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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

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. 94 Civ. 4397
Regular Panel Decision
Dec 14, 1998

Hamilton v. Garlock, Inc.

Plaintiff Linda Hamilton, widow of George Hamilton, filed an asbestos claim against several defendants, including Atlas Turner Inc., in the Southern District of New York in 1994. After a jury verdict in favor of the plaintiff, defendant Atlas filed post-trial motions, including a motion to dismiss for lack of personal jurisdiction. The court previously denied the jurisdictional motion with leave to renew. Upon a fuller record, the court now grants Atlas's motion to dismiss for lack of personal jurisdiction, finding that Plaintiff failed to establish that New York law provides a basis for exercising jurisdiction over Atlas under CPLR § 301 ("doing business") or CPLR § 302 (long-arm statute). The court concluded that Hamilton's injury did not occur in New York, but in Virginia, where his asbestos exposure took place, thus failing the long-arm statute's requirements. Consequently, the other post-trial motions from Atlas were not considered.

Personal JurisdictionAsbestos ExposureMotion to DismissDiversity JurisdictionNew York CPLR 301New York CPLR 302Tortious ActDoing BusinessLong-Arm StatuteSitus of Injury
References
38
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. 131 AD3d 553
Regular Panel Decision
Aug 19, 2015

Assevero v. Hamilton & Church Properties, LLC

Hugo Assevero was injured falling from an unsecured ladder while working on a building renovation project owned by Hamilton & Church Properties, LLC. He commenced an action alleging violations of Labor Law sections, and Hamilton initiated a third-party action against Castle Construction Group. The Supreme Court initially granted Hamilton's cross-motion for summary judgment, dismissing the Labor Law claims based on the homeowner's exemption. On appeal, the Appellate Division modified the Supreme Court's order, ruling that the building did not qualify for the homeowner's exemption due to its mixed commercial and multi-residential use. Consequently, Hamilton's cross-motion for summary judgment on Labor Law §§ 240 (1) and 241 (6) was denied. The Appellate Division affirmed the denial of Assevero's motion for summary judgment on Labor Law § 240 (1) and Castle's cross-motion for summary judgment on indemnification claims.

Labor LawHomeowner's ExemptionSummary Judgment MotionLadder FallConstruction AccidentPersonal Injury ClaimCorporate Property OwnershipContractual IndemnificationCommon-Law IndemnificationThird-Party Litigation
References
25
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

Hamilton v. Guinan

Plaintiff, Hamilton, a union member and former vice-president of Local 100, was suspended and dismissed from office following a wildcat strike, and subsequently rendered ineligible to run for future office under the union's constitution. He sued to enjoin the enforcement of the union's decision, claiming a violation of his rights under 29 U.S.C.A. § 411(a)(5), which guarantees procedural safeguards against disciplinary action for union members. The defendants moved to dismiss, arguing that the section applies only to discipline imposed on members as members, not on officers for dereliction of duty. The court agreed with the defendants, citing legislative history and prior case law that distinguish between discipline of a member's status as a member and their status as an officer. Consequently, the court found it lacked jurisdiction over the subject matter and dismissed the complaint.

Union LawLabor RelationsOfficer DisciplineMember RightsJurisdictionLabor-Management Reporting and Disclosure ActWildcat StrikeInternal Union RemediesEligibility for OfficeFederal Courts
References
5
Case No. MISSING
Regular Panel Decision

Hamilton v. Hood

Patrick Hamilton, a pro se petitioner, sought a writ of habeas corpus under 28 U.S.C. § 2254, challenging his 1984 Orange County conviction for criminal sale and possession of a controlled substance. Magistrate Judge Sharon E. Grubin recommended denial of the petition, and District Judge Sprizzo adopted this recommendation, dismissing the petition. Hamilton's claims included defective temporary assignment of the Family Court judge who presided over his trial, an excessive sentence, and ineffective assistance of both trial and appellate counsel. The court found most claims procedurally barred due to Hamilton's failure to raise them in state courts or due to a lack of merit. Specifically, the court addressed and rejected the conflict of interest claims against counsel and affirmed the legality of the informant's evidence and the appropriate use of a de facto judge, stating that Hamilton's rights were not violated. The petition was ultimately dismissed.

Habeas CorpusIneffective Assistance of CounselProcedural DefaultFourth AmendmentElectronic EavesdroppingDe Facto JudgeExcessive SentenceCriminal Sale of Controlled SubstanceCriminal Possession of Controlled SubstanceNew York Penal Law
References
20
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
Nov 21, 2007

Hamilton v. Mount Sinai Hospital

The plaintiffs (Josif Hamilton, Janina Frendak, and Raisa Tkach), former lab technicians at Mount Sinai Hospital, brought an action under the Age Discrimination in Employment Act (ADEA) alleging discriminatory termination. They were fired in 2004 for violating a hospital policy against swiping other employees' time cards or allowing others to swipe theirs. Plaintiffs contended this was a pretext for age discrimination, claiming younger workers replaced them and supervisors made retirement comments. Magistrate Judge Gorenstein recommended granting Mount Sinai's motion for summary judgment, finding no clear error in the employer's non-discriminatory reason for termination. The District Court, finding no clear error, adopted the Report and Recommendation, granting summary judgment to Mount Sinai Hospital and dismissing the complaint. The court concluded that while the policy might be irrational, there was insufficient evidence to prove age discrimination.

Age DiscriminationEmployment TerminationSummary JudgmentTime Card PolicyPretextFederal Rules of Civil ProcedureDiscrimination LawsuitEmployee MisconductDisparate TreatmentMount Sinai Hospital
References
63
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
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