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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
Apr 30, 1998

Nos v. Greenpoint Manufacturing & Design Center Local Development Corp.

Greenpoint Manufacturing and Design Center Local Development Corporation, the owner and lessor of a property, appealed an order denying its motion for summary judgment on common-law indemnification against S & G Woodworking, Inc. A worker employed by S & G was allegedly injured after falling from a ladder on Greenpoint's premises. The appellate court found no evidence that Greenpoint supervised or controlled the plaintiff's work, thus establishing its right to indemnification from S & G. The order was reversed, the motion for summary judgment was granted, and Greenpoint was deemed entitled to recover legal expenses incurred in defending the plaintiff's claims.

Personal InjuryCommon-law indemnificationSummary JudgmentAppellate DivisionWorker InjuryPremises LiabilityEmployer LiabilityLessor LiabilityThird-party actionLegal Expenses
References
4
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. MISSING
Regular Panel Decision

Claim of Joyner v. Event Design Associates, Inc.

Claimant was retained by Event Design Associates, Inc. (EDA) to transport furniture and event props for a party. While en route to a hotel during this assignment, claimant was involved in an automobile accident and sustained serious injuries. Subsequently, claimant applied for workers' compensation benefits, asserting an employer-employee relationship with EDA. The Workers' Compensation Board ruled in favor of the claimant, finding that an employment relationship existed. EDA appealed this decision. The Appellate Division affirmed the Board's ruling, concluding there was substantial evidence to support the finding of an employer-employee relationship, based on factors such as EDA's control over the work, method of payment, and right to terminate.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceControl TestAppellate ReviewAutomobile AccidentNew YorkWorkers' Compensation BoardTemporary Employment
References
4
Case No. 2021 NY Slip Op 02756 [194 AD3d 421]
Regular Panel Decision
May 04, 2021

Mullins v. Center Line Studios, Inc.

This case involves an appeal concerning an order from the Supreme Court, New York County, regarding claims under Labor Law §§ 240 (1) and 200, and common-law negligence. The Appellate Division, First Department, modified the earlier order. It ruled that Center Line Studios, Inc. was entitled to summary judgment dismissing the Labor Law §§ 240 (1) and 200 claims because it was not a statutory agent and lacked supervisory control over the plaintiff's work. Additionally, NYC Production Core LLC's motion for summary judgment was granted, dismissing the complaint and cross-claims against it, with the exception of contractual indemnification claims, as it was identified as the plaintiff's special employer. A triable issue of fact was found to exist regarding Center Line Studios, Inc.'s potential common-law negligence in creating or exacerbating a dangerous condition.

Labor Law §§ 240(1)Labor Law §§ 200Common-Law NegligenceSummary JudgmentStatutory AgentSpecial Employer DoctrineContractual IndemnificationConstruction AccidentLadder Fall InjuryPremises Liability
References
12
Case No. MISSING
Regular Panel Decision

Excelsior Designs, Inc. v. Sheres

Excelsior Designs, Inc., a New York-based furniture distributor, sued Gregory Sheres, an Arizona resident and owner of Sheres Studio, Inc., for defamation, tortious interference with contractual relations, and unfair competition. Excelsior alleged that Sheres sent letters to its customers, accusing Excelsior of infringing on his furniture designs. Sheres filed a motion to transfer venue from the Eastern District of New York to the District of Arizona. The court denied the motion, finding that neither the convenience of witnesses nor access to evidence clearly favored either venue. The court also emphasized the plaintiff's choice of forum, concluding that Sheres had not met the burden to justify a transfer.

Venue TransferDefamationTortious InterferenceUnfair CompetitionIntellectual Property RightsMotion to TransferDistrict CourtCivil ProcedureForum Non ConveniensInterlocutory Motion
References
23
Case No. MISSING
Regular Panel Decision
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. ADJ2333678
Regular
Nov 14, 2016

BARBARA COTE vs. SOFA DESIGN CENTER, STATE COMPENSATION INSURANCE FUND

This case concerns Barbara Cote's workers' compensation claim against Sofa Design Center for injuries sustained in a 2001 fall. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The Board affirmed the Workers' Compensation Judge's (WCJ) reliance on Dr. John Lane's medical reports as substantial evidence, even though they contained inconsistencies regarding causation for a pre-existing shoulder injury. The WCJ's findings on permanent disability, apportionment, and temporary total disability were upheld, as the Board found Dr. Lane's opinions to be well-reasoned and supported by the evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJsubstantial medical evidencePlace v. Workmen's Comp. Appeals Bd.ApplicantDefendantDate of InjuryParts of Body InjuredTemporary Disability
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Forbes

Claimant, a psychiatric social worker, was reclassified as an 'independent contractor' by Brooklyn Center for Families in Crisis, Inc. for the last six months of her employment, receiving an hourly rate. The Unemployment Insurance Appeal Board subsequently ruled that the Center exercised sufficient direction and control over her work, establishing her status as an employee and thus her eligibility for unemployment insurance benefits. Despite the re-designation, the claimant continued to treat the same patients in the same manner on the Center’s premises, worked under a supervisor, and the Center established the fees. The court affirmed the Board’s ruling, concluding that substantial evidence supported the finding that claimant and similarly situated individuals were employees of the Center.

Unemployment InsuranceIndependent ContractorEmployee ClassificationPsychiatric Social WorkerEmployer ControlUnemployment Insurance Appeal BoardEmployee BenefitsEmployment StatusAppellate ReviewLabor Law
References
2
Case No. MISSING
Regular Panel Decision

Randi A.J. v. Long Island Surgi-Center

The dissenting opinion by Justice Krausman argues against the imposition of punitive damages on Long Island Surgi-Center for a negligent breach of patient confidentiality. The plaintiff's abortion information was accidentally disclosed to her parents, causing emotional distress. Justice Krausman contends that while the center's conduct involved negligence, it did not meet the high threshold of moral culpability, malice, or conscious disregard required for punitive damages, especially since the actions were motivated by health concerns and not malicious intent. The opinion distinguishes this case from others involving gross negligence or intentional wrongdoing. Furthermore, the New York State Department of Health has already investigated and mandated corrective actions for the center, making additional punitive measures unnecessary for deterrence. Therefore, Krausman advocates for modifying the judgment to eliminate the punitive damages award.

Punitive DamagesMedical ConfidentialityBreach of PrivacyAbortionNegligenceEmotional DistressAppellate DecisionSuffolk CountyDissenting OpinionTort Law
References
14
Case No. MISSING
Regular Panel Decision

Boodram v. Brooklyn Developmental Center

Plaintiff Indra Boodram sued her employer, Brooklyn Developmental Center, for sexual harassment, alleging a hostile work environment. A jury found in her favor, awarding $798,000 in damages. The court had previously dismissed a co-worker, Joseph Adiego, from the suit. The Brooklyn Developmental Center moved to set aside the verdict. The court largely affirmed the jury's findings on hostile work environment and most damage awards. However, it conditionally granted a new trial on damages, reducing the future lost earnings award from $392,000 to $350,000, contingent on the plaintiff's acceptance.

Hostile Work EnvironmentSexual HarassmentHuman Rights LawExecutive Law § 296Jury Verdict ReviewDamages AssessmentEmotional DistressLost EarningsPost-Traumatic Stress DisorderPsychiatric Expert Testimony
References
84
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