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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

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

The court reviewed CPLR article 78 petitions challenging the New York State Urban Development Corp.'s (ESDC) modification of the Atlantic Yards Project plan under the State Environmental Quality Review Act (SEQRA). Petitioners argued ESDC irrationally maintained a 10-year project build-out date and failed to mandate a supplemental environmental impact statement (SEIS), despite significant project delays outlined in new agreements. The court found ESDC's continued use of the 10-year build date arbitrary and capricious and its environmental analysis inadequate, necessitating an SEIS to address prolonged construction impacts. However, the court denied a stay on Phase I construction, citing its advanced stage and prior environmental review.

Environmental ReviewSEQRAAtlantic Yards ProjectProject Build-Out DelaySupplemental Environmental Impact Statement (SEIS)Rational Basis ReviewArbitrary and CapriciousDevelopment AgreementMTA AgreementNeighborhood Character Impacts
References
19
Case No. MISSING
Regular Panel Decision

Klein v. A.D. Development Ltd.

Frank Klein's motion to consolidate action numbers 1 and 2 was granted without opposition. Defendant Kala Zaveri, also president of A.D. Development Ltd., filed a cross-motion for summary judgment in the consolidated action, arguing she was exempt from liability under Labor Law § 240 (1) as an owner of a single-family dwelling. However, the court denied her motion, finding that the dwelling was part of a commercial enterprise intended for resale, not personal use. The court reasoned that the homeowner's exemption did not apply to commercial developers, emphasizing the statute's intent to place responsibility for worker safety on those best suited to provide such safeguards.

Labor Law § 240 (1)Homeowner ExemptionCommercial EnterpriseSummary JudgmentStatutory InterpretationWorker SafetyConsolidated ActionDeveloper LiabilityThird-Party Action
References
3
Case No. MISSING
Regular Panel Decision

Anderson v. New York State Urban Development Corp.

This case involves a judicial review of a determination by the New York State Urban Development Corporation (doing business as Empire State Development Corporation) to condemn real property. The petitioners challenged the determination on two grounds: first, that the respondent failed to make a specific finding regarding a feasible method for relocating displaced families as required by the UDC Act § 10(g); and second, that the respondent did not adequately consider the socioeconomic impact of displacement under the State Environmental Quality Review Act (SEQRA). The court found no merit in the petitioners' contentions, concluding that the respondent did make the necessary finding for relocation, which was supported by the final environmental impact statement (FEIS). The court also determined that the respondent properly considered the project's socioeconomic impact on the community as a whole, satisfying SEQRA requirements. Consequently, the court confirmed the respondent's determination, denied the petition, and dismissed the proceeding.

Eminent DomainCondemnationEDPL 207SEQRARelocation PlanPublic UseEnvironmental ReviewUrban DevelopmentJudicial ReviewDisplaced Persons
References
5
Case No. MISSING
Regular Panel Decision
May 04, 2017

Claim of Manocchio v. ABB Combustion Engineering

Claimant Robert Manocchio, a boilermaker, developed pleural plaque due to asbestos exposure, filing a workers' compensation claim in 1999. ABB Combustion Engineering, his most recent employer with asbestos exposure, was found liable. ABB's carrier sought to apportion liability among Manocchio's prior employers under Workers' Compensation Law § 44, arguing that the disease's latency suggested earlier causal factors. However, the Workers' Compensation Board denied this request due to a lack of objective proof that Manocchio contracted the disease while with other employers. The Appellate Division, Third Department, affirmed this decision, holding that the Board's factual determinations regarding the date of contraction and disablement were supported by substantial evidence and would not be disturbed.

Occupational DiseaseAsbestos ExposurePleural PlaqueWorkers' CompensationApportionment of LiabilityDate of ContractionDate of DisablementSubstantial EvidenceAppellate ReviewEmployer Liability
References
4
Case No. MISSING
Regular Panel Decision

Brown v. County of Erie

This appellate case concerns the standing of petitioners, Building and Construction Trades Council of Buffalo and Vicinity and Operating Engineers Local 17 Training Fund, to challenge a public works contract awarded by Erie County to Tom Greenauer Development, Inc. Petitioners argued the contract was invalid due to Greenauer's non-compliance with a local law requiring a certified worker training program. The Supreme Court's decision granting the petition was reversed on appeal, with the appellate court concluding that petitioners lacked standing. The court held that petitioners failed to demonstrate an actual injury in fact distinct from the general public, deeming their alleged harm speculative and insufficient for associational or organizational standing. A dissenting opinion argued that petitioners did have standing, emphasizing the local law's intent to promote apprenticeship programs and the direct impact of the county's non-compliance on petitioners' ability to participate.

StandingPublic ContractsLocal LawWorker Training ProgramApprenticeshipErie CountyCPLR Article 78PreemptionERISAInjury in Fact
References
12
Case No. MISSING
Regular Panel Decision

Erie County Industrial Development Agency v. Roberts

This CPLR article 78 proceeding addresses whether the prevailing wage requirement of Labor Law § 220 applies to private construction projects financed by industrial development agencies using tax-exempt bonds. The petitioners, Quo Vadis Editions, Inc. and Erie County Industrial Development Agency, challenged the Commissioner of Labor's determination that such projects constitute "public works." Special Term ruled against the Commissioner, prohibiting the application of the prevailing wage requirement. The appellate court affirmed Special Term's decision, concluding that these projects are not "public works" because their fundamental purpose is private, with the private developer retaining economic ownership and benefits, despite the agency's formal title for financing mechanisms.

Prevailing WageIndustrial Development AgenciesTax-Exempt BondsPublic Works DoctrineLabor LawGovernmental FunctionPrivate DevelopmentDeclaratory ReliefStatutory InterpretationEconomic Development Incentives
References
9
Case No. MISSING
Regular Panel Decision

Roosevelt Islanders for Responsible Southtown Development v. Roosevelt Island Operating Corp.

This case involves consolidated appeals challenging the Roosevelt Island Operating Corporation's (RIOC) approval of the Related/Hudson site plan for Southtown development. Petitioners, Alternative Southtown Design Committee and Roosevelt Islanders for Responsible Southtown Development, argued RIOC failed to comply with the State Environmental Quality Review Act (SEQRA) by not requiring a supplemental Environmental Impact Statement (EIS) and that the plan violated the General Development Plan (GDP). The Supreme Court's judgment, which had dismissed RIRSD's petition as untimely, was modified on appeal, finding the petition timely but denying it on the merits. The appellate court affirmed the dismissal of Alternative's petition and the denial of RIRA's intervention, concluding that RIOC took the requisite "hard look" at environmental impacts and its decision was not arbitrary or capricious. Furthermore, the court found petitioners lacked standing to challenge the GDP's breach as they were merely incidental beneficiaries.

SEQRAEnvironmental ImpactGeneral Development PlanRoosevelt IslandLand UseUrban DevelopmentSite PlanJudicial ReviewArticle 78 ProceedingAdministrative Law
References
30
Case No. MISSING
Regular Panel Decision
Oct 22, 1986

Leonard Engineering, Inc. v. Zephyr Petroleum Corp.

In an action to foreclose a mechanic's lien, plaintiff Leonard Engineering, Inc. appealed an order that granted defendant New York Paving, Inc.'s motion to discharge the lien and dismiss the complaint, and denied Leonard's cross-motion to amend the lien. Leonard had provided engineering services to defendant Zephyr Petroleum Corporation, which then conveyed the property to New York Paving, Inc. with a trust fund provision in the deed, before Leonard filed its lien. The lien was subsequently filed with an incorrect lot number. The appellate court affirmed the lower court's decision, holding that the lien was ineffective against New York Paving due to the Lien Law § 13 (5) trust fund provision in the deed, which protected the purchaser. Consequently, Leonard's appeal to amend the notice of lien was dismissed as academic.

Mechanic's LienLien LawForeclosureTrust Fund ProvisionReal PropertyDeed CovenantNotice of LienLien AmendmentMisdescriptionAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Brotherhood of Locomotive Engineers, Division 269 v. Long Island Rail Road

Plaintiffs, members of the Brotherhood of Locomotive Engineers (BLE), sought a preliminary injunction against the Long Island Railroad (LIRR) to prevent the imposition of disciplinary fines following a concerted job action on May 26, 1995. The LIRR assessed fines against engineers who participated in the walk-out, deducting pay. The BLE argued that these fines violate their Collective Bargaining Agreement, the Railway Labor Act (§ 2 Seventh and § 6), and New York Labor Law § 193, classifying the dispute as "major" under the RLA, requiring lengthy mediation. The LIRR contended the fines are disciplinary actions falling under the implied terms of the collective bargaining agreement, making it a "minor" dispute governed by arbitration (§ 2 Sixth and § 3 First® of the RLA). The court, applying the "arguably justified" test from Conrail, found that the LIRR's claim of implied authority to impose fines, based on past flexible disciplinary practices, was neither frivolous nor insubstantial. Therefore, the court concluded the dispute was "minor," falling outside its jurisdictional authority for an injunction, and denied the preliminary injunction, dismissing the case.

Railway Labor ActMinor DisputeMajor DisputePreliminary InjunctionDisciplinary FinesCollective Bargaining AgreementLabor DisputeWork StoppageArbitrationStatus Quo Injunction
References
6
Case No. MISSING
Regular Panel Decision

Davidson Pipe Supply Co. v. Wyoming County Industrial Development Agency

This case addresses whether a construction project involving an industrial development agency (WCIDA) qualifies as a 'public improvement' under State Finance Law § 137, which would mandate the securing of payment bonds. Plaintiff Davidson, a supplier, was not paid for materials provided to a subcontractor on an energy cogeneration plant project developed by Indeck Energy Resources with WCIDA's assistance. Davidson sued WCIDA and Indeck for their alleged failure to require a bond. The Supreme Court initially ruled in favor of Davidson, but the Appellate Division reversed, concluding the project was not a public improvement. The Court of Appeals affirmed the Appellate Division's decision, emphasizing that WCIDA's ownership was primarily for tax benefits, with the private entity, Indeck, bearing the economic risks and benefits. Consequently, the court held that the project was not a public improvement under the statute, and the complaint against the defendants was dismissed.

Industrial Development AgencyPublic ImprovementState Finance LawPayment BondLien LawConstruction ProjectPrivate EntityTax BenefitsCogeneration PlantAppellate Review
References
4
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