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

Case No. 2012 NY Slip Op 31770OJ
Regular Panel Decision

Floyd v. City of New York

The Supreme Court, New York County, issued judgments annulling mayoral personnel orders No. 2012/1 and 2012/2, dated April 11, 2012. These orders reclassified ungraded civil service titles, subject to prevailing wage bargaining under Labor Law § 220, to graded workers under the New York City Collective Bargaining Law. The annulment was affirmed because the City failed to comply with Civil Service Law § 20, which mandates notice, a public hearing, and State Civil Service Commission approval for such reclassifications. The concurring justices were Mazzarelli, J.P., Andrias, DeGrasse, Freedman, and Manzanet-Daniels, JJ.

annulmentmayoral orderscivil serviceprevailing wagecollective bargaininglabor lawcivil service lawreclassificationpublic hearingstate civil service commission
References
3
Case No. 2023 NY Slip Op 01881 [215 AD3d 722]
Regular Panel Decision
Apr 12, 2023

Andrade v. Bergen Beach 26, LLC

The plaintiff, Freddy Andrade, appealed an order denying his motion for summary judgment on liability against Bergen Beach 26, LLC, for a violation of Labor Law § 240 (1). Andrade was allegedly injured after falling from a ladder at a construction site where his employer was a subcontractor. The Supreme Court, Queens County, denied the plaintiff's motion. The Appellate Division, Second Department, affirmed the denial, finding that the plaintiff failed to establish a prima facie entitlement to judgment as a matter of law, as triable issues of fact existed regarding whether Labor Law § 240 (1) was violated and if such a violation was the proximate cause of his injuries.

Personal InjuryLadder FallConstruction SiteLabor LawSummary JudgmentLiabilityAppellate ReviewPrima FacieTriable Issues of FactSubcontractor
References
6
Case No. MISSING
Regular Panel Decision

In re Dustin JJ.

This appeal concerns a Family Court order from Broome County, entered December 4, 2012, which adjudicated Dustin JJ. an abandoned child and terminated the respondent-father's parental rights. The child was placed in petitioner's custody shortly after birth in 2010, with the respondent declared the father in July 2011 and the mother surrendering her rights in August 2011. The petitioner initiated abandonment proceedings in February 2012, based on the respondent's failure to visit or communicate with the child or the agency during the critical six-month period from August 26, 2011, to February 26, 2012. The appellate court affirmed the Family Court's finding, noting that the respondent's sporadic contacts (one visit and a few phone calls) were insufficient, and his incarceration did not excuse the lack of communication. The decision also upheld the Family Court's discretion in limiting cross-examination and dispensing with a dispositional hearing, reaffirming that a suspended judgment is not an available option after a finding of abandonment.

Parental Rights TerminationAbandonment ProceedingSocial Services LawFamily Court AppealChild CustodyIncarcerated ParentFailure to CommunicateBurden of ProofDiscretion of Trial CourtSuspended Judgment
References
12
Case No. 2025 NY Slip Op 04739 [241 AD3d 844]
Regular Panel Decision
Aug 20, 2025

Rivera v. 26 W. 56, LLC

Nancy Rivera, an employee of Alba Services, Inc., was injured during a building renovation project when an HVAC duct fell on her while she was removing demolition debris. She commenced an action against the property owner, 26 W. 56, LLC, and the general contractor, Abeco Construction, LLC, alleging a violation of Labor Law § 240 (1). The defendants cross-moved for summary judgment to dismiss this cause of action. The Supreme Court, Kings County, denied their cross-motion. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the defendants failed to eliminate all triable issues of fact regarding whether the HVAC duct required securing and fell due to an inadequate safety device, and also failed to demonstrate that the plaintiff was the sole proximate cause of her injuries.

Falling ObjectDemolition AccidentConstruction Site SafetySummary JudgmentTriable Issues of FactWorker SafetyHVAC DuctProximate CauseAppellate ReviewPersonal Injury
References
12
Case No. MISSING
Regular Panel Decision
Jun 08, 2005

Urbina v. 26 Court Street Associates, LLC

Plaintiff Carlos Urbina, an electrician, sustained severe injuries after falling from a Baker scaffold at a construction site, leading to a fractured patella and multiple surgeries. He and his wife, Lucy Nunez, sued the premises owner, 26 Court Street Associates, LLC, the lessee/general contractor, Town Sports International, Inc. (TSI), and the drywall subcontractor, R & J Construction Corp. (R & J), alleging negligence and violations of Labor Law sections. The Supreme Court's judgment, awarding substantial damages, was appealed, specifically regarding awards for pain and suffering. The Appellate Division modified the judgment, conditionally reducing the awards for past and future pain and suffering, while affirming the grant of contractual indemnity to TSI and Court Street against R & J, based on R & J's contractual obligation to provide scaffolding.

Construction site injuryScaffolding accidentPersonal injury damagesContractual indemnificationLabor Law § 240(1)Damages modificationPain and suffering awardLost wages awardPatella fractureSubcontractor negligence
References
19
Case No. MISSING
Regular Panel Decision

Claim of Schwartz v. State Insurance Fund

Claimant appealed two Workers' Compensation Board decisions. The first decision, filed April 25, 2012, ruled that her alleged cardiac conditions were not causally related to her established work-related stress claim. The second decision, filed May 2, 2012, denied her payment for intermittent lost time. The court affirmed both decisions, finding that the employer's independent medical examiner complied with Workers' Compensation Law § 137, and the Board's resolution of conflicting medical opinions regarding cardiac conditions was supported by substantial evidence. Additionally, the Board's determination that the claimant's Friday absences were for convenience, not disability, was also upheld by substantial evidence.

Workers' Compensation Board AppealsCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyTricuspid Valve InsufficiencyEnlarged Left AtriumWork-Related StressAdjustment DisorderIntermittent Lost Time Benefits
References
4
Case No. ADJ7437726
Regular
Sep 26, 2012

DAVON GUIDRY vs. HIGHLAND PALMS, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This Workers' Compensation Appeals Board case, involving Davon Guidry against Highland Palms and Travelers Indemnity Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration. The original decision, which the petition sought to review, was issued on July 16, 2012. The order of dismissal was filed and served on September 26, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ7437726Marguerite SweeneyHighland PalmsTravelers Indemnity CompanyDavon GuidryScoll & Associates
References
0
Case No. CA 12-00504
Regular Panel Decision
Feb 01, 2013

MILLER, DEBRA J. v. SAVARINO CONSTRUCTION CORPORATION

Plaintiff Debra J. Miller commenced a personal injury and wrongful death action after her decedent suffered a fatal heart attack at a building allegedly owned by defendant 26 Mississippi Street LLC, undergoing renovation. Defendant Savarino Construction Corporation was the construction manager. The decedent suffered a heart attack after ascending five flights of stairs to attach a temporary heat cannon. The Supreme Court granted defendants' motion for summary judgment, dismissing the complaint. The Appellate Division affirmed, finding that 26 Mississippi did not own the building at the relevant times and Savarino Construction had no control over the work or premises. The court also dismissed the Labor Law § 241 (6) cause of action due to plaintiff's failure to allege a violation of a qualifying Industrial Code provision.

Personal InjuryWrongful DeathSummary JudgmentAppellate ReviewConstruction Site SafetyLabor Law 200Labor Law 241(6)Premises LiabilityOwner LiabilityContractor Liability
References
20
Case No. ADJ8217072
Regular
Nov 06, 2013

SANDRA MILLER vs. ABC UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

The applicant, Sandra Miller, sought temporary disability benefits following a bus accident. The defendants contested her entitlement, arguing insufficient medical evidence of disability and lack of lost wages. The Appeals Board modified the original award, finding that based on her primary treating physician's reports, Miller was entitled to temporary disability indemnity benefits only from March 26, 2012, to June 20, 2012. The Board rejected entitlement for earlier periods due to a lack of substantial medical evidence supporting disability claims prior to Dr. Barri's reports. The case was returned to the trial level with this amended finding.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityPrimary Treating PhysicianMedical OpinionSubstantial EvidenceLost WagesSummer MonthsRetirementMotor Vehicle Accident
References
0
Case No. 2012-385
Regular Panel Decision
May 31, 2012

Matter of New York City Tr. Auth. v. Transport Workers Union of Am., Local 100

This document pertains to a legal matter heard by the Court of Appeals of New York. The case involved the New York City Transit Authority and the Transport Workers Union of America, Local 100. A motion for leave to appeal was filed. On May 31, 2012, the Court decided to deny this motion.

Transit AuthorityWorkers UnionMotion PracticeLeave to AppealAppellate Procedure
References
4
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