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. 2019 NY Slip Op 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. 2021 NY Slip Op 06892
Regular Panel Decision
Dec 09, 2021

Matter of Chloe L. (Samantha L.)

The Schoharie County Department of Social Services appealed a Family Court order dismissing its petition to adjudicate Chloe L. as an abused and/or neglected child by her mother, Samantha L. Family Court dismissed the abuse claim, finding no sexual gratification purpose in shaving the child, and also dismissed neglect allegations despite crediting the child's testimony. The Appellate Division, Third Department, reversed the dismissal of the neglect allegations, finding that the Family Court erred in its assessment of evidence regarding respondent showing the child a sexual device, inviting the child to remain during intercourse, and showing her pornography. The Appellate Court concluded that neglect was proven by a preponderance of the evidence and remitted the matter to Family Court for a dispositional hearing.

Child NeglectChild AbuseFamily Court Act Article 10Appellate DivisionReversalRemittalSexual MisconductPornographyCredibility DeterminationsPreponderance of Evidence
References
12
Case No. 2018 NY Slip Op 06966
Regular Panel Decision
Oct 18, 2018

Matter of Lacee L. (Dekodia L.)

Stephanie L., a mother with an intellectual disability, appealed a Family Court decision, affirmed by the Appellate Division, concerning the Administration for Children's Services' (ACS) efforts towards family reunification with her infant daughter, Lacee L. Stephanie L. argued that ACS failed to provide

Disability RightsAmericans with Disabilities ActFamily Court ActChild WelfareFamily ReunificationReasonable EffortsReasonable AccommodationParental RightsNeglect ProceedingsAppellate Review
References
30
Case No. 2021 NY Slip Op 01533 [192 AD3d 1344]
Regular Panel Decision
Mar 18, 2021

Matter of Micah L. (Rachel L.)

This case concerns the appeal of Rachel L. and Robert L. from an order of the Family Court of Broome County, which granted the Broome County Department of Social Services' application to adjudicate their child, Micah L., as abandoned and terminated their parental rights. The Appellate Division, Third Department, reviewed the Family Court's findings, which established by clear and convincing evidence that both the mother and father failed to maintain contact with the child or the agency during the statutory six-month period. The court affirmed the termination of parental rights, concluding that the parents did not prove inability to maintain contact or that they were prevented from doing so, and that termination was in the child's best interests.

Parental Rights TerminationChild AbandonmentSocial Services Law § 384-bAppellate ReviewFamily CourtBest Interests of ChildDrug RehabilitationIncarcerationSupervised VisitationClear and Convincing Evidence
References
13
Case No. 2022 NY Slip Op 03321
Regular Panel Decision
May 19, 2022

Jackson v. Hunter Roberts Constr., L.L.C.

Plaintiff Robert Jackson sustained personal injuries after tripping and falling on a plywood ramp at a construction site while working as a plumber. He brought claims against the owner, Hunter Roberts Construction, L.L.C., and the general contractor, Bronx Parking Development Company, L.L.C., under Labor Law § 200 and for common-law negligence. The Supreme Court initially granted the defendants' motion for summary judgment. However, the Appellate Division modified this order, denying the defendants' motion and reinstating the Labor Law § 200 and common-law negligence claims, citing unresolved triable issues of fact concerning constructive notice of the alleged dangerous condition.

Personal InjuryConstruction Site AccidentSummary JudgmentLabor LawCommon-Law NegligenceDangerous ConditionConstructive NoticeAppellate ReviewTriable Issues of FactPlywood Ramp
References
4
Case No. 2014 NYSlipOp 06780 [121 AD3d 450]
Regular Panel Decision
Oct 07, 2014

Arner v. RREEF America, L.L.C.

Plaintiff Andrew Arner initiated an action to recover for injuries sustained after allegedly tripping and falling on a Masonite board in a building undergoing construction. The building owners and managers, RREEF America, L.L.C., et al., filed a third-party complaint against several contractors, seeking contractual and common law indemnification, contribution, and alleging failure to procure insurance. Third-party defendants Coda Interiors and Adelphi Restoration Corp. moved for summary judgment. The Appellate Division modified the lower court's order, granting Adelphi's motion to dismiss the breach of contract claim for failure to procure insurance. The court found that Adelphi had procured the required insurance, and the remaining appeals were otherwise affirmed.

Summary JudgmentContractual IndemnificationCommon Law IndemnificationContributionBreach of ContractFailure to Procure InsuranceThird-Party ActionConstruction AccidentPremises LiabilityAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. 2025 NY Slip Op 03972 [240 AD3d 409]
Regular Panel Decision
Jul 01, 2025

Matter of K.J.L. v. C. L.

The Appellate Division, First Department, affirmed a Family Court decision that terminated a mother's parental rights due to permanent neglect. The children, K.J.L. and another, had been in foster care for over three years, and their foster parents wished to adopt them. The mother, C.L., failed to complete her service plan, which included substance abuse and mental health treatment. The court found that termination was in the children's best interests, rejecting a suspended judgment due to the mother's unresolved difficulties. The wishes of the older child to return to the mother were noted but not legally binding as the child is under 14.

Permanent NeglectParental Rights TerminationBest Interests of ChildrenFoster CareService Plan FailureSubstance Abuse TreatmentMental Health TreatmentSpecial Needs ChildrenSuspended JudgmentAdoption Proceedings
References
7
Case No. MISSING
Regular Panel Decision

L & L Associates Holding Corp. v. Charity United Baptist Church

Petitioner L & L Associates Holding Corp. initiated a nonpayment eviction proceeding against Charity United Baptist Church for alleged rent arrears. The court, presided over by Judge Michael A. Ciaffa, examined the sufficiency of service of process. The petitioner attempted service by affixing the petition to the church door and mailing it to the church's address. The court ruled that this method was legally insufficient, stating that an unincorporated church, treated as an unincorporated association under New York law, must be sued by naming and serving a representative natural person, such as its president or treasurer, to establish jurisdiction. Consequently, the petition was denied, and the proceeding dismissed without prejudice due to improper service and a separate jurisdictional defect concerning the proof of rent demand.

EvictionNonpaymentUnincorporated AssociationService of ProcessReligious Corporations LawGeneral Associations LawRPAPL 735Jurisdictional DefectActual NoticeDue Process
References
6
Case No. MISSING
Regular Panel Decision
Sep 20, 2000

Heras v. P.S. 71 Associates, L. L. C.

In an action to recover damages for personal injuries, the plaintiff, a general laborer, was injured at a building construction site. The plaintiff sued P.S. 71 Associates, L. L. C., the owner and general contractor, and GM Construction & Waterproofing Corp., a subcontractor. P.S. 71 moved for summary judgment, claiming the plaintiff was its employee and thus barred from suing under Workers’ Compensation Law. GM Construction & Waterproofing Corp. also moved for summary judgment, arguing it was not hired until after the accident. The Supreme Court granted P.S. 71's motion and denied GM Construction & Waterproofing Corp.'s motion. On appeal, the order was reversed; P.S. 71's motion for summary judgment was denied, and the complaint against it reinstated, while GM Construction & Waterproofing Corp.'s motion for summary judgment was granted, and the complaint against it dismissed.

Personal InjuryConstruction AccidentSummary JudgmentAppellate ReviewEmployer LiabilitySubcontractor LiabilityWorkers Compensation DefenseRespondeat SuperiorTriable Issue of FactEvidentiary Proof
References
3
Showing 1-10 of 870 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