReviewCPLR Article 78Appellate DivisionEnvironmental Control BoardWork PermitSubstantial EvidenceRecord Review
References
1
Case No. MISSING
Regular Panel Decision

People v. Hinkein

The defendant appealed a judgment from the County Court of Columbia County, rendered on February 15, 2001, convicting her of three counts of criminal sale of a controlled substance in the third degree and one count of endangering the welfare of a child following a guilty plea. The defendant argued that the County Court erred in accepting her plea without first conducting a competency examination under CPL 730.20, given her history of manic depression. However, the Appellate Division found that the County Court did not abuse its discretion, citing correspondence from social workers indicating no mental status abnormalities and the defendant's capable responses during the plea colloquy. The appellate court also determined that the imposed sentence was neither harsh nor excessive, considering the defendant's criminal history and her use of a 12-year-old child as a drug courier. Consequently, the judgment of the County Court was affirmed.

Criminal sale of controlled substanceEndangering welfare of childGuilty pleaCompetency issueCPL 730.20Second felony offenderConcurrent sentenceManic depressionMental health assessmentAppellate review
References
13
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