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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

Rogers v. Westfalia Associated Technologies, Inc.

Ronald Rogers, while performing maintenance, fell nine feet from a stationary conveyor system at Agway Feed Mill. He and his wife, Lisa Rogers, sued Westfalia Associated Technologies, Inc. and Portee, Inc., alleging negligent design and manufacturing, failure to warn, breach of warranty, and strict products liability. Westfalia, Portee, Probec, Inc., and Mill Technology, Inc. filed motions for summary judgment, arguing they owed no duty to Rogers and their products were not defective. The court found that Agway, the employer and purchaser, was in the best position to assess risks and declined optional safety equipment. Furthermore, Rogers was aware of the dangers, and warnings were posted. Consequently, the court granted all motions for summary judgment, dismissing the complaint, counterclaims, and cross-claims.

Product LiabilityNegligenceStrict LiabilityDesign DefectFailure to WarnSummary JudgmentConveyor SystemIndustrial AccidentAssumption of RiskOpen and Obvious Danger
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. 2024 NY Slip Op 05361
Regular Panel Decision
Oct 30, 2024

Rogers v. Peter Scalamandre & Sons, Inc.

The plaintiff, Michael Rogers, an employee of Certified Interiors, Inc., sustained personal injuries at a construction site when a boom lift he was operating suddenly malfunctioned. Rogers initiated an action against Peter Scalamandre & Sons, Inc., the general contractor, alleging violations of Labor Law §§ 240(1) and 241(6). Scalamandre subsequently filed a third-party action against Certified for contractual indemnification and breach of contract for failure to procure insurance. The Supreme Court granted Rogers' motion for summary judgment on Labor Law § 240(1) and largely denied other motions. The Appellate Division modified the Supreme Court's order by granting Certified's motion to dismiss the contractual indemnification claim, deeming it void under General Obligations Law § 5-322.1 due to Scalamandre's negligence, and otherwise affirmed the lower court's rulings.

Personal InjuryConstruction AccidentBoom Lift MalfunctionLabor Law § 240(1)Labor Law § 241(6)General Obligations Law § 5-322.1Contractual IndemnificationSummary JudgmentAppellate ReviewThird-Party Action
References
32
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. 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

Salemeh v. Toussaint

A dissenting opinion by Justice Saxe addresses the liability of an unincorporated labor union for violent acts committed by its members during a rally. Plaintiff Wajeh Salemeh, a security guard, was severely beaten by approximately 40 union members, including defendant Frank McCann, Jr., during a union-organizing rally at New York Waterways Pier 79. Salemeh sued Roger Toussaint, as President of Local 100, and McCann, Jr. The motion court dismissed the complaint, relying on the precedent set in *Martin v Curran*, which limits the liability of unincorporated associations to individual members who authorized or ratified the specific acts. Justice Saxe argues that *Martin v Curran* is outdated and unjust, urging for a reevaluation of the common law to hold unions collectively responsible for tortious acts committed under their banner. He proposes that General Associations Law § 13 is procedural, not substantive, and should not shield unions from liability, voting to reverse the summary judgment and reinstate the complaint against the union.

Union LiabilityUnincorporated AssociationsTort LawAssault and BatteryCommon Law DevelopmentProcedural LawSubstantive LawVicarious LiabilityRatificationSummary Judgment
References
8
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

Gjertsen v. Mawson & Mawson, Inc.

This case involves an appeal concerning an action to recover damages for personal injuries sustained by a dockworker at a construction site. The plaintiff's employer, George W. Rogers, Inc., had paid workers' compensation. The appellants, Ingram & Greene, Inc. (a subcontractor) and H. Sand & Co., Inc. (the general contractor), sought indemnification from the employer, George W. Rogers, Inc., for the plaintiff's injuries. The initial order from the Supreme Court, Kings County, had dismissed their cross-claims and denied H. Sand & Co., Inc.'s motion to amend its answer. The appellate court reversed this order, finding that federal maritime law allows for indemnification based on either an express agreement or an implied warranty of workmanlike performance, and that Labor Law sections 240(1) and 241(6) impose liabilities equivalent to the doctrine of unseaworthiness.

Personal InjuryIndemnificationCross-claimsLongshoremen's and Harbor Workers' Compensation ActFederal Maritime LawState Court JurisdictionImplied Warranty of Workmanlike PerformanceLabor Law ViolationsStrict LiabilityThird-Party Beneficiary
References
13
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
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