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

Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
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

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. 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

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

Kahn v. Superior Chicken & Ribs, Inc.

The plaintiff, Yousuf Mohammad Kahn, initiated this action against his former employer, Superior Chicken & Ribs, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law concerning overtime pay. The court had previously dismissed claims related to meal periods and statutory contributions. The defendant subsequently filed for summary judgment on the outstanding overtime claims, contending that Kahn was exempt from overtime requirements as an executive or administrative employee. The court determined that Kahn satisfied both the 'salary basis' and 'duties' components of the exemption's short test, citing his application for a managerial position, prior work experience, sole on-site supervisory role, distinct uniform, and prior self-identification as a manager to medical professionals and in a bankruptcy filing. Consequently, the court granted the defendant's motion for summary judgment, thereby ruling that Kahn was indeed exempt from federal and state overtime pay regulations. The defendant's request for attorneys' fees was denied due to procedural non-compliance with Rule 11 and the absence of a bad faith finding under 28 U.S.C. § 1927.

FLSAOvertime PaySummary JudgmentExecutive ExemptionAdministrative ExemptionNew York Labor LawManagerial DutiesSalary Basis TestDuties TestEmployment Law
References
12
Case No. MISSING
Regular Panel Decision

Hamilton v. Miller

In this consolidated appeal involving two personal injury actions, Giles v Yi and Hamilton v Miller, the New York Court of Appeals addressed the scope of medical report disclosure under 22 NYCRR 202.17(b)(1). Plaintiffs, alleging lead-based paint exposure during childhood caused numerous injuries, were ordered by Supreme Court, affirmed by the Appellate Division, to produce new medical reports detailing diagnoses and causal links to lead exposure prior to defense medical examinations. The Court of Appeals ruled this was an abuse of discretion, stating plaintiffs only need to produce existing reports from treating or examining providers, but these reports must contain the required diagnostic and prognostic information. The Court clarified that requiring new reports solely for litigation or mandating causation at this early discovery stage exceeded the rule's scope. It also denied a motion for judicial notice of federal lead-based paint findings as these are not 'law' under CPLR 4511. The orders were modified and affirmed, with remittal to Supreme Court for further proceedings.

Lead Poisoning LitigationDiscovery ProceduresMedical Report DisclosureCausation EvidencePreclusion OrdersBills of Particulars AmendmentJudicial DiscretionAppellate ReviewNew York Civil Practice Law and RulesCode of Rules and Regulations of New York
References
21
Case No. 2017 NY Slip Op 00956
Regular Panel Decision
Feb 08, 2017

Cacanoski v. 35 Cedar Place Associates, LLC

The plaintiff, Krste Cacanoski, was injured after falling through a skylight during asbestos removal work for 35 Cedar Place Associates, LLC. He commenced an action against 35 Cedar Place Associates, LLC, alleging a violation of Labor Law § 240 (1) for failing to provide adequate safety devices. 35 Cedar Place Associates, LLC, subsequently initiated a third-party action against Cacanoski's employer, Superior Abatement, Inc., seeking contractual indemnification under a subcontract executed after the accident. The Supreme Court denied both the plaintiff's motion for summary judgment on the Labor Law claim and Superior Abatement, Inc.'s motion to dismiss the third-party complaint. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order with respect to the plaintiff's motion, granting summary judgment on the Labor Law § 240 (1) cause of action, finding that the absence of necessary protection was a proximate cause of the plaintiff's injuries. The court affirmed the denial of Superior Abatement, Inc.'s motion to dismiss the third-party complaint, concluding that a triable issue of fact existed regarding whether the parties intended the indemnification provision to apply retroactively.

Labor Law § 240(1)Personal InjurySummary JudgmentAsbestos RemovalFall from heightSky-lightContractual IndemnificationRetroactive AgreementWorkers' Compensation Law § 11Appellate Division
References
19
Case No. 17 NY3d 957
Regular Panel Decision

People v. Heidgen

This consolidated opinion from the New York Court of Appeals addresses challenges to depraved indifference murder convictions in three separate cases: People v Heidgen, People v Taylor, and People v McPherson. Each defendant was convicted for causing fatalities through egregiously reckless intoxicated driving. The Court affirmed the convictions, ruling that despite intoxication, there was legally sufficient evidence for juries to find the requisite mental state of depraved indifference, distinguishing these cases from prior rulings like People v Valencia and People v Prindle. The Court emphasized the fact-specific nature of depraved indifference cases. Additionally, it addressed and rejected arguments regarding the legality of blood tests and claims of ineffective assistance of counsel.

Depraved indifference murderVehicular homicideIntoxicated drivingReckless endangermentBlood alcohol contentDrug intoxicationMental stateMens reaLegal sufficiencyIneffective assistance of counsel
References
15
Case No. MISSING
Regular Panel Decision

Allstate Insurance v. Denbleyker

This case addresses whether an insured is entitled to reduce a no-fault insurer’s lien for Additional Personal Injury Protection (APIP) benefits by contributing to the insured's attorneys’ fees from an underlying personal injury action. Plaintiff Allstate Insurance Company appealed the Supreme Court's decision to reduce its $26,000 lien, arguing that the attorneys’ 'Kelly rights' do not extend to automobile insurance subrogation. The appellate court determined that Matter of Kelly v State Ins. Fund and Matter of Richards v United Health Servs. are inapplicable as they concern Workers’ Compensation Law and distinguishable facts, respectively. Instead, citing Breier v Government Empls. Ins. Co., the court held that a contingency fee agreement between an insured and their counsel cannot be enforced against a lienor who was not a party to that agreement. Consequently, the appellate court reversed the lower court's order, denying the defendant's attorneys' motion and granting Allstate's cross motion to enforce its lien.

SubrogationNo-Fault InsuranceAPIP BenefitsAttorneys' FeesLien ReductionPersonal InjuryWorkers' Compensation LawContingency FeeInsurance LawAppellate Court
References
3
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