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

Case No. 2024 NY Slip Op 04102
Regular Panel Decision
Aug 01, 2024

Powerflex Solar, LLC v. Solar PV Pros, LLC

Plaintiff Powerflex Solar, LLC appealed two orders from Supreme Court in Albany County. The first order partially granted motions by defendants Solar PV Pros, LLC (SPVP) and EoS Organization, LLC to dismiss the complaint for lack of personal jurisdiction regarding agreements for solar modules to be delivered to Rhode Island and California, and for failure to state claims for breach of contract as a third-party beneficiary and conversion against EoS. The second order adhered to the prior decision upon reargument. The Appellate Division affirmed, finding no articulable nexus between the New York agreements and the Rhode Island and California agreements for personal jurisdiction. The court also agreed that plaintiff was not a third-party beneficiary of the Meitus-EoS agreements and failed to state a claim for conversion due to lack of identifiable funds.

Personal JurisdictionContract LawThird-Party BeneficiaryConversionMotion to DismissAppellate ReviewJurisdictional NexusDelaware LLCCalifornia LawSolar Modules
References
33
Case No. 13-06-237-CV
Regular Panel Decision
Feb 01, 2007

in the Interest of V.A., V.A., and V.A., Minor Children

The Thirteenth District Court of Texas, Corpus Christi-Edinburg, affirmed the termination of a biological mother's parental rights to her three minor daughters, V.A.1, V.A.2, and V.A.3. The Texas Department of Protective and Regulatory Services (the Department) initially sued the mother, alleging conditions endangering the children and the mother's failure to comply with court-ordered actions for family reunification under sections of the Texas Family Code. A jury found statutory grounds for termination and that it was in the children's best interest. The mother appealed, challenging the factual sufficiency of the evidence for termination and the trial court's admission of alleged 'backdoor hearsay' testimony regarding drug use. The appellate court found sufficient evidence to support the jury's verdict that the mother failed to comply with the court-ordered service plan and that termination was in the children's best interest. The court also concluded there was no reversible error in the admission of the challenged testimony, as it was consistent with other admitted evidence.

Parental Rights TerminationChild WelfareTexas Family CodeFactual SufficiencyHearsay EvidenceAppellate ReviewBest Interest of the ChildChild Abuse AllegationsUnstable Home EnvironmentSubstance Abuse
References
18
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. 03-04-00632-CV
Regular Panel Decision
Mar 17, 2006

State of Texas v. Precision Solar Controls, Inc.

The State of Texas, representing TxDOT, sued Precision Solar Controls, Inc., for breach of contract and warranty regarding allegedly defective traffic signals. Precision Solar filed a counterclaim for business disparagement, asserting the State waived sovereign immunity by initiating the suit. The trial court denied the State's plea to the jurisdiction. The appellate court affirmed, holding that by filing suit, the State waives its sovereign immunity against germane counterclaims, even if they are intentional torts, as the core facts concerning the signals' quality and warranty performance are common to both claims.

Sovereign ImmunityGovernmental ImmunityWaiver of ImmunityCounterclaimsBusiness DisparagementBreach of ContractBreach of WarrantyPlea to JurisdictionAppellate ReviewTexas Law
References
31
Case No. 2025 NYSlipOp 07110
Regular Panel Decision
Dec 18, 2025

People v. R.V.

The Appellate Division, First Department, affirmed an order by the Supreme Court, New York County, which granted the defendant R.V.'s CPL 210.40 motion to dismiss the indictment in furtherance of justice. The court found that the Supreme Court providently exercised its discretion, noting that R.V. purchased a false Covid-19 vaccination card to maintain employment as an essential worker during the pandemic. The decision highlighted that R.V.'s actions caused no specific or societal harm, supporting the dismissal in the interest of justice.

Indictment DismissalInterest of JusticeCPL 210.40COVID-19 Vaccination CardEssential WorkerAppellate ReviewDiscretionary DismissalLack of Harm
References
2
Case No. MISSING
Regular Panel Decision

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

This concurring opinion by Justice Abdus-Salaam addresses two cases, Doerr v Goldsmith and Dobinski v Lockhart, concerning negligence claims against domestic animal owners for injuries caused by their pets. The opinion reaffirms the long-standing "vicious propensities" rule established in Bard v Jahnke, which limits liability solely to strict liability when an owner knew or should have known of an animal's dangerous tendencies. Justice Abdus-Salaam rejects arguments to extend the Hastings v Sauve precedent, which allowed negligence claims for farm animals straying from property, to domestic pets. The opinion also refutes the distinction between an owner's active control and passive failure to restrain, emphasizing that a pet's volitional behavior is the ultimate cause of harm. Consequently, Justice Abdus-Salaam votes to dismiss the negligence claims in both cases and affirms the dismissal of Dobinski's strict liability claim due to insufficient evidence of the owners' prior knowledge of their dogs' propensities.

Animal LawNegligenceStrict LiabilityDomestic AnimalsFarm AnimalsVicious Propensity RuleDuty of CareSummary JudgmentAppellate ReviewCourt of Appeals
References
20
Case No. MISSING
Regular Panel Decision

People v. Johnson

This opinion from the Court of Appeals addresses the critical issue of juror impartiality in criminal trials, specifically concerning challenges for cause when prospective jurors express doubts about their fairness. The Court consolidated three cases: People v. Johnson and People v. Sharper, both robbery cases involving juror bias towards police testimony, and People v. Reyes, a drug sale case where jurors harbored biases related to drug abuse and a defendant's prior convictions. The Court reiterated that when potential jurors reveal a state of mind likely to preclude impartial service, they must provide unequivocal assurance of their ability to set aside any bias and render a verdict based solely on evidence. Concluding that the trial judges in these cases failed to obtain such unequivocal assurances, the Court affirmed the Appellate Division's reversal of convictions in Johnson and Sharper, and reversed the Appellate Division's affirmation of conviction in Reyes, ordering a new trial. This decision underscores the fundamental constitutional right to an impartial jury and clarifies the standard for excusing biased jurors under CPL 270.20.

Jury SelectionVoir DireJuror ImpartialityChallenge for CauseUnequivocal AssurancePolice Testimony BiasDrug Offense BiasPrior Conviction BiasCriminal Procedure LawAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance v. Great American E&S Insurance

Plaintiff Ethical Culture Fieldston School (ECF) and Tishman, the project manager, were named additional insureds on Solar's general liability policy with Great American. Solar employee, Lisa Best, was injured on site. While Solar filed workers' compensation, notice to Great American about Best's personal injury lawsuit against Tishman and ECF, and Solar's subsequent impleading, was delayed. Tishman and ECF sought a declaratory judgment that Great American was obligated to defend and indemnify them, and Solar cross-claimed. Great American moved for summary judgment, asserting untimely notice. The court found Solar's delay of over a year in notifying Great American was untimely and that Solar's belief of nonliability was unreasonable, especially given its contractual indemnification obligations. Consequently, Great American was not obligated to provide coverage to Solar in the underlying action.

Insurance Coverage DisputeTimely Notice RequirementCondition PrecedentDuty to DefendDuty to IndemnifySummary JudgmentWorkers' Compensation ExclusivityContractual IndemnificationAdditional Insured StatusConstruction Site Injury
References
5
Case No. MISSING
Regular Panel Decision

E.V.R. II Associates, Ltd. v. Brundige

Riley T. Brundige, a security service employee, sued E.V.R. II Associates, Ltd., E.V.R. II Partnership, and Enclave Development Corporation (Enclave) for personal injuries sustained from a fall on their premises on April 18, 1987. Liberty Mutual Fire Insurance Company intervened as the workers' compensation carrier for Brundige's employer, seeking subrogation for $47,293.73 in indemnity and medical payments. A jury found in favor of Brundige, awarding him $270,468.43, and Liberty Mutual was awarded $46,500.00 from Brundige's recovery, plus $22,000.00 in attorney's fees. Enclave appealed, raising points regarding the admission of workers' compensation benefits evidence, the denial of a separate trial for Liberty Mutual's subrogation claim, jury challenges, and the admission of post-accident repair photographs. The court affirmed the judgment, finding no reversible error.

Premises LiabilityPersonal InjuryWorkers' Compensation SubrogationEvidentiary RulesSubsequent Remedial MeasuresJury SelectionPeremptory ChallengesAntagonism Between PartiesInterventionAppellate Review
References
15
Case No. 07-08-0160-CV
Regular Panel Decision
Jul 09, 2009

Charlotte Welch, Individually and as Representative of the Estate of L v. Welch v. Hurd Oil Field Services, Inc.

Charlotte Welch, individually and as representative of the Estate of L.V. Welch, appeals a summary judgment entered in favor of Hurd Oil Field Service, Inc. The wrongful death suit alleged negligence, claiming Hurd's employee, Robert Browning, owed a duty of care to L.V. Welch, an inexperienced worker, and breached it, leading to L.V.'s death by heat exhaustion. The court reviewed the trial court's summary judgment de novo, focusing on whether Browning owed an assumed or other duty of care to L.V. Welch. The appellate court found that Browning did not assume such a duty, as his actions were limited to observing and reporting, not intervening, and that Texas law generally imposes no 'good Samaritan' duty. Consequently, the trial court's judgment was affirmed.

Wrongful DeathSummary JudgmentNegligence ClaimDuty of CareAssumed DutyGood Samaritan RuleHeat ExhaustionOil Field ServicesInexperienced WorkerCrane Operator
References
23
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