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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

Spring-Gar Community Civic Ass'n v. Homes for the Homeless, Inc.

The Spring-Gar Community Civic Association, Inc. and J. Clifford Gadsden, representing Springfield Gardens residents, sought a permanent injunction against Homes for the Homeless, Inc. and the City of New York, opposing the establishment of a homeless shelter for 715 individuals. Plaintiffs alleged public and private nuisance, environmental violations under SEQRA and CEQR, and lack of proper community notification. Justice Martha K. Zelman denied the injunction, concluding that the operation of a homeless facility is not a nuisance per se and that the city's obligation to house the homeless, under emergency provisions, allows for immediate action without full environmental review. However, the court found merit in the plaintiffs' claim of insufficient community notice and directed the city to initiate an environmental proceeding. While dismissing the complaint, the court expressed sympathy for the community and urged the Legislature to enact laws promoting greater community involvement and preventing the concentration of large numbers of homeless individuals in single areas.

HomelessnessHousing CrisisPermanent InjunctionNuisance LawEnvironmental LawSEQRACEQRCommunity OppositionSocial Services LawUrban Development
References
17
Case No. MISSING
Regular Panel Decision
Oct 27, 2004

National Law Center on Homelessness & Poverty v. New York

This action was initiated by parents of homeless children in Suffolk County, New York, to enforce the McKinney-Vento Act and the Equal Protection Clause of the United States Constitution. The plaintiffs allege a systematic failure by the defendants to ensure homeless children's access to education, particularly regarding enrollment and transportation. The court denied the defendants' motion to dismiss, affirming that the McKinney-Vento Act creates individually enforceable rights and that the Equal Protection Clause claim warrants heightened scrutiny. Furthermore, the court granted the plaintiffs' motion for class certification, concluding that the class fulfilled all requirements under Federal Rules of Civil Procedure 23(a) and 23(b)(2). A bench trial is scheduled to begin on October 27, 2004.

McKinney-Vento ActEqual Protection ClauseHomeless ChildrenEducation RightsClass ActionClass CertificationMotion to DismissFederal Rules of Civil Procedure 23Federal Rules of Civil Procedure 12(b)(6)Suffolk County
References
44
Case No. 2020 NY Slip Op 06433 [188 AD3d 1401]
Regular Panel Decision
Nov 12, 2020

Matter of Minichiello v. New York City Dept. of Homeless Servs.

Claimant Thomas Minichiello appealed an amended decision by the Workers' Compensation Board regarding the applicability of the total disability provision in Workers' Compensation Law § 35 (2). After sustaining a back injury in 2009 and being awarded permanent partial disability benefits for a maximum of 350 weeks, claimant sought to be classified with a total industrial disability upon exhausting his benefit weeks. The Workers' Compensation Board denied his request, concluding that Workers' Compensation Law § 35 does not contemplate continuing awards beyond the statutorily capped weeks unless for extreme hardship under § 35 (3). The Appellate Division, Third Department, reversed the Board's decision, holding that the plain language of Workers' Compensation Law § 35 (2) allows claimants to apply for total industrial disability status at any time, irrespective of having exhausted maximum benefit weeks under § 15 (3) (w), and that this right is not exclusively tied to the extreme hardship provision of § 35 (3). The case was remitted to the Board for further proceedings.

Workers' Compensation LawTotal Industrial DisabilityPermanent Partial DisabilityStatutory InterpretationBenefit CapExtreme HardshipWage-Earning CapacityAppellate ReviewLegislative IntentWorkers' Compensation Board
References
9
Case No. MISSING
Regular Panel Decision

Canka v. Coalition for Homeless, Inc.

Shaban Canka, an employee of subcontractor 786 Iron Works Corp., sustained serious injuries after falling three stories through an unprotected stairwell opening at a construction site. The building was owned by Coalition for the Homeless, Inc., with B & J General Contractors, Inc. as the general contractor, who then subcontracted work to Cosa Development Corp. The Supreme Court granted the plaintiffs' motion for summary judgment on liability against the owner, general contractor, and subcontractor, citing violations of Labor Law §§ 240 and 241-a. Additionally, summary judgment for common-law indemnification was granted to Coalition and B & J against 786 Iron Works Corp., as they were held vicariously liable without directing or controlling the work. 786 Iron Works Corp. appealed these orders, but the appellate court affirmed all orders, including the denial of further discovery.

Personal InjuryConstruction AccidentLabor LawStatutory LiabilitySummary JudgmentIndemnificationSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityFall from Height
References
12
Case No. MISSING
Regular Panel Decision

Carter v. Caring for the Homeless of Peekskill, Inc.

This Title VII action concerns a male employee, Mr. Larry Carter, who alleged sexual harassment and constructive discharge by Dr. Janet Foy, Chairman of the Board of Directors of his employer, Caring for the Homeless of Peekskill, Inc. The alleged harassment followed the termination of a consensual sexual relationship between Carter and Foy. After a jury found in favor of Carter, the defendants moved for judgment notwithstanding the verdict. The court examined the alleged incidents of harassment, including off-premises confrontations and a request for resignation, and concluded that they did not constitute a hostile work environment or constructive discharge under Title VII standards. The court determined that the issues arose from a 'failed affair' rather than workplace harassment. Consequently, the defendants' motion was granted, and judgment was entered in their favor.

Sexual HarassmentConstructive DischargeTitle VIIJury Verdict OverturnedJudgment Notwithstanding VerdictHostile Work EnvironmentFailed Personal RelationshipEmployment LawFederal District CourtEmployee Rights
References
11
Case No. MISSING
Regular Panel Decision

Council of City v. Department of Homeless Services

The New York City Department of Homeless Services (DHS) implemented a new Eligibility Procedure for Temporary Housing Assistance (THA) applicants. The Council of the City of New York (City Council) filed a declaratory judgment action, asserting DHS failed to comply with the notice and hearing requirements of the New York City Administrative Procedure Act (CAPA). The court affirmed lower court rulings, determining that DHS's procedure constitutes a 'rule' under CAPA, requiring public notice and hearings. The court rejected DHS's arguments that the procedure involved sufficient discretion or fell under an exemption, emphasizing the mandatory nature of the procedure and its substantial impact on eligibility determinations. Consequently, the Eligibility Procedure is unenforceable until DHS adheres to CAPA's procedural mandates.

Administrative LawRulemakingDeclaratory JudgmentHomeless ServicesTemporary Housing AssistanceNew York City CharterCAPASAPAAgency DiscretionProcedural Requirements
References
14
Case No. MISSING
Regular Panel Decision
Jan 29, 1987

Barnes v. Koch

The case involves an application for a preliminary injunction by homeless families to close the Catherine Street Shelter due to health hazards, specifically lead-based paint and asbestos. Following a temporary restraining order and subsequent renovations by the City of New York, the court conducted hearings on the adequacy of lead abatement and maintenance. Medical experts presented conflicting testimony regarding the safety of the shelter. The court, while acknowledging the governmental obligation to provide safe shelter, granted the preliminary injunction in part. It imposed conditions including prohibiting stays longer than 30 days, excluding families with young children, pregnant women, or mentally retarded members, and mandating strict adherence to the City's promised maintenance and inspection plan, along with prominent warning signs.

HomelessnessShelter ConditionsLead PoisoningPreliminary InjunctionHealth HazardsPublic HealthAdministrative DiscretionEquitable PowerTenant RightsGovernmental Obligation
References
11
Case No. MISSING
Regular Panel Decision
Feb 26, 1990

Manhattan Valley Neighbors for Permanent Housing For Homeless v. Koch

The Supreme Court, New York County, affirmed the dismissal of a CPLR article 78 petition brought by petitioners challenging a Board of Estimate decision. Petitioners sought to annul the Board's approval of a plan to rehabilitate city-owned buildings in Manhattan for transitional housing for approximately 71 homeless families, proposing instead permanent housing. They contended the project required an environmental impact statement (EIS) due to the transitional nature of the residency. The court found that the city properly classified the project as a Type II action, exempt from EIS requirements under SEQRA and CEQR, as it involved replacement in kind and not new construction. The court concluded that the Board of Estimate did not act illegally or arbitrarily in exempting the project from an EIS.

Environmental LawAdministrative LawArticle 78 PetitionSEQRACEQRTransitional HousingHomelessnessUrban DevelopmentType II ActionJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

Jackson v. New York City Department of Homeless Services

Audrey Jackson sued the New York City Department of Homeless Services (DHS) and the City of New York for gender discrimination, alleging violations of federal, state, and local laws. Jackson claimed she was denied a promotion to Motor Vehicle Supervisor (MVS) due to her gender, despite being more qualified than the selected male candidate. The City Defendants moved for summary judgment, arguing Jackson could not establish a prima facie case of discrimination or retaliation and that legitimate non-discriminatory reasons existed. The court granted summary judgment in part, dismissing Jackson’s claims of retaliation, unequal wages, and state and local law violations. However, the motion was denied for Jackson’s Title VII claim, as a reasonable jury could find that the DHS’s failure to promote Jackson was motivated by sex discrimination, citing inconsistent explanations from the defendants and instances of gender-based harassment.

Gender DiscriminationTitle VIIEmployment DiscriminationSummary Judgment MotionFailure to PromoteHostile Work EnvironmentPrima Facie EvidencePretextual ReasonsDisparate TreatmentFederal Civil Rights
References
25
Case No. MISSING
Regular Panel Decision
Feb 24, 1987

Greenpoint Renaissance Enterprise Corp. v. City of New York

This case involves an appeal concerning the City of New York's plan to increase the number of buildings used as a shelter for homeless men at the Greenpoint Hospital site. Petitioners, including the Greenpoint Renaissance Enterprise Corporation, sought compliance with the Uniform Land Use Review Procedure (ULURP) and the filing of an environmental impact statement (EIS), and an injunction against using the West Building. The Supreme Court initially granted relief. On appeal, the judgment was modified, deleting findings on environmental impact and vacating the injunction. The appellate court found that the Supreme Court exceeded its jurisdiction by making administrative decisions regarding environmental impact and that an emergency exemption applied to the West Building, allowing the city to proceed.

Homeless Shelter ExpansionEnvironmental ReviewLand Use ProcedureInjunctionEmergency ExemptionGreenpoint HospitalSEQRA ComplianceCEQR ComplianceULURP ComplianceJudicial Review Scope
References
6
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