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

Case No. CA 12-02386
Regular Panel Decision
Nov 08, 2013

PRICE TRUCKING CORP. v. AAA ENVIRONMENTAL, INC.

Price Trucking Corp. (plaintiff-respondent) commenced an action alleging that First Niagara Bank, N.A. (defendant-appellant) violated Lien Law article 3-A by automatically transferring funds from AAA Environmental, Inc.'s operational account into its line of credit account, which Price Trucking claimed constituted a diversion of Lien Law trust assets. The Supreme Court granted Price Trucking's motion for partial summary judgment, finding First Niagara liable as a Lien Law statutory trustee and that it had both actual and constructive notice of the diversion. The Appellate Division, Fourth Judicial Department, modified the order, denying Price Trucking's motion in its entirety. It concluded that First Niagara was not a statutory trustee under the facts and that the Supreme Court erred in applying a constructive notice standard, asserting that only actual notice is applicable to banks for the holder in due course defense under Lien Law § 72 (1).

Lien LawTrust AssetsHolder in Due CourseActual NoticeConstructive NoticeUniform Commercial CodeLender LiabilitySubcontractorsSummary JudgmentAppeal
References
10
Case No. MISSING
Regular Panel Decision
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
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. 05-17-00423-CV
Regular Panel Decision
Dec 31, 2018

Linda Dickens and Dickens Law, LLC v. Jason C. Webster, P.C. D/B/A the Webster Law Firm and Jason Webster

This case concerns a dispute between two lawyers, Linda Dickens and Jason C. Webster, over an alleged contingency fee sharing agreement in a wrongful death case. Webster sought a declaration that the agreement was unenforceable under Texas law, while Dickens counterclaimed for tortious interference and breach of contract, arguing Kansas law should apply. The trial court dismissed Dickens’s tortious interference claim under the TCPA and granted summary judgment to Webster. On appeal, the court reversed the dismissal of Dickens's tortious interference claim, finding sufficient evidence, but affirmed that Texas law applies and the fee sharing agreement is unenforceable due to a lack of written client consent as required by Texas Disciplinary Rules. The case is remanded for further proceedings on the tortious interference claim.

Fee Sharing AgreementTortious InterferenceTexas Citizens Participation ActCommercial Speech ExemptionChoice of LawProfessional Conduct RulesContingency FeesLegal EthicsSummary JudgmentAppellate Review
References
40
Case No. MISSING
Regular Panel Decision

ELG Utica Alloys, Inc. v. Department of Environmental Conservation

Petitioner Universal Waste, Inc. initiated an Article 78 proceeding to challenge the Commissioner of Environmental Conservation's denial of its application to reclassify a 21-acre parcel in Utica, Oneida County, from a Class 2 to a Class 3 inactive hazardous waste disposal site, or to have it removed from the registry entirely. The site, contaminated with polychlorinated biphenyls (PCBs) from a former scrap metal operation, had been designated a Class 2 site by the Department of Environmental Conservation (DEC) since 1985 due to a significant environmental threat, triggering a complex legal and administrative history. Despite an Administrative Law Judge's recommendation for reclassification to Class 3 following a hearing, the Commissioner ultimately denied the request in October 2011, concluding that petitioner failed to demonstrate the site no longer posed a significant threat to the environment. The Commissioner's decision highlighted the presence of massive quantities of PCBs, the absence of effective cleanup measures, and evidence of contamination exceeding state standards both on-site and migrating to the adjacent Mohawk River and wetlands. The Appellate Division affirmed the Commissioner's determination, dismissing the petition and finding no jurisdictional overreach, no substantial prejudice from a five-year delay in the decision, and that the Commissioner's findings were supported by substantial evidence.

Environmental LawHazardous WastePCB ContaminationSite ReclassificationAdministrative LawArticle 78 ProceedingEnvironmental Conservation Law (ECL)Inactive Hazardous Waste Site RegistryAppellate DivisionJudicial Review
References
20
Case No. MISSING
Regular Panel Decision

Liverpool v. S.P.M. Environmental Inc.

Plaintiff sought summary judgment on liability under Labor Law § 240 (1) after the decedent, Keith Liverpool, died from a 15-foot fall at a construction site caused by unsecured bar joists. The Supreme Court, Bronx County, denied the motion. The appellate court unanimously reversed, granting summary judgment on liability against defendants S.P.M. Environmental Inc., the general contractor, and Provech Realty Co., the owner. The court emphasized the absolute liability under Labor Law § 240 (1), ruling that arguments of comparative negligence or the decedent's employment status as an independent contractor were irrelevant to the defendants' statutory duty to provide proper safety devices.

Construction AccidentLabor Law § 240(1)Summary JudgmentAbsolute LiabilityFall ProtectionGeneral Contractor LiabilityProperty Owner LiabilityWorker SafetyAppellate ReversalComparative Negligence Irrelevant
References
10
Case No. 03-03-00174-CV
Regular Panel Decision
Mar 04, 2004

Juliff Gardens, L.L.C. v. Texas Commission on Environmental Quality

Juliff Gardens, L.L.C. (Juliff) appealed a district court judgment in favor of the Texas Commission on Environmental Quality (the Commission) regarding the constitutionality of Texas Health and Safety Code section 361.122. Juliff had an application to build a landfill in Brazoria County, and legislative enactment of section 361.122 mandated its denial, leading Juliff to challenge the statute as an unconstitutional local or special law. The district court granted the Commission's motion to dismiss for lack of jurisdiction, or alternatively, granted summary judgment to the Commission. The Court of Appeals reversed the dismissal, holding that the district court had jurisdiction, but affirmed the summary judgment, finding section 361.122 was not an unconstitutional local or special law due to reasonable classifications for landfill permits.

Landfill PermittingEnvironmental RegulationConstitutional LawLocal and Special LawsJurisdictionSummary JudgmentTexas Health and Safety CodeStatutory InterpretationCoastal CountiesWaste Management
References
36
Case No. MISSING
Regular Panel Decision

New York City Department of Environmental Protection v. New York City Civil Service Commission

The New York City Department of Environmental Protection (DEP) filed an Article 78 petition seeking to annul a determination by the New York City Civil Service Commission. The Commission had reversed an Administrative Law Judge's decision which sustained misconduct charges against respondent John Daly for striking a co-worker and threatening him. DEP argued the Commission improperly reassessed witness credibility, violating its mandate under Civil Service Law § 76 (2). The court confirmed the Commission's determination, finding that despite an improper transfer under CPLR 7804 (g), the Commission's decision was not arbitrary given the contradictory testimony, thus dismissing the petition.

Administrative LawArticle 78Judicial ReviewCivil Service LawPublic Employee MisconductCredibility AssessmentAgency DeterminationAppellate CourtArbitrary and Capricious StandardDue Process
References
4
Case No. MISSING
Regular Panel Decision
Aug 17, 2004

Askew v. New York City Department of Environmental Protection

The petitioner, acting as a union chairman, initiated a CPLR article 78 proceeding against the New York City Department of Environmental Protection and Christopher O. Ward. The petitioner challenged the reduction of engineers and their replacement with senior sewage treatment workers, alleging violations of the State and New York City Environmental Quality Review Acts (SEQRA/CEQR) for lack of an environmental impact statement, and Civil Service Law § 61 (2) for requiring out-of-title work. The Supreme Court dismissed the petition, finding the petitioner lacked standing for the environmental claim and that both causes of action were time-barred. On appeal, the order and judgment were affirmed, with the appellate court concurring that the petitioner lacked standing for both the SEQRA/CEQR and Civil Service Law claims, citing different reasons for the latter.

CPLR Article 78StandingSEQRA/CEQREnvironmental Impact StatementCivil Service LawOut-of-title workTime-barred claimsUnion representationPublic employmentAdministrative review
References
6
Case No. MISSING
Regular Panel Decision

New York City Coalition to End Lead Poisoning, Inc. v. Vallone

This case addresses whether the New York City Council adhered to the State Environmental Quality Review Act (SEQRA) when enacting Local Law No. 38 (1999), intended for lead paint abatement. The City Council issued a negative declaration, asserting no significant adverse environmental impact. However, the Court of Appeals found this declaration insufficient, specifically noting a lack of reasoned explanation for excluding lead dust from the hazard definition and removing six-year-old children from the law's protections. This non-compliance with SEQRA's procedural mandates led to the nullification of Local Law 38, thereby reinstating Local Law 1 (1982). The Court reversed the Appellate Division's decision and remitted the case, encouraging the involved parties to collaborate in safeguarding New York City's children from lead exposure.

Lead paint abatementEnvironmental lawSEQRA complianceLocal Law 38Local Law 1Negative declarationPublic health concernsChildhood lead poisoningAdministrative proceduresNew York City Council
References
21
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