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

Case No. CA 12-01554
Regular Panel Decision
Apr 26, 2013

SMITH, PAUL J. v. NESTLE PURINA PETCARE COMPANY

Paul J. Smith, a plaintiff, sued Nestle Purina Petcare Company (Nestle) for injuries sustained after slipping and falling in a grain silo during a construction project. Nestle then initiated a third-party action against E.E. Austin & Son, Inc. (Austin), Smith's employer. The Supreme Court denied motions for summary judgment from Nestle and Austin. On appeal, the Appellate Division modified the order, granting summary judgment to Nestle and Austin on Labor Law § 240 (1) and most of § 241 (6) claims, finding the injury unrelated to ladder use and certain regulations inapplicable. However, the court affirmed the denial of summary judgment on the Labor Law § 241 (6) claim based on 12 NYCRR 23-1.7 (e) (2), the Labor Law § 200/common-law negligence claims, and the contractual indemnification claim between Nestle and Austin due to unresolved factual issues regarding Nestle's negligence.

Labor LawWorkplace InjuryConstruction AccidentSummary JudgmentContractual IndemnificationAppellate DivisionPremises LiabilityNegligenceSlip and FallGrain Silo
References
24
Case No. 2019 NY Slip Op 06859
Regular Panel Decision
Sep 26, 2019

Matter of Sariyah L.J. (Antonio J.)

The Appellate Division, First Department, affirmed a Family Court order that denied Antonio J.'s motion to vacate a default order which determined him to be a notice-only father. The court found that Antonio J. failed to provide a reasonable excuse for his default, having chosen to attend a meeting with his shelter worker without notifying his attorney or the court. Furthermore, he failed to demonstrate a meritorious defense, as his affidavit did not establish substantial and continuous contact or financial support for the child, Sariyah L.J., in accordance with Domestic Relations Law § 111 [1] [d]. The appeal from the underlying August 20, 2018 order was dismissed as nonappealable.

Family LawPaternityDefault JudgmentVacaturParental RightsChild CustodyAppellate ProcedureDue ProcessInfant CaseMotion Practice
References
4
Case No. MISSING
Regular Panel Decision
Feb 25, 1982

Claim of Fabrizio v. J. R. J. Concrete Corp.

Claimant, a construction foreman, sustained injuries in 1976 while employed by J. R. J. Concrete Corporation and was subsequently awarded workers' compensation benefits. The employer and its carrier appealed the award amount, contending that the claimant had intentionally limited his income after the injury to continue receiving Social Security benefits. The Workers' Compensation Board concluded that the claimant did not limit his income. The appellate court found substantial evidence to support the board's determination regarding factual questions and credibility, thus affirming the decision.

Workers' CompensationReduced EarningsSocial Security BenefitsAccidental DisabilityCredibilitySubstantial EvidenceAppellate ReviewConstruction ForemanInjury ClaimBoard Determination
References
4
Case No. MISSING
Regular Panel Decision

Hanna v. Clarke

Albert J. Hanna, an executive delegate of Buffalo Local No. 1, brought an action against Paul J. Clarke, president of the Empire State Telephone Workers’ Organization, seeking a declaratory judgment. Hanna challenged his removal by the union's executive committee for allegedly not taking an active part in a meeting. He argued he was deprived of a fair hearing, as his request for postponement due to dental surgery was denied, and that his actions did not warrant charges under the union's constitution. The court found that while Hanna's actions were "childish, undignified and irritating," they did not justify the charges. Consequently, the court granted Hanna a declaratory judgment, declaring the executive committee's action null and void and enjoining them from disapproving his redesignation on the grounds previously stated.

Declaratory JudgmentUnion LawExecutive DelegateFair HearingDue ProcessUnion ConstitutionInternal Union DisputeWorkers' RightsPostponement RefusalExecutive Committee
References
1
Case No. MISSING
Regular Panel Decision

Region v. W. J. Woodward Construction, Inc.

This case concerns an appeal regarding the electrocution death of a construction worker and the application of Labor Law § 240. The decedent, Grover J. Region, an ironworker employed by McBrearity's Metal Building Erectors, was fatally injured on November 18, 1982, when a crane cable he was helping to operate came into contact with high tension electric lines at a construction site in Ulster County. The plaintiff, administratrix of the decedent's estate, filed a lawsuit against property owner William J. Woodward and contractor W. J. Woodward Construction, Inc., among others, alleging a violation of Labor Law § 240 (1) due to the failure to provide proper safety measures for crane operation near electrical hazards. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability against Woodward and Woodward Construction, who subsequently appealed this decision. The appellate court affirmed the lower court's ruling, finding that the defendants had violated Labor Law § 240 (1) by failing to implement necessary safety precautions for the crane, which was being used as a hoist, thereby incurring absolute liability for the injuries proximately caused.

ElectrocutionConstruction AccidentCrane OperationLabor Law § 240Absolute LiabilityWorker SafetySummary JudgmentAppellate ReviewContractor LiabilityOwner Liability
References
9
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

In re Michael Anthony Vincent J.

The Family Court of Bronx County initially dismissed petitions to terminate the parental rights of Lillian T. and Kevin Vincent J. concerning their children, Michael Anthony Vincent J. and Rose Antionette J. This appellate court reversed that decision, finding clear and convincing evidence that the petitioner agency, St. Christopher-Ottilie and the Commissioner of Social Services, made diligent efforts to reunite the family. The respondents were found to have permanently neglected their children by failing to maintain consistent contact and refusing to cooperate with necessary services. Consequently, the appellate court reinstated the petitions, entered findings of neglect, and remanded the matter for a dispositional hearing.

Parental Rights TerminationChild NeglectDiligent EffortsSocial Services LawFamily Court AppealBronx CountyFoster Care PlacementParental Non-cooperationEvidentiary StandardsAppellate Reversal
References
1
Case No. 2007 NY Slip Op 27390
Regular Panel Decision
Sep 04, 2007

Matter of A. J.

The Administration for Children's Services (ACS) filed a petition alleging that four-year-old T.J. sustained multiple injuries, including a second-degree burn, while in the care of her biological parents, Toni N. and Tyrell J. The parents had previously been found to have abused T.J. The court found the parents' explanations for the injuries incredible and inconsistent with medical testimony from Dr. Philip Hyden, an expert in pediatrics and child abuse. The court entered findings of abuse against both parents for T.J. under Family Court Act § 1012 (e) (i) and derivative abuse findings for her siblings, J.W., J.N., A.J., A.N., and T.S., under Family Court Act § 1012 (e) (ii). Furthermore, the court determined that T.J. was "repeatedly abused" as defined by Social Services Law § 384-b (8) (b) due to the prior abuse findings and the unsuccessful efforts to rehabilitate the parents. However, derivative findings of repeated abuse were not made for the siblings.

Child AbuseRepeated AbuseDerivative AbuseFoster CareParental RightsFamily Court ActSocial Services LawPhysical InjuryMedical ExpertChild Protection Unit
References
10
Case No. MISSING
Regular Panel Decision

Orneika J. v. Harriet J.

This case concerns an appeal of a Family Court order from Bronx County, entered on August 5, 1983, which terminated the mother's parental rights to her daughter, Orneika J., and awarded custody to Sheltering Arms Children’s Service for adoption. The appellate court found substantial evidence supporting the termination due to the mother's chronic undifferentiated schizophrenia and inability to provide adequate care, including a history of hospitalizations. However, the decision was unanimously reversed because the mother was denied her statutory right to counsel during both the fact-finding and dispositional hearings. Her attorney remained mute due to an inability to communicate with the hospitalized client, and the court failed to investigate the lack of communication or possibilities for the client's presence. The matter was remanded for a new hearing within 30 days to ensure the mother's due process rights are observed.

Parental Rights TerminationRight to CounselMental IllnessAppellate ReviewDue ProcessAdjournment DenialGuardian Ad LitemSchizophreniaChild CustodyFamily Court Act
References
2
Case No. 2021 NY Slip Op 04274
Regular Panel Decision
Jul 08, 2021

Matter of J.D. (S.A.--M.A.)

The Appellate Division, First Department, affirmed orders of disposition from the Bronx County Family Court, which found a respondent neglected and abused J.D. and derivatively neglected and abused adoptive children M.A. and E.A. The court based its decision on J.D.'s detailed out-of-court statements, corroborated by an older sibling's testimony and explicit photographs. The Family Court's decision to quash a subpoena for J.D.'s testimony due to potential psychological harm was also upheld. The ruling emphasized the respondent's impaired parental judgment demonstrated by long-term sexual abuse, creating a substantial risk to his children.

child abuseneglectFamily CourtAppellate Divisionparental judgmentout-of-court statementscorroborationsubpoenaPTSDderivative neglect
References
6
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