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

In re the Arbitration between Rochester Independent Workers & General Dynamics/Electronics Division

This case involves a motion by the Rochester Independent Workers, Local No. 1 (Union) to compel arbitration against General Dynamics/Electronics Division (Company). The grievance concerned a reduction in force, lay-offs, and the transfer of work out of the bargaining unit. The Union claimed violations of the Recognition and Management Rights articles of their collective bargaining agreement. The Company argued that its right to subcontract and assign work was an exclusive management prerogative explicitly excluded from arbitration by the agreement. The court, referencing Federal precedents, determined that the agreement's language clearly excluded such matters from arbitration and, therefore, denied the Union's motion to compel arbitration.

arbitrationlabor disputecollective bargaining agreementsubcontractingmanagement rightsgrievance procedurelay-offunionfederal court decisionscontract interpretation
References
10
Case No. MISSING
Regular Panel Decision

Fabijanic v. Sperry Gyroscope Division

Petitioner Nicholas Fabijanic, representing the Engineers Union, sought to compel Sperry Gyroscope Division and Sperry Systems Management Division to arbitrate a grievance concerning a collective bargaining agreement. The dispute arose after Systems' employees, previously working at the Mississippi Test Facility (MTF) on the National Data Buoy Project, were offered employment with Sperry Space Support, another division, which would result in loss of union coverage. The Union contended the agreement should still apply. The court denied the motion, ruling that the employees had voluntarily accepted employment with an autonomous entity not party to the agreement, thus making the grievance non-arbitrable under the existing contract.

ArbitrationCollective Bargaining AgreementGrievanceUnion RepresentationEmployee TransferSperry Rand CorporationNational Labor Relations BoardFederal CourtLabor LawEmployer-Employee Relations
References
3
Case No. 2023 NY Slip Op 01287 [214 AD3d 785]
Regular Panel Decision
Mar 15, 2023

Mora v. 1-10 Bush Term. Owner, L.P.

John Mora, an injured plaintiff, along with his wife, sued 1-10 Bush Terminal Owner, L.P. after he fell from a ladder during demolition work, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' cross-motion for summary judgment on the issue of liability. The defendant appealed this decision, challenging the grant of summary judgment. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiffs had established a prima facie case and the defendant failed to raise a triable issue of fact.

Personal InjuryLadder AccidentDemolition WorkSummary JudgmentAppellate ReviewLabor Law § 240 (1)Proximate CauseNondelegable DutyElevated Work SitesSafety Devices
References
15
Case No. 2018 NY Slip Op 01255 [158 AD3d 565]
Regular Panel Decision
Feb 22, 2018

Pena v. Jane H. Goldman Residuary Trust No. 1

Juan Pena, an injured worker, sued Jane H. Goldman Residuary Trust Number 1 and Sol Goldman Investments, LLC (SGI) under Labor Law § 240 (1) after sustaining injuries from a fall off an unsecured and wobbling ladder. The Supreme Court, Bronx County, initially granted Pena partial summary judgment on the issue of liability against SGI. SGI appealed this decision. The Appellate Division, First Department, affirmed the lower court's ruling, finding that Pena's deposition testimony sufficiently established his entitlement to judgment as a matter of law. The court concluded that SGI failed to raise a triable issue of fact, particularly regarding the provision of adequate safety devices or whether Pena was the sole proximate cause of the accident.

Summary judgmentLabor Law § 240(1)Ladder accidentUnsecured ladderFall from heightConstruction site accidentAppellate decisionPrima facie caseTriable issue of factProximate cause
References
4
Case No. 2025 NY Slip Op 03130 [238 AD3d 589]
Regular Panel Decision
May 22, 2025

Empanada Fresca LLC v. 1 BK St. Corp.

Empanada Fresca LLC (tenant) and Jose Rodriguez (guarantor) appealed a Supreme Court order regarding their lease dispute with 1 BK Street Corp. (landlord), which involved claims of fraud, breach of lease, and a "good guy" guaranty. The Appellate Division affirmed the dismissal of the tenant's claims for fraudulent inducement, rescission, promissory estoppel, and breach of implied covenant, deeming them duplicative or inapplicable. However, the court modified the lower court's decision, granting summary judgment to the guarantor, Jose Rodriguez, thereby dismissing the landlord's counterclaim for breach of guaranty. This modification was based on the finding that the guarantor had substantially complied with the terms of the "good guy" guaranty, despite a three-day short notice to vacate, as the landlord suffered no prejudice. Additionally, the Appellate Division upheld the tenant's right to amend its complaint to seek consequential damages, citing public policy against parties avoiding liability for gross negligence.

Contract LawCommercial LeaseFraudulent InducementBreach of LeaseGood Guy GuarantySummary JudgmentAppellate ReviewRent AbatementPre-Existing ConditionsGas Service Interruption
References
15
Case No. MISSING
Regular Panel Decision
Aug 23, 2023

Nusio v. Legend Autorama, Ltd.

Donald J. Nusio, an injured plaintiff, and his wife sued Legend Autorama, Ltd. for personal injuries sustained while fixing a garage door on the defendant's premises. The plaintiff fell from a slipping ladder, alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The defendants moved for summary judgment to dismiss the complaint. The Supreme Court initially denied this motion, then upon reargument, adhered to its denial for Labor Law § 200 and common-law negligence but granted it for Labor Law §§ 240(1) and 241(6). On appeal, the Appellate Division, Second Department, affirmed the denial of summary judgment regarding Labor Law § 200 and common-law negligence. Crucially, it reversed the lower court's decision on the cross-appeal, thereby adhering to the original denial of summary judgment for Labor Law §§ 240(1) and 241(6). Ultimately, the Appellate Division determined that triable issues of fact existed for all alleged causes of action, denying the defendants' motion for summary judgment in its entirety.

Personal InjurySummary JudgmentAppellate ReviewLabor Law § 200Common-Law NegligenceLabor Law § 240(1)Labor Law § 241(6)Dangerous ConditionWork Site SafetyGarage Door Repair
References
10
Case No. MISSING
Regular Panel Decision
Jan 22, 1990

Giles v. State Division of Human Rights

Respondent Universal Instruments Corporation laid off approximately 1,000 employees due to a drastic reduction in customer orders. Four female employees (petitioners) who were laid off in August 1985 filed discrimination complaints with the State Division of Human Rights, alleging sex and/or age discrimination. The Division conducted investigations and found no probable cause. Petitioners then sought judicial review, and the Supreme Court annulled the Division's determinations, remitting the matters for further proceedings. This appellate court reversed the Supreme Court's judgments, finding that the appropriate standard of review for the Division's no probable cause determinations was whether they were arbitrary and capricious or lacked a rational basis. Applying this standard, the court concluded that the Division rationally found an insufficient factual basis for unlawful discrimination, as the layoffs were due to economic necessity and the need to retain qualified workers, and the investigative process was fair. Therefore, the Division's no probable cause determinations were improperly annulled.

Employment DiscriminationSex DiscriminationAge DiscriminationLayoffsEconomic ReasonsProbable CauseJudicial ReviewArbitrary and Capricious StandardRational Basis ReviewAdministrative Determinations
References
4
Case No. 2021 NY Slip Op 00602
Regular Panel Decision
Feb 04, 2021

Matter of Storms v. BOCES Erie No. 1

Claimant Michael Storms sustained work-related injuries, and his employer, Boces Erie No. 1, continued wage payments during his disability. The employer, however, failed to file a timely request for reimbursement of these wages. A Workers' Compensation Law Judge initially credited the employer for wages paid, but the claimant disputed this entitlement. The Workers' Compensation Board subsequently modified the decision, ruling that the employer had waived its right to reimbursement due to the untimely filing. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that formal requests are necessary and a belated oral reference was insufficient.

Workers' CompensationReimbursementWage PaymentsTimelinessAppellate ReviewWCLJ DecisionBoard ModificationWaiver of RightsDisability BenefitsEmployer Obligation
References
9
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
Case No. 213 AD3d 601
Regular Panel Decision
Feb 23, 2023

Contreras v. Mall 1-Bay Plaza, LLC

This case involves an appeal concerning claims for contribution and indemnification against a third-party defendant, Electrical Illuminations by Arnold Inc., by Mall 1-Bay Plaza, LLC, the third-party plaintiff. The claims arose from an injury sustained by the plaintiff, Julio Contreras. The Supreme Court, Bronx County, granted the third-party defendant's motion to dismiss the third-party complaint. The Appellate Division, First Department, affirmed this decision, finding the claims barred by Workers' Compensation Law § 11. The court concluded that there was no allegation of a 'grave injury' and no written contract for indemnification or contribution was entered into prior to the accident with retroactive effect. Additionally, the claim for breach of contract for failure to procure insurance was also dismissed.

Workers' Compensation LawIndemnification AgreementContribution ClaimsGrave InjuryRetroactive ContractBreach of ContractFailure to Procure InsuranceMotion to DismissAppellate ReviewContract Interpretation
References
6
Showing 1-10 of 8,069 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