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

Case No. 2018 NY Slip Op 06230 [164 AD3d 1425]
Regular Panel Decision
Sep 26, 2018

Hill v. Mid Is. Steel Corp.

The plaintiff, Danny Hill, appealed an order from the Supreme Court, Suffolk County, which granted summary judgment to Mid Island Steel Corp. in a personal injury action. Hill sustained injuries using a telescoping lift owned by Mid Island Steel Corp. The Appellate Division, Second Department, affirmed the dismissal of the Labor Law § 200 claim against Mid Island Steel Corp., finding it was not an owner, contractor, or agent. However, the court modified the order, reinstating the common-law negligence claim, as Mid Island Steel Corp. failed to prima facie establish the lift was not in a defective condition.

Personal InjurySummary JudgmentCommon-law NegligenceLabor Law § 200Defective EquipmentTelescoping LiftAppellate ReviewEmployer LiabilityProperty Owner LiabilitySafe Place to Work
References
5
Case No. 2025 NY Slip Op 02831 [238 AD3d 1302]
Regular Panel Decision
May 08, 2025

Matter of Coyle v. W & W Steel Erectors LLC

This case involves an appeal by W & W Steel Erectors LLC and its workers' compensation carrier from a Workers' Compensation Board decision. The Board denied the carrier's request to reopen the claim concerning posthumous wage-loss benefits for the minor son of the decedent, Michael Coyle. Initially, a Workers' Compensation Law Judge awarded benefits to the son, relying on Matter of Green, and the carrier failed to seek administrative review. After the Court of Appeals reversed Green, the carrier sought to reopen the claim, but the Board denied this request due to the lack of a timely administrative appeal. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying the reopening of the claim in the interest of justice.

Workers' CompensationWage-loss benefitsPermanent partial disabilityPosthumous benefitsReopening claimAdministrative reviewAbuse of discretionFinality of decisionAppellate DivisionCourt of Appeals reversal
References
13
Case No. MISSING
Regular Panel Decision

New Rochelle Contracting Corp. v. American Steel Erectors, Inc.

American Steel Erectors, Inc. appealed an order from the Supreme Court of Westchester County, which denied their motion to compel petitioners to comply with a demand for a verified statement under Lien Law § 76 (5). The underlying proceeding was initiated by the petitioners to discharge a public improvement mechanics' lien. American Steel sought a temporary stay of the proceeding, arguing the petitioners failed to provide the verified statement. The Supreme Court properly declined the stay, as a lienor can pursue both trust fund remedies and ordinary lien enforcement. The appellate court affirmed the order, stating that American Steel's proper remedy is to commence a separate proceeding to compel the verified statement.

mechanics' lienpublic improvementverified statementLien Lawappealstay of proceedingtrust fund remediesappellate reviewWestchester County
References
6
Case No. MISSING
Regular Panel Decision

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. MISSING
Regular Panel Decision

Commissioners of the State Insurance Fund v. Gem Steel Erectors Inc.

The Supreme Court initially awarded the plaintiff, the State Insurance Fund, summary judgment for $776,261.12 in unpaid workers' compensation premiums. Following a motion for reargument, the court maintained its original decision. The appellate court subsequently modified this order, affirming summary judgment on liability but remanding the case for a reassessment of the precise amount of premiums owed. The defendants' claims lacked sufficient admissible evidence to warrant a trial on material facts, and the court found inconsistencies in the recorded premium amounts.

Workers' Compensation PremiumsSummary JudgmentLiabilityRemandReassessment of DamagesInsurance LawCorporate LiabilityJoint and Several LiabilityAppellate ReviewNew York Law
References
3
Case No. MISSING
Regular Panel Decision

Krull v. United States

Michael Krull, an employee of JJJ Express Mail, sued the United States under the Federal Tort Claims Act for injuries sustained on October 17, 2007, while delivering mail to the Irving Post Office. Krull alleged negligence by the United States Postal Service (USPS) after renovations to the post office's rear door created a safety hazard. The new outward-opening door obstructed a steel plate on a hoist lift, forcing Krull to manually lift the heavy plate multiple times daily, which allegedly caused a lower back injury. The government moved for summary judgment, arguing Krull could not establish negligence and that his injury resulted from an ordinary hazard of employment. The court denied the government's motion, finding that lifting the steel plate was not part of Krull's regular duties and that USPS's alteration prevented him from performing his work as intended, thus raising a genuine issue of material fact regarding negligence.

Federal Tort Claims ActNegligenceSummary JudgmentLandowner DutyForeseeabilityPersonal InjuryWorkplace InjuryPostal ServiceHoist LiftDoor Renovation
References
15
Case No. MISSING
Regular Panel Decision

Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of State

Petitioners, identified as the owners and operators of Indian Point Energy Center, appealed a judgment that dismissed their challenge to a modification by respondents, the Secretary of State, Department of Environmental Conservation, and Department of State. The modification extended a statutorily protected environmental habitat in the Hudson River, now called 'Hudson Highlands,' impacting the area near Indian Point. Petitioners argued that the modification lacked a rational scientific basis, constituted formal rulemaking without proper procedure, and that the denial of their discovery requests was an abuse of discretion. The Appellate Division affirmed the Supreme Court's judgment, deferring to the agencies' interpretation of their regulations and finding the modification rational, not formal rulemaking, and the discovery denial justified.

Environmental ProtectionHabitat ModificationAgency DeferenceCPLR Article 78Declaratory JudgmentRegulatory InterpretationScientific EvidenceFormal RulemakingAdministrative ProcedureDiscovery Denial
References
24
Case No. 121778, 121782
Regular Panel Decision
Feb 09, 2018

Jimerson v. State of New York

Claimants, Joshua A. Jimerson (as Administrator of Patricia A. John's Estate) and Kenneth Vanaernam, sought damages for wrongful death and injuries after falling through a hole on the Red House Bridge (RHB). The bridge, built by the State of New York in 1930, is located within the sovereign land of the Seneca Nation of Indians. Despite a history of confusion regarding maintenance responsibility, a 1976 Memorandum of Understanding and a 2007 Project Specific Agreement had indicated the State's involvement. The Court of Claims initially denied the claimants' motion for partial summary judgment on the State's duty to maintain the bridge. The Appellate Division, Fourth Department, reversed this decision, ruling that Highway Law § 53 unambiguously obligates the State to maintain highways and bridges it constructed on Indian reservation land, thereby establishing the State's statutory duty.

Wrongful DeathPersonal InjuryHighway MaintenanceBridge CollapseState ResponsibilityStatutory DutySummary JudgmentIndian ReservationNew York State Department of TransportationSeneca Nation of Indians
References
0
Case No. MISSING
Regular Panel Decision

United States v. Bethlehem Steel Corporation

The United States filed a lawsuit against Bethlehem Steel Corporation, the United Steelworkers of America, and local unions, alleging a "pattern or practice" of racial discrimination in employment at the Lackawanna Plant, violating Title VII of the Civil Rights Act of 1964. Bethlehem Steel admitted to discrimination in hiring, assignment, and promotion until September 1967, including preferential treatment for white applicants and assigning Black employees to less desirable jobs. The court found that the seniority system, while facially neutral, perpetuated past discrimination, particularly regarding transfer opportunities and the apprenticeship program. While the Attorney General sought remedies like rate retention and seniority carryover, the court denied these specific requests, deeming them too drastic and potentially inequitable to blameless employees. Instead, the court ordered modified relief, including transfer rights for all employees in the eleven affected departments based on plant seniority (without rate retention or seniority carryover), specific changes for the Coke Ovens Department, and alterations to the apprenticeship program, alongside a substantial reduction in seniority pools to broaden transfer opportunities.

Employment DiscriminationRacial DiscriminationTitle VIICivil Rights Act of 1964Seniority SystemApprenticeship ProgramTransfer RightsLackawanna PlantBethlehem Steel CorporationUnited Steelworkers
References
10
Case No. MISSING
Regular Panel Decision

New York Ex Rel. Vacco v. Mid Hudson Medical Group, P.C.

The People of the State of New York, represented by the Attorney General, sued Mid Hudson Medical Group, P.C., alleging discrimination against hearing-impaired patients by failing to provide sign language interpreters for medical examinations, in violation of federal and state civil rights laws including the ADA and the Rehabilitation Act. Mid Hudson moved to dismiss federal claims for lack of standing and arguing Medicaid/Medicare reimbursements were not federal financial assistance. The court denied Mid Hudson's motion to dismiss, affirming the state's parens patriae standing and confirming that Medicaid and Medicare constitute federal financial assistance. Additionally, the court denied Mid Hudson's motion to compel production of TTY conversation transcripts, holding they were protected by the attorney work product doctrine.

Americans with Disabilities ActRehabilitation ActDisability DiscriminationMedical AccessibilitySign Language InterpretationParens Patriae DoctrineStanding to SueFederal Financial AssistanceAttorney Work Product DoctrineMotion to Dismiss
References
32
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