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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

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. 2016 NY Slip Op 04119 [141 AD3d 43]
Regular Panel Decision
May 26, 2016

Costa v. State of New York

Claimant Modesto Costa, a construction worker, sustained injuries at Pier 40 due to a collapsing metal beam. Pier 40 is owned by the State of New York but managed by the Hudson River Park Trust. After an initial claim against New York City was dismissed, Costa sought to file a late notice of claim against the State of New York. The Court of Claims denied this motion, asserting the State was not a proper party due to the legislative transfer of legal obligations to the Trust under the Hudson River Park Act. The Appellate Division, First Department, affirmed this decision, holding that despite retaining record title, the State was not an "owner" for Labor Law §§ 240(1) and 241(6) liability purposes. The court reasoned that the Hudson River Park Act, particularly the clause stating the Trust "shall succeed to all...other legal obligations," demonstrated legislative intent to exempt the State from such liability. This intent was further supported by a 2013 amendment requiring the State to indemnify the Trust, indicating that the original Act intended the Trust to bear sole legal responsibility for injuries in the Park. Therefore, the State was not a proper party to the action.

Labor Law liabilityOwner liabilityAbsolute liabilityPublic benefit corporationHudson River Park ActStatutory interpretationLate notice of claimProperty ownershipLessees liabilityGovernmental immunity
References
8
Case No. 2017 NY Slip Op 08595 [156 AD3d 1043]
Regular Panel Decision
Dec 07, 2017

New York State Workers' Compensation Board v. Any-Time Home Care Inc.

The New York State Workers' Compensation Board, acting as administrator for a dissolved self-insured trust, initiated an action to recover a $133 million cumulative deficit from former trust members. Various defendants sought to dismiss the complaint, asserting claims were time-barred by a three-year statute of limitations for statutory liabilities, failed to adequately state claims against individual partners, and were barred by the doctrine of laches. The Supreme Court denied these motions. On appeal, the Appellate Division, Third Department, affirmed the Supreme Court's order, ruling that the claims were contractual, subject to a six-year limitation period, and that laches did not apply against the state enforcing a public right. The court also found the complaint sufficiently specific regarding the liability of individual defendants.

Workers' Compensation LawSelf-Insurance TrustJoint and Several LiabilityStatute of LimitationsContractual LiabilityLaches DoctrineAppellate ReviewGroup Self-InsurerDeficit RecoveryPartnership Liability
References
16
Case No. MISSING
Regular Panel Decision

North Shore University Hospital v. State Human Rights Appeal Board

This proceeding involved a review of an order from the State Human Rights Appeal Board, which affirmed a finding by the State Division of Human Rights that the petitioners had discriminated against complainant Essie Morris. The discrimination stemmed from the petitioners' failure to accommodate Morris's observance of the Sabbath and her subsequent employment termination, violating Executive Law § 296(10). The court found substantial evidence supporting the Division's finding that petitioners improperly placed the burden on Morris to find assignment swaps. It emphasized an employer's affirmative duty to reasonably accommodate religious beliefs. The petitioners also failed to demonstrate exemption from Executive Law § 296(10) under paragraphs (b) and (c). Consequently, the order was confirmed, and the petitioners' appeal was dismissed.

Religious DiscriminationSabbath ObservanceEmployment TerminationReasonable AccommodationExecutive Law § 296State Human Rights LawEmployer ResponsibilitySubstantial Evidence ReviewJudicial Review of Administrative OrderPetition Dismissal
References
3
Case No. MISSING
Regular Panel Decision

Rosenbloom v. New York State Tax Commission

The petitioner, a real estate appraiser, challenged an unincorporated business tax assessment imposed by the State Tax Commission for the years 1967-1973. The court referenced a prior ruling (Matter of Rosenbloom v State Tax Comm.) which established that the petitioner's activities did not constitute a profession, thus not exempting him from the tax. Finding no new evidence to warrant a change in position, the court upheld the commission's determination regarding the professional exemption. Furthermore, the petitioner's attempt to deduct the fair value of his wife's uncompensated services was denied, as the expense was neither paid nor incurred during the taxable year, failing to meet the criteria for ordinary and necessary business deductions. Consequently, the determination was confirmed, and the petition was dismissed.

real estate appraiserunincorporated business taxtax assessmentprofessional exemptionbusiness expenseCPLR Article 78State Tax CommissionAlbany Countyprior precedentdeduction denial
References
2
Case No. MISSING
Regular Panel Decision
Sep 26, 1985

Brown v. State

A claimant, formerly a supervisor, initiated legal action against the State of New York and four individual state employees, asserting claims under the State Human Rights Law and for intentional infliction of emotional distress. The claimant alleged persistent verbal and sexual harassment by a co-worker, Albert Morelli, and further contended that supervisors failed to intervene, leading to her alleged retaliatory "constructive termination" in October 1983. The Court of Claims dismissed the actions against the individual employees and the emotional distress claim but permitted the Human Rights Law cause of action, rejecting the State's defenses based on the Statute of Limitations and election of remedies. On cross appeals, the higher court affirmed the dismissal of the emotional distress claim, citing public policy against such suits for official conduct, and upheld the finding that the Human Rights Law claim was not time-barred or precluded by election of remedies.

Sexual harassmentVerbal harassmentRetaliationHuman Rights LawIntentional infliction of emotional distressConstructive terminationStatute of LimitationsElection of remediesRespondeat superiorPublic policy defense
References
9
Case No. MISSING
Regular Panel Decision

Bounds v. State

The case involves an appeal concerning a claimant injured while participating in the Work Experience Program (WEP) at Cayuga Lake State Park, subsequently suing the State of New York under Labor Law § 240 (1). The initial Court of Claims decision granted partial summary judgment to the claimant. However, the appellate court determined that while the claimant was an employee of Seneca County, a triable issue of fact existed regarding whether he was also a 'special employee' of the State of New York. This 'special employee' status is crucial as it could invoke the exclusive remedy provisions of the Workers' Compensation Law, thereby barring his claim. Consequently, the appellate court modified the judgment by denying both the claimant's motion for partial summary judgment and the defendant's cross-motion for summary judgment, affirming the judgment as modified.

Workers' CompensationSpecial EmployeeLabor LawScaffolding AccidentSummary JudgmentAppellate ReviewPublic AssistanceWork Experience ProgramEmployer LiabilityStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Hale v. New York State Department of Mental Health

Curtis Hale, Jr. initiated an action under Title VII, alleging racial discrimination after his termination as a Mental Hygiene Therapy Aide at the Bronx Children’s Psychiatric Center. He claimed the Civil Service Employee Association failed to provide adequate representation and the New York State Department of Mental Health breached contractual obligations. The court, treating the State's motion to dismiss as one for summary judgment, found Hale's Title VII claims time-barred. His EEOC complaint was filed beyond the 180 or 300-day statutory limitations period, which commenced from the notice of termination (December 8, 1978), not the actual discharge date. Additionally, the court determined it lacked subject-matter jurisdiction over Hale’s state law breach of contract claim against the State, citing an absence of diversity and no federal question under the Labor Management Relations Act. Consequently, the court granted the State’s motion, dismissing the complaint against the New York State Department of Mental Health.

Racial DiscriminationTitle VIIEmployment TerminationStatute of LimitationsSummary JudgmentBreach of ContractSubject Matter JurisdictionPendent JurisdictionEleventh AmendmentCivil Service
References
10
Case No. 2018 NY Slip Op 01453 [159 AD3d 674]
Regular Panel Decision
Mar 07, 2018

Grasso v. New York State Thruway Auth.

This case involves four consolidated personal injury claims filed by Jerry A. Grasso, Jr., John Sullivan, Jr., Cathy Marl, and Louis Centolanza against the New York State Thruway Authority (NYSTA). The claimants alleged violations of Labor Law §§ 200 and 241 (6), and common-law negligence, stemming from injuries sustained during a highway construction project. The Court of Claims initially granted NYSTA's motion for summary judgment, dismissing all claims based on collateral estoppel. The Appellate Division, Second Department, affirmed the dismissal of claims under Labor Law § 241 (6) and for punitive damages, finding collateral estoppel applicable and punitive damages barred by sovereign immunity. However, the Appellate Division modified the order by denying the dismissal of claims alleging Labor Law § 200 and common-law negligence, concluding that collateral estoppel did not apply to NYSTA as a property owner and that NYSTA acted in a proprietary capacity, thus subject to tort liability.

Labor Law § 200Labor Law § 241 (6)Common-law NegligenceCollateral EstoppelSummary JudgmentSovereign ImmunityGovernmental Function ImmunityProprietary FunctionPersonal InjuryConstruction Site Accident
References
33
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
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