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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

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. 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. 2023 NY Slip Op 00044 [212 AD3d 419]
Regular Panel Decision
Jan 05, 2023

Sakthivel v. Industrious Staffing Co., LLC

Plaintiff Suba Sakthivel appealed an order dismissing her complaint against Industrious Staffing Company, LLC. Sakthivel, proceeding pro se, alleged unlawful termination based on complaints about safety violations following a coworker assault, claiming protection under Labor Law §§ 215 and 740. The Supreme Court had granted the defendant's motion to dismiss. The Appellate Division affirmed, ruling that Sakthivel, as a staff accountant, was not covered by Labor Law § 200, which applies to construction workers. Her Labor Law § 740 claim failed because a coworker assault does not meet the criteria for a "substantial and specific danger to public health or safety." Additionally, her claim for intentional infliction of emotional distress was dismissed for not alleging conduct "utterly intolerable in a civilized community."

Employment LawRetaliation ClaimWrongful TerminationSafe WorkplaceIntentional Infliction of Emotional DistressAppellate ReviewCPLR 3211 DismissalLabor Law ViolationsCoworker AssaultStaff Accountant
References
6
Case No. MISSING
Regular Panel Decision

Copper v. Cavalry Staffing, LLC

Derek Copper and Leslie Minto filed a collective action against Cavalry Staffing, Tracy Hester, and Enterprise Holdings, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime, minimum-wage violations, and inaccurate wage statements. Enterprise's motion to dismiss based on not being an employer was denied, with the court finding sufficient pleading for joint employer status. The defendants' joint motion to dismiss was denied for overtime and wage statement claims, but granted for minimum-wage claims. The court also granted the plaintiffs' motion to conditionally certify a collective action, finding adequate factual showing from named plaintiffs and additional affidavits. The parties were directed to agree on notice procedures for opt-in plaintiffs.

Fair Labor Standards ActNew York Labor LawUnpaid OvertimeMinimum WageWage StatementsJoint EmployerCollective ActionConditional CertificationMotion to DismissWage Theft Prevention Act
References
24
Case No. MISSING
Regular Panel Decision
May 15, 2006

Land Master Montg I, LLC v. Town of Montgomery

In this case, petitioners Land Master and Roswind Farmland Corp. challenged the Town of Montgomery's new Comprehensive Plan and Local Laws 4 and 5, arguing they constituted unlawful exclusionary zoning and violated the State Environmental Quality Review Act (SEQRA). The court, presided over by Judge Joseph G. Owen, granted the petitioners' motion regarding these claims, declaring the local laws null and void. The decision highlighted the Town's failure to adequately consider local and regional affordable housing needs and to undertake a thorough environmental review. While some of the petitioners' other claims were dismissed, they were awarded attorneys' fees. The court ordered the reinstatement of petitioners' land use applications under the prior zoning laws.

Zoning LawExclusionary ZoningAffordable HousingState Environmental Quality Review Act (SEQRA)Comprehensive PlanLocal LegislationLand Use PlanningMulti-Family HousingTraffic ImpactJudicial Review
References
19
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
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. ADJ3931818
Regular
Jun 22, 2009

ROCCO PASCALE vs. PIRELLI ARMSTRONG TIRE CORPORATION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied S & B Surgery Center's (SB) petition for reconsideration of a decision disallowing its entire $51,773.15 lien. The Board affirmed the administrative law judge's finding that SB failed to meet its burden of proof under *Tapia v. Skill Master Staffing*. Specifically, SB did not provide sufficient evidence to establish the reasonableness of its charges beyond its own billing, despite the established legal precedent that lien claimants bear this affirmative burden. The Board also noted SB's pattern of misstating the law, suggesting potential grounds for sanctions.

Tapia v. Skill Master StaffingLien claimantBurden of proofReconsiderationWCJAppeals BoardReasonableness of billingOutpatient surgery centerFacility feeLabor Code Section 4603.2
References
4
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
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