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

Case No. MISSING
Regular Panel Decision

Rymer v. Colvin

Plaintiff Amy Lynn Rymer sought review of the Commissioner of Social Security's decision denying her Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Rymer alleged disability due to bipolar disorder, depression, and anxiety, with the case being heard by ALJ Jennifer Whang before reaching the District Court. District Judge Michael A. Telesca granted Rymer's motion for judgment on the pleadings and denied the Commissioner's cross-motion. The court found that the ALJ failed to properly apply the treating physician rule regarding Dr. Choe's opinion and made erroneous findings concerning Listing 12.04 and the Residual Functional Capacity (RFC) assessment. Consequently, the matter was reversed and remanded to the Commissioner for the sole purpose of calculating and paying benefits to the plaintiff.

Social Security ActDisability Insurance BenefitsSupplemental Security IncomeBipolar DisorderDepressionAnxietyPost-Traumatic Stress DisorderPersonality DisorderTreating Physician RuleResidual Functional Capacity
References
17
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. 2025 NYSlipOp 07110
Regular Panel Decision
Dec 18, 2025

People v. R.V.

The Appellate Division, First Department, affirmed an order by the Supreme Court, New York County, which granted the defendant R.V.'s CPL 210.40 motion to dismiss the indictment in furtherance of justice. The court found that the Supreme Court providently exercised its discretion, noting that R.V. purchased a false Covid-19 vaccination card to maintain employment as an essential worker during the pandemic. The decision highlighted that R.V.'s actions caused no specific or societal harm, supporting the dismissal in the interest of justice.

Indictment DismissalInterest of JusticeCPL 210.40COVID-19 Vaccination CardEssential WorkerAppellate ReviewDiscretionary DismissalLack of Harm
References
2
Case No. MISSING
Regular Panel Decision

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

This concurring opinion by Justice Abdus-Salaam addresses two cases, Doerr v Goldsmith and Dobinski v Lockhart, concerning negligence claims against domestic animal owners for injuries caused by their pets. The opinion reaffirms the long-standing "vicious propensities" rule established in Bard v Jahnke, which limits liability solely to strict liability when an owner knew or should have known of an animal's dangerous tendencies. Justice Abdus-Salaam rejects arguments to extend the Hastings v Sauve precedent, which allowed negligence claims for farm animals straying from property, to domestic pets. The opinion also refutes the distinction between an owner's active control and passive failure to restrain, emphasizing that a pet's volitional behavior is the ultimate cause of harm. Consequently, Justice Abdus-Salaam votes to dismiss the negligence claims in both cases and affirms the dismissal of Dobinski's strict liability claim due to insufficient evidence of the owners' prior knowledge of their dogs' propensities.

Animal LawNegligenceStrict LiabilityDomestic AnimalsFarm AnimalsVicious Propensity RuleDuty of CareSummary JudgmentAppellate ReviewCourt of Appeals
References
20
Case No. 2023 NY Slip Op 04648 [219 AD3d 1393]
Regular Panel Decision
Sep 20, 2023

Alliance Natl. Ins. Co. v. Hagler

This case involves an action brought by Alliance National Insurance Company (plaintiff) against Daryl Hagler and other defendants for breach of contract and on an account stated, stemming from alleged unpaid Workers' Compensation and Employers' Liability policy payments. The Supreme Court, Nassau County, initially granted the plaintiff's motion for summary judgment and for a declaratory judgment regarding "Loss Funding obligations." However, the Appellate Division, Second Department, reversed this judgment. The appellate court found that the plaintiff failed to establish a prima facie case for summary judgment on the account stated cause of action due to insufficient proof of invoice mailing and receipt. Additionally, the plaintiff could not demonstrate prima facie entitlement to summary judgment on the breach of contract claims, failing to properly calculate premiums for some defendants and unable to prove a contractual obligation for administrative fees for others. The court also noted that the declaratory relief granted was not requested in the pleadings.

Breach of ContractAccount StatedSummary JudgmentDeclaratory JudgmentWorkers' Compensation PoliciesLoss Funding ObligationsAppellate ReviewPrima Facie CaseInvoice MailingContractual Obligation
References
8
Case No. MISSING
Regular Panel Decision

People v. Johnson

This opinion from the Court of Appeals addresses the critical issue of juror impartiality in criminal trials, specifically concerning challenges for cause when prospective jurors express doubts about their fairness. The Court consolidated three cases: People v. Johnson and People v. Sharper, both robbery cases involving juror bias towards police testimony, and People v. Reyes, a drug sale case where jurors harbored biases related to drug abuse and a defendant's prior convictions. The Court reiterated that when potential jurors reveal a state of mind likely to preclude impartial service, they must provide unequivocal assurance of their ability to set aside any bias and render a verdict based solely on evidence. Concluding that the trial judges in these cases failed to obtain such unequivocal assurances, the Court affirmed the Appellate Division's reversal of convictions in Johnson and Sharper, and reversed the Appellate Division's affirmation of conviction in Reyes, ordering a new trial. This decision underscores the fundamental constitutional right to an impartial jury and clarifies the standard for excusing biased jurors under CPL 270.20.

Jury SelectionVoir DireJuror ImpartialityChallenge for CauseUnequivocal AssurancePolice Testimony BiasDrug Offense BiasPrior Conviction BiasCriminal Procedure LawAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

MATTER OF THEROUX v. Reilly

The New York State Court of Appeals addressed whether eligibility for benefits under General Municipal Law § 207-c requires a 'heightened risk' standard for injuries sustained by municipal employees in law enforcement duties. The court concluded that section 207-c does not mandate such a standard, interpreting 'duties' to encompass the full range of a covered employee's job responsibilities. It clarified that eligibility only necessitates demonstrating a 'direct causal relationship between job duties and the resulting illness or injury.' Consequently, the Court reversed the Appellate Division orders in three consolidated cases (Theroux v Reilly, Wagman v Kapica, and James v County of Yates Sheriff’s Dept.) that had erroneously applied the 'heightened risk' standard, reinstating Supreme Court orders in two and remitting one for further proceedings.

Workers' CompensationGeneral Municipal LawPolice OfficersFirefightersDisability BenefitsStatutory InterpretationAppellate ReviewCausal RelationshipJob DutiesPublic Safety Officers
References
20
Case No. MISSING
Regular Panel Decision

Bartoo v. Buell

This case addresses whether the homeowner exemption of Labor Law § 240 (1) and § 241 (6) applies to structures used for both residential and commercial purposes. The court applies a "site and purpose" test to determine applicability. In Bartoo v Buell, the repair of a barn roof, used for both personal storage and commercial golf cart storage, was deemed primarily residential, thus granting the owner exemption. In Anderson v Flanagan, the addition of a bedroom to a home also operating a daycare center was found to be directly related to residential use, exempting the owner from liability. The Court concluded that owners of one- or two-family dwellings who do not direct or control the work are shielded by the homeowner exemption when the work directly relates to the residential use of the home, even if it also serves a commercial purpose.

Homeowner ExemptionLabor LawDual-Use PropertyResidential UseCommercial UseStrict LiabilitySite and Purpose TestScaffold CollapseRoof RepairBedroom Addition
References
7
Case No. MISSING
Regular Panel Decision
Jan 19, 1994

Whirlpool Corp. v. Philips Electronics, N.V.

This case involves Whirlpool Corporation seeking to confirm a foreign arbitral award against Philips Electronics N.V., while Philips moved to dismiss or stay the action pending further arbitration. The dispute arose from a joint venture and subsequent acquisition of Philips' Argentine MDA operations by Whirlpool, specifically concerning the revaluation of fixed assets and the applicable accounting policies under their Reorganization and Purchase Agreement (RPA) and Amendment No. 1. An initial arbitration before Arthur Andersen & Co. ruled in favor of Whirlpool, determining that Schedule G of the RPA, which limited asset revaluation, applied despite Philips' arguments for a different "Schedule G (Argentina)." The court, presided over by District Judge Sweet, affirmed Andersen's jurisdiction and the validity of its binding award. Consequently, Whirlpool's motion to confirm the foreign arbitral award was granted, and Philips' motion to dismiss or stay the action was denied.

Arbitral Award ConfirmationForeign ArbitrationContract DisputeAccounting PoliciesAsset ValuationJoint VentureCorporate AcquisitionFederal Arbitration ActDispute ResolutionJudicial Review of Arbitration
References
20
Case No. 2024 NY Slip Op 24027 [82 Misc 3d 1068]
Regular Panel Decision
Jan 30, 2024

People v. Clifford

This case involves the prosecution of Jasmine Clifford, Nadayza Barkley, R.V., and J.O. in New York County for charges related to the falsification and purchase of COVID-19 vaccine cards. Clifford and Barkley are accused of selling hundreds of falsified cards and entering false information into the NYSIIS database. R.V. and J.O. are alleged purchasers of these cards. The court granted the motions to dismiss for R.V. and J.O., citing their individual circumstances, the less serious nature of their alleged offenses, and a lack of proven specific harm. However, the court denied the motions for Clifford and Barkley, emphasizing the seriousness of their actions in profiting from the scheme and tampering with a state database.

Criminal PossessionForged InstrumentCOVID-19 VaccineVaccine MandatesDismissal in Interest of JusticeCPL 210.40NYSIIS DatabasePublic Health EmergencyProsecutorial DiscretionNew York Penal Law
References
18
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