CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 28, 2008

People v. Beauharnois

This case is an appeal from a judgment convicting the defendant of sexual abuse, course of sexual conduct, predatory sexual assault, predatory sexual assault against a child, and endangering the welfare of a child. The conviction stemmed from a victim's testimony detailing years of sexual abuse by the defendant, corroborated by a pediatrician's expert medical testimony. On appeal, the defendant challenged the verdict's weight of evidence and argued that the course of sexual conduct conviction was a lesser included offense of predatory sexual assault. The appellate court affirmed the jury's credibility findings and the medical evidence. It modified the judgment by dismissing the conviction for course of sexual conduct as a lesser included offense, but upheld the conviction for endangering the welfare of a child and the sentences imposed.

Sexual abusePredatory sexual assaultChild endangermentLesser included offenseAppellate reviewVictim credibilityExpert medical testimonyCriminal convictionSentencingJudicial discretion
References
24
Case No. 2004 NY Slip Op 24048 [3 Misc 3d 347]
Regular Panel Decision
Feb 25, 2004

Johnson v. Hudson Riv. Constr. Co., Inc.

This case addresses motions for summary judgment filed by defendants Hudson River Construction Co., Inc., Albany Asphalt & Aggregates Corp., and Robert C. Higley. The plaintiff, Carlynann V. Johnson, individually and as administratrix of the estate of Warren D. Johnson, sought damages for the death of Warren D. Johnson, who was crushed by a truck at a construction site. Defendants argued that Vehicle and Traffic Law § 1103 limited their liability to reckless conduct, eliminating a duty of care. The court denied the motions, holding that defendants failed to demonstrate a lack of duty to Johnson as an employee at a construction site and misapplied VTL § 1103, which does not apply to construction workers. The court also found that the defendants failed to establish that Johnson was the sole proximate cause of his injuries.

Summary Judgment MotionNegligence ActionConstruction Site FatalityWorkplace Safety DutyVehicle and Traffic Law InterpretationProximate Cause DisputeThird-Party LiabilityWrongful Death ClaimEmployer ResponsibilityHighway Construction Accident
References
14
Case No. CA 13-01421
Regular Panel Decision
Nov 21, 2014

MAZELLA, JANICE v. BEALS, M.D., WILLIAM

This case involves a medical malpractice and wrongful death action where William Beals, M.D. (defendant) appealed an amended judgment awarding money damages to Janice Mazella, as administratrix of the estate of Joseph Mazella, deceased (plaintiff). The defendant sought to set aside the jury's verdict, contending that the evidence was legally insufficient to establish a prima facie case of medical malpractice and that the verdict was against the weight of the evidence. The Appellate Division affirmed the amended judgment, finding a valid line of reasoning supported the jury's conclusion that the defendant deviated from the standard of care, proximately causing the decedent's injuries. The court also rejected the defendant's arguments regarding the admission of certain documents and the absence of a special verdict sheet. A dissenting opinion argued that intervening medical treatment severed the causal connection between the defendant's negligence and the decedent's suicide, and that an evidentiary error regarding a consent agreement with the Office of Professional Medical Conduct deprived the defendant of a fair trial.

Medical MalpracticeWrongful DeathProximate CauseNegligenceJury VerdictPosttrial MotionEvidentiary ErrorExpert TestimonyConsent AgreementOffice of Professional Medical Conduct
References
26
Case No. 2018 NY Slip Op 04859 [162 AD3d 1673]
Regular Panel Decision
Jun 29, 2018

Kipp v. Marinus Homes, Inc.

Plaintiff Robert Kipp commenced an action seeking damages for injuries sustained after falling from a ladder on a construction project, alleging a violation of Labor Law § 240 (1). The Supreme Court, Oneida County, denied Kipp's motion for partial summary judgment and partially denied motions by defendants and a third-party defendant seeking to dismiss the complaint. On appeal, the Appellate Division, Fourth Department, modified the order. The Appellate Division granted the defendants' and third-party defendant's motions, dismissing the Labor Law § 240 (1) claim against the defendants. The court determined that the plaintiff's own conduct was the sole proximate cause of his injuries because adequate safety devices were available, and he either misused or failed to properly use them, despite his claims about ladder placement. The dissenting opinion argued against finding sole proximate cause given the nondelegable duty to properly place safety devices.

Construction AccidentLadder FallLabor Law ViolationSole Proximate CauseSafety DevicesSummary JudgmentAppellate ReviewContractual IndemnificationThird-Party ActionWorker Negligence
References
11
Case No. MISSING
Regular Panel Decision

Lazo v. Mak's Trading Co.

The plaintiff, a tractor-trailer operator, delivered rice to the defendant, a New York City wholesale grocer. The defendant hired three men to unload the trailer, one of whom injured the plaintiff during an altercation. The court affirmed the Appellate Division's order, concluding that the defendant did not exercise sufficient control over the day laborers to establish vicarious liability. The decision highlighted that the unloaders worked at their convenience, were not on payroll, and received a single cash payment. Additionally, the court found no duty for the defendant to conduct background checks for this 'as-needed' task.

vicarious liabilityindependent contractorday laborerspersonal injuryemployer liabilityduty to inquireworker controlnegligenceAppellate Division
References
0
Case No. MISSING
Regular Panel Decision

Christey v. Gelyon

A plaintiff sued a co-employee defendant for injuries sustained during alleged horseplay. The defendant asserted a Workers' Compensation Law defense, claiming the suit was barred because the parties were co-employees. Special Term initially struck this defense and denied summary judgment for the defendant. On appeal, the order was modified; the affirmative defense was reinstated, and the order, as modified, was affirmed. The court clarified that injuries from co-employee horseplay can be compensable, but an action against a co-employee might be permissible if the conduct was excessive or occurred outside the scope of employment after horseplay terminated. A question of fact remained regarding whether the acts occurred within the scope of the defendant's employment.

Workers' CompensationCo-employee LiabilityHorseplayScope of EmploymentSummary JudgmentAffirmative DefenseAppellate ReviewPersonal InjuryIntentional ActsExclusivity of Remedy
References
9
Case No. MISSING
Regular Panel Decision

Klein v. Man Sui

The plaintiff, a police officer, sought damages under General Municipal Law § 205-e for injuries sustained while apprehending the defendant. The defendant had fled a traffic stop and subsequently pleaded guilty to disorderly conduct. The Supreme Court granted the plaintiff's motion for partial summary judgment on liability. The appellate court affirmed, finding that the plaintiff adequately identified the violated statute and described the injury, establishing a causal connection between the defendant's actions and the injury. The defendant's opposition, based on a chiropractor's affidavit regarding the plaintiff's pre-existing back condition, was deemed insufficient to raise a triable issue of fact concerning causation, although it may be relevant for damages apportionment.

Police Officer InjuryGeneral Municipal Law 205-eSummary JudgmentLiabilityCausationPre-existing ConditionWorkers' Compensation BenefitsDisorderly ConductTraffic StopApprehension
References
6
Case No. MISSING
Regular Panel Decision
Jun 03, 1998

People v. Butler

The defendant was convicted of robbery in the second degree for participating in the theft of personal items from a woman in Albany. The defendant appealed the judgment, challenging two showup identifications as unduly suggestive and claiming the victim's intoxication rendered the identification procedure suggestive. The court found that the showup identifications were conducted in close geographic and temporal proximity to the crime and were not suggestive. Furthermore, the court rejected the claim that the victim's intoxication made the procedure unduly suggestive, noting it was a point for cross-examination at trial. The court also dismissed the defendant's claim regarding being unadvised of grand jury proceedings, stating the motion was untimely and the People had satisfied their burden by timely notifying the defendant's attorney. The judgment of conviction was affirmed.

RobberySecond Degree RobberyShowup IdentificationGrand Jury ProceedingsAdmissibility of EvidenceDue ProcessCriminal Procedure LawAlbanyAppealWitness Identification
References
7
Case No. MISSING
Regular Panel Decision

People v. Whiting

The defendant appealed a judgment from Albany County Court convicting him of two counts of criminally negligent homicide and an order denying his motion to vacate the conviction. The defendant, after consuming alcohol, caused a car accident resulting in two deaths. Although the Probation Department recommended probation due to the defendant's unblemished record and good conduct during pretrial release, the County Court imposed a maximum sentence of four years imprisonment, emphasizing deterrence. The appellate court, while acknowledging deterrence as a valid sentencing criterion, exercised its discretion to modify the sentence. Considering the defendant's background, rehabilitation not being necessary, and the long-term impact of the tragedy, the court reduced the sentence to 60 days imprisonment in Albany County Jail and a term of probation, including participation in an alcohol abuse education program.

Criminally Negligent HomicideSentencingAppealAbuse of DiscretionHarsh and Excessive SentenceDeterrenceRehabilitationProbationAlcohol AbuseVehicle Accident
References
7
Case No. MISSING
Regular Panel Decision

People v. Pierce

The defendant was convicted of multiple sexual offenses, including sodomy and aggravated sexual abuse, against two minor victims in Broome County. The conviction was based on incidents occurring on June 28, 1997. Defendant appealed the County Court's decision allowing one victim to testify via two-way closed-circuit television due to being a vulnerable witness, a decision affirmed by the appellate court due to factors like the heinous nature of the crime and defendant's position of authority. Defendant's appeals regarding the sufficiency of evidence for physical injury in the aggravated sexual abuse charge and allegations of prosecutorial misconduct were also rejected. However, the appellate court modified the sentence, directing that the sentences for aggravated sexual abuse in the first and third degrees run concurrently rather than consecutively, as they arose from the same conduct.

Sodomy First DegreeSodomy Second DegreeAggravated Sexual Abuse First DegreeAggravated Sexual Abuse Third DegreeSexual Abuse Second DegreeVulnerable WitnessClosed-Circuit Television TestimonyProsecutorial MisconductPhysical InjuryConcurrent Sentences
References
9
Showing 1-10 of 16,133 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational