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

Case No. MISSING
Regular Panel Decision

Mayor of New York v. Council of New York

This dissenting opinion argues against the majority's decision upholding New York City Local Laws 18 and 19 (2001), which unilaterally expanded the definition of uniformed services employees to alter the scope of collective bargaining. Judge Read contends that these local laws are preempted by the statewide Taylor Law, which grants the Mayor exclusive authority over negotiating with municipal unions. The dissent highlights the historical context of New York City's collective bargaining system, established through a tripartite agreement in 1966 and subsequently codified, emphasizing that changes to this scope were traditionally negotiated, not legislated by the City Council. The opinion asserts that the Council's actions infringe upon the Mayor's management rights and exceed its legislative authority under Civil Service Law § 212, which only permits local legislation in specific areas like representation status or impasse procedures. Judge Read warns that the decision destabilizes long-settled labor relations and allows the Council to act as an unauthorized negotiator.

Taylor LawCollective BargainingPublic Sector Labor RelationsLocal Law PreemptionNew York City Administrative CodeMunicipal UnionsCivil Service LawExecutive OrdersLegislative AuthorityManagement Rights
References
2
Case No. MISSING
Regular Panel Decision

Schapiro v. New York City Department of Health

Plaintiff David B. Schapiro sued his former employers, the City of New York and its agency, the New York City Department of Health, alleging disability discrimination under the Americans with Disabilities Act (ADA) and a common law negligence claim. Schapiro claimed he developed respiratory problems from poor workplace conditions between 1989 and 1994, arguing the City failed to provide reasonable accommodation. The City moved for summary judgment, contending Schapiro was not disabled under the ADA, his claims were time-barred, and he failed to mitigate damages, also asserting his negligence claim was preempted by New York's Worker's Compensation Law. The court granted the City's motion, ruling that several of Schapiro's claims were time-barred and that he failed to establish a prima facie case of disability under the ADA as his impairment did not substantially limit a major life activity like breathing or working. Furthermore, the court found Schapiro's negligence claim was exclusively covered by the New York Worker's Compensation Law.

Disability DiscriminationADASummary JudgmentRespiratory ProblemsWorkplace ConditionsReasonable AccommodationTime BarEEOCNegligence ClaimWorker's Compensation Law
References
17
Case No. MISSING
Regular Panel Decision

New York Racing Ass'n v. State of New York Racing & Wagering Board

The New York Racing Association (NYRA) filed a CPLR article 78 application seeking to exempt competitive bidding policy documents from disclosure under the New York Freedom of Information Law (FOIL), citing Public Officers Law § 87 (2) (d) regarding trade secrets and potential substantial competitive injury. NYRA challenged a determination by the State of New York Racing and Wagering Board (NYSRWB) that had partially denied this exemption for certain approved policy changes. The court, applying the Encore test, found that even a summarized release of these documents would constitute a disclosure of proprietary trade information. Such disclosure, especially to the press, was deemed likely to cause significant competitive disadvantage to NYRA, impacting its franchise renewal and bankruptcy reorganization efforts. Consequently, the court granted NYRA's application, vacating the NYSRWB's prior determination and ruling that the documents are exempt from FOIL disclosure.

FOILFreedom of Information LawPublic Officers LawTrade SecretsCompetitive BiddingProprietary InformationCommercial EnterpriseSubstantial InjuryRacing IndustryRegulatory Board
References
14
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. MISSING
Regular Panel Decision

Council of City of New York v. Bloomberg

The New York City Council initiated a CPLR article 78 proceeding to compel the Mayor and the City of New York to enforce the Equal Benefits Law. This local law mandated that city agencies could only contract with firms providing equal employment benefits to domestic partners and spouses. The Mayor refused enforcement, arguing the law was preempted by state and federal statutes. The Appellate Division dismissed the proceeding, a decision upheld by this court. The Court concluded that the Equal Benefits Law was preempted by General Municipal Law § 103 due to competitive bidding requirements and by ERISA for its regulation of employee benefit plans, rejecting the Council's market participant argument.

Equal Benefits LawPreemptionCompetitive BiddingGeneral Municipal LawERISAEmployee BenefitsDomestic PartnersSpousal BenefitsMarket Participant ExceptionArticle 78 Proceeding
References
18
Case No. 161063/19, 5782, 2024-06151
Regular Panel Decision
Feb 10, 2026

Contreras v. City of New York

Plaintiff Roger J. Contreras was injured by a falling chisel during a coffee break at a construction site in New York. He sued the City of New York and others under Labor Law §§ 240(1), 200, and 241(6), and common-law negligence. The Supreme Court, New York County, denied his motion for partial summary judgment on the Labor Law § 240(1) claim but allowed amendment of his bill of particulars to include Industrial Code violations. It also dismissed the Labor Law § 200 and common-law negligence claims. The Appellate Division, First Department, unanimously modified the Supreme Court's order, granting Contreras's motion for partial summary judgment on the Labor Law § 240(1) claim, asserting that a worker on break is still protected and that the defective scaffolding was inadequate, regardless of the exact cause or origin of the falling object. The court found that the arguments related to common-law negligence and Labor Law §§ 200 and 241(6) claims were academic due to the grant of summary judgment on Labor Law § 240(1).

Falling ObjectScaffolding DefectLabor Law § 240(1) ClaimSummary Judgment GrantConstruction Site InjuryCoffee Break AccidentIndustrial Code ViolationsAppellate Division DecisionWorker SafetyNegligence Dismissal
References
5
Case No. MISSING
Regular Panel Decision

New York Times Co. v. City of New York Fire Department

Petitioners, the New York Times Company and Jim Dwyer, initiated a CPLR article 78 proceeding and declaratory judgment action seeking the disclosure of records from the Fire Department of the City of New York (FDNY) under the Freedom of Information Law (FOIL), related to the events of September 11, 2001. Their request included oral histories of FDNY personnel and radio communications. The FDNY denied parts of the request, citing exemptions for law enforcement purposes, intra-agency materials, and personal privacy. The court ruled that the FDNY failed to demonstrate the applicability of the law enforcement exemption. Consequently, the court ordered the disclosure of factual portions of the oral histories, the 911 tapes and transcripts of family members who waived privacy, and non-intra-agency parts of operator, dispatcher, and unit communications, while denying petitioners' request for attorneys' fees.

Freedom of Information LawFOILPublic RecordsSeptember 11World Trade CenterFDNYOral HistoriesRadio CommunicationsPrivacy ExemptionLaw Enforcement Exemption
References
14
Case No. 2018 NY Slip Op 01453 [159 AD3d 674]
Regular Panel Decision
Mar 07, 2018

Grasso v. New York State Thruway Auth.

This case involves four consolidated personal injury claims filed by Jerry A. Grasso, Jr., John Sullivan, Jr., Cathy Marl, and Louis Centolanza against the New York State Thruway Authority (NYSTA). The claimants alleged violations of Labor Law §§ 200 and 241 (6), and common-law negligence, stemming from injuries sustained during a highway construction project. The Court of Claims initially granted NYSTA's motion for summary judgment, dismissing all claims based on collateral estoppel. The Appellate Division, Second Department, affirmed the dismissal of claims under Labor Law § 241 (6) and for punitive damages, finding collateral estoppel applicable and punitive damages barred by sovereign immunity. However, the Appellate Division modified the order by denying the dismissal of claims alleging Labor Law § 200 and common-law negligence, concluding that collateral estoppel did not apply to NYSTA as a property owner and that NYSTA acted in a proprietary capacity, thus subject to tort liability.

Labor Law § 200Labor Law § 241 (6)Common-law NegligenceCollateral EstoppelSummary JudgmentSovereign ImmunityGovernmental Function ImmunityProprietary FunctionPersonal InjuryConstruction Site Accident
References
33
Case No. MISSING
Regular Panel Decision

Verizon New York Inc. v. New York State Public Service Commission

Verizon New York Inc. commenced a special proceeding against the New York State Public Service Commission and other respondents. Verizon sought to overturn a determination allowing public disclosure of certain documents, which Verizon claimed were trade secrets or confidential commercial information, under the Freedom of Information Law (FOIL). The documents in question related to Verizon's network costs and its methods and procedures for its wireless service, Verizon Voice Link (WL). The court reviewed the Secretary's and RAO's determinations, which found some information to be trade secrets but still required a showing of 'substantial injury' for exemption. The court ruled that once information is deemed a trade secret under Public Officers Law § 87 (2) (d), no further showing of substantial competitive injury is required for exemption. Consequently, the court granted in part the petition, exempting specific cost information and several M&P documents from disclosure, while denying exemption for three M&P documents.

FOIL ExemptionTrade Secret ProtectionConfidential Commercial InformationPublic Officers Law § 87 (2) (d)Substantial Competitive InjuryStatutory InterpretationAdministrative Determination ReviewCPLR Article 78Wireless ServicesCost Information Disclosure
References
47
Case No. MISSING
Regular Panel Decision

New York City Coalition to End Lead Poisoning, Inc. v. Vallone

This case addresses whether the New York City Council adhered to the State Environmental Quality Review Act (SEQRA) when enacting Local Law No. 38 (1999), intended for lead paint abatement. The City Council issued a negative declaration, asserting no significant adverse environmental impact. However, the Court of Appeals found this declaration insufficient, specifically noting a lack of reasoned explanation for excluding lead dust from the hazard definition and removing six-year-old children from the law's protections. This non-compliance with SEQRA's procedural mandates led to the nullification of Local Law 38, thereby reinstating Local Law 1 (1982). The Court reversed the Appellate Division's decision and remitted the case, encouraging the involved parties to collaborate in safeguarding New York City's children from lead exposure.

Lead paint abatementEnvironmental lawSEQRA complianceLocal Law 38Local Law 1Negative declarationPublic health concernsChildhood lead poisoningAdministrative proceduresNew York City Council
References
21
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