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
Oct 25, 2012

M.O.C.H.A. Society, Inc. v. City of Buffalo

This case involved a lawsuit filed by M.O.C.H.A. Society Inc. and seventeen African American firefighters against the City of Buffalo, its Fire Department, and union entities. Plaintiffs alleged racial discrimination in the implementation and enforcement of the Fire Department's drug testing policy, citing violations of federal civil rights statutes and the New York Human Rights Law. Following extensive discovery, both the City and Union defendants moved for summary judgment to dismiss the Third Amended Complaint "A". The court meticulously reviewed claims of due process, privacy, and equal protection, along with the Title VII and NYSHRL discrimination and retaliation allegations. Ultimately, the court found no genuine issues of material fact and granted summary judgment to all defendants, dismissing all claims.

Racial DiscriminationDrug Testing PolicySummary JudgmentEmployment DiscriminationDue ProcessEqual ProtectionFirefightersMunicipal EmployeesLabor RelationsRetaliation Claim
References
84
Case No. 2015-2609 Q C
Regular Panel Decision
Jun 01, 2018

Gl Acupuncture, P.C. v. Allstate Ins. Co.

This case involves an appeal by GL Acupuncture, P.C., as assignee of Dwayne O. Ferguson, against Allstate Insurance Company regarding first-party no-fault benefits. The Civil Court of the City of New York, Queens County, had initially denied plaintiff's motion for summary judgment and granted defendant's cross-motion, dismissing the complaint due to alleged excessive charges. On appeal, the Appellate Term, Second Department, found that Allstate Insurance Company failed to demonstrate timely mailing of denial of claim forms, thus precluding their defense. However, GL Acupuncture, P.C. also failed to establish its entitlement to summary judgment. Therefore, the Appellate Term modified the order by denying the defendant's cross-motion for summary judgment, while affirming the denial of the plaintiff's motion for summary judgment.

No-fault benefitsSummary judgmentDenial of claimTimely mailingStandard office practiceInsurance defenseAppellate reviewPrima facie caseExcess workers' compensation fee scheduleAssignee claims
References
4
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. MISSING
Regular Panel Decision
Aug 09, 1946

In re the Arbitration between Transport Workers Union of America, C.I.O., & Fifth Avenue Coach Co.

The Transport Workers Union of America, O.I.O., applied to vacate an arbitration award made in a dispute with the Fifth Avenue Coach Company. The core of the dispute revolved around the implementation of one-man operation of double-deck buses and related employment terms. The Union contended that the arbitrator failed to render a decision on the primary question regarding the implementation of one-man operation, despite it being a key item in the submission agreement. The court found that the arbitrator explicitly avoided deciding this issue, thus failing to fulfill the terms of the submission. Consequently, the court ruled that the award was not mutual, final, and definite on all matters submitted for arbitration, rendering it invalid. The application to vacate the award was therefore granted, with an order for resubmission.

ArbitrationAward VacatedLabor DisputeCollective BargainingOne-Man OperationDouble-Deck BusesArbitrator AuthorityScope of SubmissionUnionPublic Transport
References
6
Case No. 2013-2706 Q C
Regular Panel Decision
Sep 19, 2016

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

This case, NYS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., concerned an appeal from an order of the Civil Court of the City of New York, Queens County. The plaintiff, NYS Acupuncture, P.C., sought assigned first-party no-fault benefits from State Farm, which had moved for summary judgment arguing full payment according to the workers' compensation fee schedule. The Civil Court initially granted State Farm's motion. On appeal, NYS Acupuncture, P.C. contended that the fee schedule reductions were improper. The Appellate Term, Second Department, affirmed the prior ruling, finding that State Farm adequately demonstrated it had fully compensated the plaintiff for acupuncture services based on the applicable workers' compensation fee schedule for services performed by chiropractors, referencing Great Wall Acupuncture, P.C. v Geico Ins. Co.

Workers' Compensation Fee ScheduleNo-Fault BenefitsAcupuncture ServicesChiropractorsSummary JudgmentAppellate ReviewInsurance DisputeFee Schedule ReductionAssigned BenefitsMedical Billing
References
1
Case No. 2016 NY Slip Op 06211 [142 AD3d 1167]
Regular Panel Decision
Sep 28, 2016

Matter of Civil Serv. Empls. Assn., A.F.S.C.M.E. Local 1000, A.F.L.-C.I.O. v. County of Nassau

This case concerns an appeal by the County of Nassau against a Supreme Court judgment that confirmed an arbitration award. The arbitration stemmed from a grievance over the termination of Robert Giscombe's employment, which the arbitrator sustained, leading to Giscombe's reinstatement with back pay. The Appellate Division affirmed the Supreme Court's decision, emphasizing the narrow scope for vacating arbitration awards, which requires a violation of strong public policy, irrationality, or exceeding the arbitrator's authority. The court found that the public policy arguments presented by the County of Nassau did not meet these stringent criteria, nor did their claims of fraud or misconduct hold merit. This ruling upholds the enforceability of the arbitration award and limits judicial intervention in such matters.

Arbitration AwardCollective Bargaining AgreementEmployment TerminationPublic Policy ExceptionCPLR Article 75Judicial Review of ArbitrationAppellate DivisionNassau CountyGrievanceReinstatement
References
8
Case No. 2025 NY Slip Op 25022
Regular Panel Decision
Jan 29, 2025

Matter of Mountainside Residential Care Ctr. (S.O.)

Mountainside Residential Care Center petitioned for a guardian for S.O., an undocumented stroke patient needing Medicaid for care. The Supreme Court, Delaware County, appointed S.O.'s children, C.O. and S.O., Jr., as co-guardians of his property. The core issue was granting guardians authority to interact with federal immigration agencies (USCIS/ICE) to pursue Permanent Residence Under Color of Law (PRUCOL) status, essential for S.O. to qualify for Medicaid benefits. The court granted this authority, emphasizing the guardians' discretion and the sealed nature of the case, to allow the family to navigate the complex process for obtaining critical healthcare funding.

GuardianshipIncapacitated PersonsMedicaid EligibilityUndocumented ImmigrantsPRUCOL StatusImmigration LawHealth Care BenefitsElder CareFamily GuardiansCourt Orders
References
1
Case No. 2024 NY Slip Op 00798 [224 AD3d 495]
Regular Panel Decision
Feb 15, 2024

Matter of Camrem C. (Lydia C.)

Lydia C. appealed a Family Court order that found she neglected her child, Camrem C., by inflicting or allowing physical harm. The Family Court's finding was based on extensive medical evidence showing the child had multiple welts, lacerations, and bruises in various stages of healing, indicating a pattern of corporal punishment. This medical evidence corroborated out-of-court statements made by the child to a paraprofessional, the Child Advocacy Center, and an ACS caseworker. The appellant's testimony, which attributed the injuries to a single incident, was deemed insufficient to account for the variety of injuries observed. The Appellate Division, First Department, affirmed the neglect finding, concluding that the record supported the Family Court's decision and that the appellant, at a minimum, should have been aware of the injuries and acted to protect the child.

Child NeglectFamily LawAppellate ReviewPhysical HarmCorporal PunishmentMedical EvidenceOut-of-court StatementsCredibility FindingsParental ResponsibilityChild Protection
References
4
Case No. MISSING
Regular Panel Decision

F.O. ex rel. O. v. New York City Department of Education

Plaintiffs F.O. and E.O., on behalf of their minor child Brendan O., sued the New York City Department of Education under the IDEA and New York State Education Law. They sought to reverse a State Review Officer (SRO) decision that had overturned an Impartial Hearing Officer (IHO) decision, which ordered the DOE to reimburse tuition for Brendan's private school placement at the Rebecca School for the 2010-2011 school year. Brendan, diagnosed with Myasthenia Gravis and Autism, required special education services, and the dispute centered on the adequacy of the DOE's proposed IEP (a 12:1:4 classroom) versus the Rebecca School's program. The District Court granted the plaintiffs' motion for summary judgment regarding tuition reimbursement, finding the SRO's decision inadequately reasoned and deferring to the IHO's conclusion that the DOE's IEP was inappropriate and the Rebecca School was an appropriate unilateral placement. The court ordered the DOE to reimburse $92,100 for Brendan's tuition but denied the plaintiffs' request for declaratory relief concerning a 1:1 health paraprofessional on procedural grounds.

Individuals with Disabilities Education ActSpecial EducationFree Appropriate Public EducationIndividualized Educational ProgramTuition ReimbursementAutism Spectrum DisorderMyasthenia GravisImpartial Hearing OfficerState Review OfficerUnilateral Private Placement
References
41
Case No. 26 NY3d 107 (2016)
Regular Panel Decision
Jun 09, 2016

S.B. v. A.C.C.

This case addresses the definition of "parent" under Domestic Relations Law § 70 (a) for purposes of custody and visitation for unmarried couples. The New York Court of Appeals overrules its 1991 decision in Matter of Alison D. v Virginia M., which had limited parental standing to biological or adoptive parents. The Court now holds that a non-biological, non-adoptive partner has standing if they can show by clear and convincing evidence that the parties agreed to conceive and raise a child together. In Matter of Brooke S.B. v Elizabeth A.C.C., the Appellate Division's order is reversed and the matter remitted for further proceedings under this new standard. In Matter of Estrellita A. v Jennifer L.D., the Appellate Division's order is affirmed, upholding standing based on judicial estoppel. This decision aims to address the unworkability of the Alison D. rule in light of evolving familial relationships, particularly for same-sex couples, and to protect the best interests of children.

Parental RightsCustodyVisitationSame-Sex CouplesNontraditional FamiliesEquitable EstoppelJudicial EstoppelPre-Conception AgreementDomestic Relations LawOverruling Precedent
References
28
Showing 1-10 of 3,068 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