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

Case No. 2025 NY Slip Op 25151
Regular Panel Decision
Jul 01, 2025

Friends of Fort Greene Park v. New York City Parks & Recreation Dept.

This CPLR article 78 proceeding was brought by Friends of Fort Greene Park against the New York City Department of Parks and Recreation, challenging the environmental review process for a renovation project in Fort Greene Park. Petitioner alleged that the Parks Department failed to take a "hard look" at adverse environmental impacts, improperly segmented environmental review, issued a conditional negative declaration, and used an arbitrary tree valuation tool. The court denied the petition, finding that the Parks Department complied with SEQRA and rationally applied its protocols. The court also addressed a novel claim under New York's Green Amendment, concluding it creates a self-executing substantive right but found no violation in this context, as the project was justified by important government interests and aimed for long-term environmental improvement.

Environmental ReviewSEQRACEQRGreen AmendmentConstitutional LawPublic Park RenovationTree RemovalHistoric PreservationJudicial ReviewArticle 78 Proceeding
References
38
Case No. 2017 NY Slip Op 00122 [146 AD3d 488]
Regular Panel Decision
Jan 10, 2017

Nunez v. Park Plus, Inc.

Emilio Nunez was injured at a parking lot owned by DeSoto Parking, LLC, while employed by Little Man Parking, LLC, when a mechanical lift caused the amputation of his toe. DeSoto moved for summary judgment arguing the claim was barred by Workers' Compensation Law § 11, contending Nunez did not suffer a grave injury and was its special employee, and that there was a written indemnity agreement with Park Plus, Inc. The Supreme Court denied the motion. The Appellate Division affirmed the denial, agreeing Nunez did not suffer a grave injury, but found factual issues regarding DeSoto being an alter ego of Little Man Parking, LLC, and the existence of an indemnity agreement. It also concluded DeSoto failed to establish Nunez as a special employee.

Workers' CompensationGrave InjurySummary JudgmentAlter EgoIndemnification AgreementSpecial EmployeeToe AmputationPersonal InjuryAppellate ReviewParking Lot Accident
References
4
Case No. MISSING
Regular Panel Decision

MATTER OF MERSON v. McNally

The Court of Appeals addresses whether a negative declaration under the State Environmental Quality Review Act (SEQRA) can be issued for a Type I action, even when the project has been modified to accommodate environmental concerns. Reviewing two related cases, Matter of Merson v McNally and Matter of Philipstown Indus. Park v Town Bd., the Court examines a mining project by Philipstown Industrial Park, Inc. (PIP) in the Town of Philipstown, Putnam County. The Planning Board, acting as the lead agency, issued a negative declaration after PIP revised its plans in response to public and agency input regarding noise, traffic, and groundwater. The Appellate Division had annulled this declaration, viewing the modifications as impermissible 'conditioned negative declarations.' The Court of Appeals reversed, holding that such project adjustments, made through an open and deliberative process to mitigate potential adverse effects, are a legitimate part of SEQRA review and do not invalidate a negative declaration. The cases are remitted to the Appellate Division for consideration of unaddressed issues, including preemption.

Environmental ReviewSEQRANegative DeclarationMined Land Reclamation LawType I ActionProject ModificationEnvironmental Impact StatementLead AgencyZoning LawAppellate Review
References
15
Case No. 2019 NY Slip Op 00229 [168 AD3d 491]
Regular Panel Decision
Jan 15, 2019

Sanchez v. 404 Park Partners, LP

Luis Sanchez, a construction worker, was injured after falling through an uncovered floor opening at a work site. He moved for summary judgment on Labor Law §§ 240(1) and 241(6) claims against the property owner, 404 Park Partners, LP, the general contractor, Sciame Construction, LLC, and subcontractor Cord Contracting Co. Inc., which was granted by the Supreme Court. The Appellate Division, First Department, affirmed the liability findings against these parties, noting the owner and general contractor's statutory duties and the subcontractor's delegated duty to cover floor openings. Additionally, the court modified the lower court's indemnification rulings. It granted conditional full contractual indemnification to Sciame from United Air Conditioning Corp. II and conditional contractual indemnification to 404 Park and Sciame from Cord, contingent on the extent of their respective negligence, while also preserving factual issues concerning common-law negligence and Labor Law § 200 claims against Sciame.

Construction AccidentLabor LawSummary JudgmentContractual IndemnificationSubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilitySafe Place to WorkIndustrial Code ViolationsProximate Cause
References
6
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. 2018 NY Slip Op 03584
Regular Panel Decision
May 17, 2018

Matter of Smith v. Park

Alex K. Smith, a 14-year-old, died in a skid steer accident at Park Family Farm. His mother, Vicky S.T. Smith, as administrator, filed a claim for workers' compensation death benefits. The Workers' Compensation Law Judge initially awarded benefits, finding the decedent an illegally employed minor. The claimant challenged this, arguing the employer was uninsured. The Workers' Compensation Board confirmed coverage by the State Insurance Fund and increased the death benefit award to $100,000 under double indemnity provisions, with Park Family Farm solely responsible for the increased amount due to illegal employment. The Appellate Division affirmed the Board's decision, stating that a change in partnership composition did not invalidate the insurance policy.

Illegal EmploymentMinor Employee DeathWorkers' Compensation Death BenefitsInsurance Policy ValidityPartnership ChangeEmployer LiabilityDouble IndemnityAppellate ReviewFarm AccidentSkid Steer Accident
References
10
Case No. 2019 NY Slip Op 07467 [176 AD3d 1362]
Regular Panel Decision
Oct 17, 2019

Matter of Molina v. Icon Parking LLC

This case concerns the calculation of an employee's average weekly wage for workers' compensation benefits. Claimant Ramon Guerra Molina sustained injuries while working as a parking lot attendant for Icon Parking LLC. The Workers' Compensation Board initially established his average weekly wage using Workers' Compensation Law § 14 (3), which resulted in a lower wage. The Appellate Division, Third Department, reversed this decision, finding that the Board failed to explain why Workers' Compensation Law § 14 (2) could not be "reasonably and fairly applied" before resorting to § 14 (3). The court remitted the matter back to the Workers' Compensation Board for further proceedings, including the submission of payroll records for similar employees, to determine the appropriate method for calculating the average weekly wage.

Workers' CompensationAverage Weekly WageWage CalculationWorkers' Compensation LawAppellate ReviewRemittalPayroll RecordsParking Lot AttendantStatutory Interpretation
References
3
Case No. 2021 NY Slip Op 01870 [192 AD3d 607]
Regular Panel Decision
Mar 25, 2021

Shala v. Park Regis Apt. Corp.

Plaintiff Sahit Shala was injured while renovating an apartment in a cooperative building owned by Park Regis Apartment Corporation. Park Regis, acting as third-party plaintiff, moved for summary judgment on its claims for contractual indemnification and breach of contract for failure to procure insurance against ASA Building Maintenance, Inc., plaintiff's employer and the third-party defendant. The Supreme Court initially granted Park Regis's motion and denied ASA's. The Appellate Division modified the order, acknowledging that ASA was bound by an alteration agreement requiring indemnification and insurance procurement. However, it found issues of fact precluding summary judgment for both parties on the contractual indemnification and breach of contract claims. Additionally, the court granted ASA's motion to dismiss Park Regis's common-law indemnification and contribution claims, as Park Regis failed to address whether the plaintiff sustained a grave injury under Workers' Compensation Law § 11.

Contractual IndemnificationBreach of ContractFailure to Procure InsuranceSummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation Law § 11Grave InjuryAlteration AgreementAppellate Review
References
4
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. MISSING
Regular Panel Decision

Royal Park Investments SA/NV v. U.S. Bank National Ass'n

Royal Park Investments SA/NV sued U.S. Bank National Association regarding residential mortgage-backed securities (RMBS). U.S. Bank moved to dismiss the action or disqualify Royal Park as class representative due to Royal Park's failure to produce documents from its assignors. The court, presided over by U.S. Magistrate Judge James C. Francis IV, found Royal Park's non-compliance willful but denied U.S. Bank's motion for sanctions and disqualification. The court reasoned that U.S. Bank had not yet demonstrated sufficient prejudice to warrant such severe sanctions, indicating that dismissal would be 'unnecessarily draconian'. The motion was denied without prejudice, allowing U.S. Bank to renew its application if prejudice could be shown.

Discovery SanctionsWillfulnessPrejudiceClass ActionRMBS LitigationTrust Indenture ActBreach of ContractBreach of TrustAssignor DocumentsStanding
References
31
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