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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. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. New York State Adirondack Park Agency

Lewis Family Farm (Lewis Farm) sought to build housing for farm workers in Essex County, within the Adirondack Park. The Adirondack Park Agency (APA) asserted jurisdiction, issued a cease and desist order, and levied a $50,000 civil penalty, claiming the structures were 'single family dwellings' requiring a permit. Lewis Farm challenged this, contending the housing constituted 'agricultural use structures' exempt from APA jurisdiction under the Adirondack Park Agency Act and the Wild, Scenic and Recreational Rivers System Act. The Supreme Court annulled the APA's determination, agreeing with Lewis Farm. The Appellate Division affirmed the Supreme Court's judgment, concluding that farmworker housing directly and customarily associated with agricultural use falls under the 'agricultural use structure' exemption, thus not requiring an APA permit.

Land UseAdirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsPermit RequirementsStatutory InterpretationCPLR Article 78Farmworker HousingZoning ExemptionEnvironmental Law
References
15
Case No. 11-10-00212-CV
Regular Panel Decision
Aug 02, 2012

Nathan Park, Individually and D/B/A Park Mowing Service v. Claude Payne D/B/A Haskell Tractor Service

Claude Payne d/b/a Haskell Tractor Service filed a breach of contract suit against Nathan Park d/b/a Park Mowing Service. After a bench trial, the court found in favor of Payne, awarding damages and attorney's fees. Park appealed, contending Haskell Tractor violated the contract by failing to provide required documentation and that the evidence was insufficient for the damages award. The appellate court affirmed the trial court's judgment, ruling that Park waived the defense of material breach by not requesting additional findings and that the evidence sufficiently supported the award of lost profits and attorney's fees.

Breach of ContractSubcontract AgreementLost ProfitsAttorney's FeesMaterial BreachWaiver of DefenseAppellate ReviewLegal Sufficiency of EvidenceTexas Court of AppealsContract Law
References
10
Case No. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. Adirondack Park Agency

Lewis Family Farm, Inc. (LFF), an organic farm, initiated construction of three single-family dwellings for employees within a resource management area of the Adirondack Park without a permit. The Adirondack Park Agency (Agency) issued a cease and desist order and sought enforcement, arguing these were 'single family dwellings' requiring permits, not exempt 'agricultural use structures'. LFF challenged the Agency's jurisdiction and interpretation, asserting that dwellings associated with agricultural use should be considered 'agricultural use structures'. The court annulled the Agency's determination, concluding that single-family dwellings 'directly and customarily associated with agricultural use' can qualify as 'agricultural use structures' under the APA Act, thereby dismissing the Agency's enforcement action.

Adirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsResource Management AreasPermit RequirementsStatutory InterpretationSubdivision of LandFarm Worker HousingArticle 78 ProceedingAdministrative Determination
References
54
Case No. No. 05-11-01377-CV
Regular Panel Decision
Apr 09, 2014

Noell, David W., City of Carrollton, Carrollton Property Standards Board, Crow-Billingsley Air Park, LTD, Henry Billingsley v. Air Park Common Area Preservation Association, Chad Maisel, Amy Eklund, and Dale Burgdorf

This case involves a dispute between homeowners of Air Park Dallas, a residential airpark community, and a real estate developer (Crow-Billingsley Air Park, Ltd. and Henry Billingsley), the Air Park Zoning Committee, and the City of Carrollton. The homeowners sued after the City ordered the airpark’s airport closed following its annexation of a portion of the airport and the passage of a regulating ordinance. The trial court initially found the ordinance facially valid but the closure order invalid, granting declaratory and injunctive relief to homeowners against the City and against the developer for breach of contract, fiduciary duty, and interference with easements. On appeal, the Court of Appeals affirmed the invalidation of the closure order but reversed the finding that the ordinance was facially valid, remanding claims concerning its constitutionality. The court also affirmed most of the jury’s findings against the developer and Zoning Committee, modifying only a specific part of the injunction.

Property RightsZoning OrdinanceEasementsBreach of ContractFiduciary DutyMunicipal LawConstitutional LawDue ProcessVagueness DoctrineAirport Regulation
References
92
Case No. 03-00-00127-CV
Regular Panel Decision
Aug 31, 2000

Renaissance Park and Renaissance Park Apartments v. Dora Davila

Dora Davila sued Renaissance Park and Renaissance Park Apartments for libel, slander, and negligence after a former landlord allegedly provided false rental history, preventing her from purchasing a house and renting another apartment. Davila obtained a no-answer default judgment against Renaissance for $1,222,400. Renaissance appealed, arguing improper service of process under Texas Property Code § 92.003 because Davila did not plead lack of written notice of a management company or owner, nor establish a landlord-tenant relationship with Renaissance. The appellate court found service improper as Davila failed to plead strict compliance with § 92.003 and did not allege a landlord-tenant relationship had ever existed with Renaissance. The court reversed the default judgment and remanded the case for further proceedings.

restricted appealdefault judgmentservice of processlandlord-tenant lawTexas Property Codestatutory interpretationappellate procedureimproper servicepersonal jurisdictionlibel
References
27
Case No. 15-24-00052-CV
Regular Panel Decision
Mar 10, 2025

Richard M. Young, Jr. A/K/A Richard Young v. Texas Parks and Wildlife Department, John Silovsky as Wildlife Division Director of Texas Parks and Wildlife Department, and the State of Texas

This Appellant's Reply Brief concerns an appeal by Richard M. Young, Jr. against the Texas Parks & Wildlife Department (TPWD) challenging the dismissal of his claims. Young, a deer breeder, contests TPWD's interpretation of "wild animal" and its actions related to his breeder deer, ranch, and breeding permits, arguing that they constitute an unconstitutional taking of private property without due process or just compensation. The brief highlights the argument that Young's selectively bred and confined deer are not "wild animals" under state ownership, and that his property interests, including land, business, and permits, are constitutionally protected. Citing recent Supreme Court precedents, Young argues for independent judicial review of agency statutory interpretations and emphasizes TPWD's failure to address his broader property claims. The Appellant seeks a reversal of the dismissal order or, alternatively, an opportunity to replead his expansive claims.

Wildlife ManagementProperty RightsDue ProcessInverse CondemnationJurisdictional PleaStatutory InterpretationAdministrative LawAppellate ProcedureDeer BreedingChronic Wasting Disease (CWD)
References
12
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
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. MISSING
Regular Panel Decision

Renaissance Park v. Davila

Davila sued Renaissance Park and Renaissance Park Apartments alleging libel, slander, and negligence after a previous apartment complex, Chimney Hill, reported false rental history, preventing her from buying a house and renting an apartment. Davila sought to serve Renaissance via an on-premise manager under Texas Property Code § 92.003, resulting in a no-answer default judgment for $1,222,400. Renaissance filed a restricted appeal, arguing improper service. The appellate court agreed that Davila failed to strictly comply with § 92.003 by not pleading that she lacked written notice of the management company or owner, and by not alleging a landlord-tenant relationship ever existed between herself and Renaissance. Consequently, the court reversed the default judgment and remanded the case.

Default judgmentService of processLandlord-tenant lawProperty CodeRestricted appealStatutory constructionAppellate reviewLibelSlanderNegligence
References
25
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