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Case Law Database

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

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

Richter v. New York

Plaintiff Wilburt Richter, pro se, sued the City and State of New York, challenging the constitutionality of mass transit fares in New York City. Richter argued that the fares were unconstitutionally high due to an unlawful Transit Workers Union strike that coerced the City into unfavorable collective bargaining agreements. District Judge Owen found that the plaintiff's constitutional argument was without merit, stating that the Constitution does not extend to such governmental actions without overriding concerns for protected individual rights. The court dismissed the action for failure to state a claim, found the claim frivolous under Rule 11, and referred the issue of attorney's fees to a magistrate.

Constitutional ChallengeMass Transit FaresFrivolous LitigationRule 11 SanctionsAttorney's FeesPro Se PlaintiffDue Process ClauseCollective Bargaining AgreementsUnion StrikeGovernmental Action
References
6
Case No. CA 11-00125
Regular Panel Decision
Jun 17, 2011

COMMUNICATION WORKERS OF AMERICA, L v. TOWN OF GREECE

This case concerns an appeal from an order of the Supreme Court, Monroe County, which partially vacated an arbitration award. The arbitration involved a disciplinary action against a Town of Greece police sergeant, a member of the Communication Workers of America, Local 1170, who had been demoted. The arbitrator found just cause for demotion but deemed a permanent demotion unreasonable, converting it to a one-year demotion. The Union sought to confirm the award, while the Town sought partial vacatur. The Appellate Division, Fourth Judicial Department, reversed the Supreme Court's order, granted the Union's petition, denied the Town's cross-petition, and confirmed the arbitration award. The court held that the arbitrator did not exceed his authority by modifying the penalty, as the collective bargaining agreement allowed for such a determination if the penalty was found unreasonable, arbitrary, or capricious, and did not contain specific limitations on the arbitrator's power to fashion a new penalty.

Collective Bargaining AgreementArbitration AwardPublic PolicyGrievanceDemotionAppellate ReviewJudicial AuthorityArbitrator's PowerContractual InterpretationUnreasonable Penalty
References
10
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

Members for a Democratic Union v. Local 1101, Communications Workers

Plaintiffs, Members for a Democratic Union (MDU) and individual members, sought mandatory injunctive relief to compel defendants, Local 1101, Communications Workers of America, AFL-CIO, and its officers, to publish an advertisement promoting a 'Defense Fund' in the union's newspaper, 'The Generator'. They argued this right under section 101(a)(2) of the Labor-Management Reporting and Disclosure Act. The defendants maintained a policy of not accepting paid advertisements, only publishing free notices for union member benefits, and argued this policy was reasonable and consistently applied. The court distinguished the case from previous rulings, noting that 'The Generator' had not 'opened the forum' to commercial speech or taken a stance on the Defense Fund issue. The court also noted that plaintiffs had other viable communication channels. Ultimately, the court found the defendants' policy to be reasonable and granted their motion for summary judgment, denying the plaintiffs' motion and dismissing the action.

Labor LawUnion DemocracyFreedom of SpeechLabor-Management Reporting and Disclosure ActSummary JudgmentUnion NewspaperAdvertising PolicyInjunctive ReliefFirst AmendmentInternal Union Affairs
References
18
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
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. MISSING
Regular Panel Decision

Sharpe v. MCI COMMUNICATIONS SERVICES, INC.

Byron Sharpe, an African-American former employee of MCI Communications Services, Inc., filed a lawsuit alleging racial discrimination, retaliation, and a racially hostile work environment after his employment was terminated as part of a Reduction in Force in March 2006. Sharpe had previously complained about his direct manager's confrontational style, leading to the manager's reassignment. The court granted MCI's motion for summary judgment, finding that Sharpe failed to provide sufficient evidence to support his claims. Specifically, the court concluded that no reasonable jury could find that Sharpe was subjected to a hostile work environment due to his race, nor that his termination was motivated by race or in retaliation for his complaints. The court also dismissed his claims under State and City Human Rights Laws.

Employment DiscriminationRacial DiscriminationHostile Work EnvironmentRetaliationSummary Judgment MotionTitle VII Civil Rights ActNew York Human Rights LawWorkplace LayoffPretextDiscriminatory Intent
References
37
Case No. MISSING
Regular Panel Decision

Communication Workers of America v. Town of Greece

The Communication Workers of America, Local 1170 (Union) appealed an order that partially vacated an arbitration award concerning the demotion of a Town of Greece police sergeant. The arbitrator had sustained disciplinary charges but reduced a permanent demotion to one year, finding the original penalty unreasonable. The appellate court reversed the Supreme Court's order, agreeing with the Union that the arbitrator acted within his broad discretion and authority under the collective bargaining agreement. The court reiterated that an arbitrator's award can only be vacated if it violates strong public policy, is irrational, or clearly exceeds specific limitations. Finding no such exceeding of authority, the appellate court granted the Union's petition to confirm the arbitration award and denied the Town's cross-petition.

Arbitration AwardCollective Bargaining AgreementDemotionDisciplinary ActionArbitrator AuthorityJudicial ReviewLabor DisputeAppellate CourtMonroe CountyCPLR Article 75
References
10
Case No. MISSING
Regular Panel Decision

Turner v. Niagara Frontier Transportation Authority

Plaintiff Emmett L. Turner was severely injured after an accident on the vessel "Samuel Wilkeson," where he tripped and fell through an open hatch, resulting in quadriplegia. He sued his employer, Niagara Frontier Transportation Authority (NFTA), and the vessel owner, City of Buffalo, alleging negligence and unseaworthiness. The City moved for summary judgment, arguing it was not Turner's employer and had relinquished control of the vessel through a charter. The court denied the City's motion, finding genuine issues of material fact regarding its potential liability for both negligence and unseaworthiness, especially concerning defects present prior to the charter agreement. Additionally, the NFTA's motion to amend its answer to include a defense of waiver of federal remedies due to the plaintiff's acceptance of state workers' compensation was also denied, as there was no evidence of an unqualified waiver.

Maritime LawUnseaworthinessNegligenceJones ActSummary JudgmentWorkers' CompensationVessel CharterOwner LiabilityFederal Rules of Civil ProcedurePersonal Injury
References
41
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