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

S.M. v. M.M.-M.

This case involves a matrimonial action between S.M. (plaintiff) and M.M-M. (defendant) concerning pendente lite relief, child support, maintenance, and the equitable distribution of marital assets, specifically the transfer of the husband's business (EA & D) to his daughter. The court granted the wife's request for the husband to continue paying all costs associated with maintaining the marital residence and awarded her $1,290 per month in temporary child support, retroactive to July 30, 2015. However, the court denied the wife's motion to determine if the transfer of EA & D was improper, reserving the issue for trial due to a factual dispute over the husband's intent. The court also denied the request for a forensic evaluation of EA & D and M. Studios, stating it lacked jurisdiction over the transferred business and that M. Studios had no assets to value. The court noted that if the transfer is later found improper, the wife could be awarded a greater share of remaining marital property.

divorce proceedingstemporary maintenancechild support awardmarital property disputebusiness asset transferequitable distribution factorsforensic accounting denialmatrimonial lawNew York Supreme Courtpendente lite relief
References
12
Case No. MISSING
Regular Panel Decision
Oct 31, 2007

M.M. ex rel. A.M. v. New York City Department of Education Region 9

Parents M.M. and H.M. sought a modified de novo review of administrative decisions concerning their autistic daughter A.M.'s Individualized Education Plan (IEP) for the 2005-2006 school year, provided by the New York City Department of Education (DOE). They alleged procedural and substantive violations of the Individuals with Disabilities Education Act (IDEA), claiming the IEP was inadequate and requesting tuition reimbursement for their unilateral private school placement. The Impartial Hearing Officer and State Review Officer had previously found the DOE's IEP appropriate and denied reimbursement. The District Court affirmed these administrative decisions, concluding that the DOE offered a Free Appropriate Public Education (FAPE) to A.M. and that the IDEA's pendency provision did not entitle the student to continued early intervention services during the dispute. Consequently, the plaintiffs' motion for reversal was denied, and the DOE's cross-motion for summary judgment was granted.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education PlanEarly Intervention ServicesSpecial EducationAutismDue ProcessTuition ReimbursementSummary JudgmentDe Novo Review
References
29
Case No. MISSING
Regular Panel Decision

M.T. ex rel. N.M. v. New York City Department of Education

The plaintiff, M.T., on behalf of her son N.M., challenged the State Review Officer's (SRO) decision denying tuition reimbursement for N.M.'s placement at the Rebecca School for the 2010-2011 school year. The SRO had reversed an Impartial Hearing Officer's (IHO) decision which found the New York City Department of Education (DOE) failed to provide N.M. with a Free Appropriate Public Education (FAPE). The District Court found that the SRO improperly relied on retrospective testimony regarding the possibility of extending a 1:1 transitional paraprofessional beyond the four months provided in the Individualized Education Program (IEP). Citing recent Second Circuit precedent (R.E. and Reyes), the court ruled that such retrospective adjustments are impermissible. Due to the court's lack of educational expertise and the unclear centrality of this error to the SRO's decision, both parties' motions for summary judgment were denied, and the case was remanded to the state administrative officers for further consideration in light of the Reyes decision.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education ProgramSpecial EducationSummary JudgmentRemandState Review OfficerImpartial Hearing OfficerRetrospective TestimonyTransitional Paraprofessional
References
27
Case No. MISSING
Regular Panel Decision

J.M. v. New York City Department of Education

This case involves parents (J.M. and N.M.) and their child (L.M.) seeking tuition reimbursement from the New York City Department of Education (DOE) for L.M.'s private school tuition at the Rebecca School for the 2011-12 school year. L.M., diagnosed with Pervasive Developmental Disorder and classified with Autism, was offered a Free Appropriate Public Education (FAPE) by the DOE, including an Individualized Education Program (IEP) and placement at the Hungerford School. The parents rejected the placement and unilaterally re-enrolled L.M. privately. The court, deferring to the State Review Officer's (SRO) decision over the Impartial Hearing Officer's (IHO) decision, found that the IEP's procedural deficiencies regarding the transition plan did not deprive L.M. of a FAPE when the IEP was viewed as a whole. Furthermore, the court determined that the parents' objections to the Hungerford School (size, noise, socialization concerns) were impermissibly speculative and did not demonstrate that Hungerford could not implement the IEP. Consequently, the court denied the plaintiffs' motion for summary judgment and granted the defendant's cross-motion for summary judgment, concluding that the DOE had offered L.M. a FAPE.

Individuals with Disabilities Education Act (IDEA)Free Appropriate Public Education (FAPE)Individualized Education Program (IEP)Tuition ReimbursementSpecial EducationAdministrative ReviewSummary JudgmentProcedural DeficienciesPlacement ChallengesAuditory Sensitivities
References
43
Case No. 2019 NY Slip Op 09251
Regular Panel Decision
Dec 24, 2019

Cioffi v. S.M. Foods, Inc.

This case involves an appeal regarding a personal injury action stemming from a police officer, Frederick M. Cioffi, being struck by a tractor-trailer operated by Daniel Burke during a traffic stop. The plaintiffs, Cioffi and his wife, alleged negligence and violations of General Municipal Law § 205-e against multiple defendants. The appellate court reviewed several aspects, including summary judgment on Burke's liability, vicarious liability claims against Russell McCall's, Inc. and Doug Jay, and the application of the Graves Amendment to Ryder Truck Rental, Inc. and PLM Trailer Leasing. Additionally, the court examined whether the injured plaintiff suffered a 'grave injury' under Workers' Compensation Law § 11 and the standard of care applicable to Officer Pinto's vehicle parking during a non-emergency operation. The court modified the lower court's order by granting plaintiffs' summary judgment on Burke's liability, denying dismissal of a cause of action against Russell McCall's Inc., and dismissing part of the third-party complaint regarding Pinto's parking.

Police Officer InjuryTraffic AccidentVehicle NegligenceVicarious LiabilityGraves AmendmentWorkers' Compensation LawGrave InjuryEmergency VehicleSummary JudgmentComparative Fault
References
53
Case No. MISSING
Regular Panel Decision

M. Cristo, Inc. v. State of New York Office of General Services

This dissenting opinion by Staley, Jr., J. concerns the rejection of a low bid from a petitioner by the Office of General Services. The rejection was based on the petitioner's unresolved labor dispute with Laborers Local No. 190, which the Office of General Services feared would cause disruption and delay to the South Mall project, a 'time of the essence' contract. Staley, Jr., J. argues that the State's action was lawful, citing State Finance Law § 174 and previous cases that permit bid rejection in the best interests of the State, especially when a labor dispute threatens project completion. The dissent distinguishes this case from precedents involving mere threats of union action. However, the majority decision, which this opinion dissents from, reversed the judgment and ruled in favor of the petitioner.

Labor DisputeBid RejectionState ContractPublic WorksTime of EssenceJudicial ReviewAppellate DecisionProcurement LawNonunion WorkersProject Delay
References
3
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
2
Case No. 2020 NY Slip Op 06471 [188 AD3d 507]
Regular Panel Decision
Nov 12, 2020

Sunun v. Klein

Plaintiff Enrique Sunun was injured when he stepped into an unguarded, improperly backfilled trench at a construction site, causing his leg to sink deeply. The Appellate Division, First Department, modified a Supreme Court order regarding several Labor Law and negligence claims. The court found that the plaintiff was entitled to partial summary judgment on his Labor Law § 240 (1) claim, as no safety devices were provided to protect him from the gravity-related risk. Additionally, the court granted Beth Klein unconditional contractual indemnification from Cedar Design, Inc., and Fountainhead Construction Inc. conditional indemnification, while denying Fountainhead's motion to dismiss Labor Law § 200 and common-law negligence claims against it. The hazardous condition of the trench, exacerbated by rainfall, was central to the claims.

Labor Law § 240(1)Summary JudgmentContractual IndemnificationTrench CollapseConstruction AccidentGravity-Related RiskIndustrial Code ViolationsCommon-Law NegligenceAppellate DivisionThird-Party Claims
References
5
Case No. MISSING
Regular Panel Decision

Claim of Russo v. M & M Transportation

The claimant, employed by M & M Transportation, sustained back and knee injuries in 1976. The employer's insurance carrier sought reimbursement from the Special Disability Fund, alleging various preexisting conditions under Workers’ Compensation Law § 15 (8). However, the carrier failed to produce medical proof to support its claim of preexisting conditions, even after being directed to do so by the Hearing Officer. Consequently, the Hearing Officer discharged the Special Fund, a decision affirmed by the Workers’ Compensation Board. The appellate court affirmed the Board's decision, citing the carrier's failure to provide clarifying medical proof and finding the Board's denial of reconsideration was neither arbitrary nor capricious. The court emphasized that the existence of a previous disability must be established before addressing the employer's knowledge of such a condition.

Workers' CompensationSpecial Disability FundReimbursement ClaimPreexisting Medical ConditionMedical EvidenceCarrier ObligationsBoard DiscretionDenial of ReconsiderationAppellate ReviewSufficiency of Evidence
References
3
Showing 1-10 of 16,306 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