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Case Law Database

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

Case No. 18087/81
Regular Panel Decision

Orbach v. New York State Urban Development Corp.

Petitioners, including Mets Parking Incorporated and individual property owners doing business as Three-0 Realty Company, initiated a CPLR 7803 proceeding against the New York State Urban Development Corporation (UDC). They sought to compel UDC to comply with the Urban Development Corporation Act (UDCA) regarding a multi-million dollar 42nd Street Development Land Use Project in Manhattan. Petitioners alleged that a public hearing held by UDC on August 3, 1981, was insufficient because no UDC directors or authorized agents were present to listen or respond to public comments, thereby denying their procedural rights. The court found that UDC improperly delegated its power by appointing a hearing officer whose functions were limited to recording and transmitting comments without authority to hear and respond on behalf of UDC, thus denying petitioners a full and fair public hearing. Consequently, the court granted petitioners' motion to the extent of directing UDC to promptly hold another public hearing in full compliance with section 16 of the UDCA.

Public hearingUrban Development Corporation ActCPLR Article 78Administrative procedureDelegation of authorityDue processCommunity engagementReal estate developmentNew York StateJudicial review
References
5
Case No. 571045/15
Regular Panel Decision
Apr 18, 2016

Urban Well Acupuncture, P.C. v. Hereford Ins. Co.

Plaintiff Urban Well Acupuncture, P.C. appealed an order from the Civil Court of the City of New York which granted summary judgment to defendant Hereford Ins. Co. The defendant had successfully argued that it timely denied no-fault claims because the fees charged for acupuncture services exceeded the worker's compensation fee schedule. Furthermore, any remaining claims had been paid by the defendant through a settlement agreement. The plaintiff failed to present a triable issue regarding the efficacy of the defendant's mailing of denials or the calculation of the fees. Consequently, the Appellate Term, First Department, affirmed the lower court's decision, dismissing the plaintiff's complaint.

No-fault insuranceAcupuncture billingFee schedule disputeSummary judgment appealAppellate Term decisionTimely claims denialWorker's compensation fee scheduleSettlement agreementProof of mailingFirst Department
References
4
Case No. MISSING
Regular Panel Decision

East Thirteenth Street Community Ass'n v. New York State Urban Development Corp.

Petitioners, comprising local condominium boards, tenants, and residents, challenged the New York State Urban Development Corporation's (UDC) determination to acquire a lot for a homeless housing facility. They argued that UDC exceeded its statutory jurisdiction, its findings were defective, the project's funding was illegal, and its use of override powers was improper. The court affirmed UDC's determination, concluding that its actions were within its statutory authority, its findings were well-supported by the record, and the funding and override powers were appropriately exercised. Additionally, the court reviewed and upheld the Housing Finance Agency's (HFA) negative environmental declaration under the State Environmental Quality Review Act (SEQRA). The court also dismissed claims of unconstitutional delegation of legislative authority, referencing established precedents.

CondemnationEminent DomainUrban DevelopmentHomeless HousingSEQRAEnvironmental ReviewStatutory JurisdictionOverride PowersPublic PurposeBlighted Areas
References
12
Case No. 2025 NY Slip Op 02184 [237 AD3d 891]
Regular Panel Decision
Apr 16, 2025

Cianciulli v. Urban Found./Engg., LLC

This case involves an appeal concerning personal injuries sustained by Joseph Cianciulli, a project executive, at a construction site in Brooklyn. Cianciulli was allegedly struck by an excavator bucket while inspecting a disputed work area. The original Supreme Court order granted summary judgment dismissing various Labor Law and common-law negligence claims against several defendants and third-party contractual indemnification claims. The Appellate Division, Second Department, modified the order, denying summary judgment to the defendants on the Labor Law §§ 200 and 241(6) causes of action against the Urban defendants, the Labor Law § 200 and common-law negligence causes of action against Bond GC, and the third-party contractual indemnification claims. The court found that triable issues of fact remained regarding the defendants' authority to supervise or control the injury-producing work and their potential negligence.

Labor Law § 200Labor Law § 241(6)Common-Law NegligenceContractual IndemnificationSummary JudgmentConstruction AccidentExcavation WorkSubcontractor LiabilityGeneral Contractor ResponsibilitySafe Place to Work
References
25
Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. 570383/18
Regular Panel Decision
Dec 12, 2018

Urban Well Acupuncture, P.C. v. Global Liberty Ins. Co. of N.Y.

The case involves an appeal by Global Liberty Insurance Company of New York from an order of the Civil Court denying its motion for summary judgment against Urban Well Acupuncture, P.C. a/a/o Manuel Guaman. The Appellate Term, First Department, reversed the lower court's decision, granting the defendant's motion and dismissing the complaint. The plaintiff failed to counter the insurer's prima facie showing of lack of medical necessity and that the amounts claimed exceeded the workers' compensation fee schedule. However, the dismissal did not apply to claims seeking $439.25, as the defendant had agreed to this amount after correcting alleged coding errors in the plaintiff's bills.

Summary JudgmentAppellate ReviewMedical NecessityWorkers' Compensation Fee ScheduleInsurance LawChiropractic IMENo-Fault InsuranceProfessional CorporationCivil CourtAppellate Term
References
1
Case No. MISSING
Regular Panel Decision

Council of School Supervisors & Administrators, Local 1 v. New York City Department of Education

The Council of School Supervisors and Administrators (CSA) challenged the City's plan to reduce parking permits for school employees, arguing it violated their collective bargaining agreement. An arbitrator initially sided with CSA, directing the reinstatement of permits. However, the Supreme Court's decision to confirm this award was deemed erroneous by the appellate court. The appellate court found the arbitration award violated public policy, was irrational, and exceeded the arbitrator's authority because the power to issue on-street parking permits lies exclusively with the City's Department of Transportation (DOT), not the Department of Education (DOE). The court emphasized that the award essentially transferred DOT's regulatory authority to DOE and undermined the city's objectives to reduce congestion and pollution. Consequently, the arbitration award was vacated.

Labor disputeParking permitsCollective bargaining agreementArbitration awardPublic policy violationAdministrative lawMunicipal authorityTraffic regulationDepartment of TransportationDepartment of Education
References
4
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

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. 2023 NY Slip Op 03329
Regular Panel Decision
Jun 21, 2023

Castro v. Wythe Gardens, LLC

The plaintiff, a construction worker, sustained injuries after tripping in a gap between a staircase step and landing. He initiated an action against Express Builders, the general contractor, alleging violations of Labor Law sections 240(1) and 241(6). Express Builders then filed third-party claims seeking contractual indemnification. The Supreme Court initially granted the plaintiff's motion for summary judgment on liability and dismissed a third-party indemnification claim. The Appellate Division modified this ruling, determining that Labor Law section 240(1) and 12 NYCRR 23-1.7(b)(1)(i) were not applicable to the plaintiff's injuries as they did not involve elevation-related risks or a hazardous opening for a complete fall. However, the court affirmed the summary judgment for the plaintiff under Labor Law section 241(6), based on 12 NYCRR 23-1.7(e)(1) pertaining to tripping hazards. The Appellate Division also reinstated the contractual indemnification claim against Bayport Construction Corp., citing triable issues of fact, and upheld the denial of Express Builders' indemnification claims against Urban Precast and Urban Erectors due to unresolved questions regarding Express Builders' own negligence.

Construction AccidentLabor LawIndustrial Code ViolationSummary Judgment MotionContractual IndemnificationTripping HazardElevation-Related RiskAppellate DivisionPersonal InjurySubcontractor Agreement
References
17
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