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Case Law Database

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

Case No. action No. 2
Regular Panel Decision

U.W. Marx, Inc. v. Koko Contracting, Inc.

Koko Contracting, Inc., a subcontractor, ceased work on a school construction project after U.W. Marx, Inc., the general contractor, failed to make three successive progress payments. Marx declared Koko in default and terminated the contract. In action No. 2, the Supreme Court found in favor of Koko, ruling that Marx's failure to pay was a material breach of contract. Marx and its surety, Continental Casualty Company, appealed, arguing Koko's recovery was precluded by its failure to provide seven days' written notice before suspending work as required by the subcontract. The appellate court affirmed the lower court's decision, holding that Marx's prior material breach relieved Koko from its obligation to strictly comply with the notice provision, as the clause was primarily for the subcontractor's benefit regarding remobilization costs.

Construction ContractMaterial BreachNonpaymentSubcontractorGeneral ContractorAppealNotice to CureSuspension of WorkContract PerformanceContractual Obligations
References
9
Case No. 2017 NY Slip Op 00959 [147 AD3d 815]
Regular Panel Decision
Feb 08, 2017

Gonsalves v. 35 W. 54 Realty Corp.

The plaintiffs, Andrew Gonsalves and Shahazad M. Rasheed, sustained personal injuries at a construction site managed by Geiger Construction Company, Inc. and owned by 35 W. 54 Realty Corp. when a parapet wall collapsed during the lowering of a power washer. They sued 35 W. 54 Realty Corp. and Perimeter Bridge & Scaffold Co. for Labor Law violations. 35 W. 54 Realty Corp. then initiated third-party actions against Geiger Construction for contribution and common-law indemnification. After a jury found Geiger Construction negligent, the Supreme Court denied Geiger Construction's motions for judgment as a matter of law. The Appellate Division, Second Department, reversed these judgments, concluding that there was no rational basis for the jury to find Geiger Construction negligent, as 35 W. 54 Realty Corp. failed to establish a prima facie case of negligence against them. Consequently, the third-party causes of action against Geiger Construction were dismissed.

Personal InjuryConstruction AccidentLabor LawNegligenceContributionIndemnificationThird-Party ActionAppellate ReviewJudgment as a Matter of LawJury Verdict
References
7
Case No. 2020 NY Slip Op 00600
Regular Panel Decision
Jan 29, 2020

Matter of Sean CJ Ivan W. (Danica W.)

This case concerns an appeal by the mother, Danica W., from an order terminating her parental rights to her child, Noel Sean CJ Ivan W. The Family Court, Queens County, found that the mother permanently neglected the child and transferred guardianship and custody to Little Flower Children and Family Services of New York and the Commissioner of Social Services of the City of New York for adoption. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the petitioner demonstrated diligent efforts to strengthen the parent-child relationship. However, the mother failed to adequately plan for the child's future despite these efforts. The appellate court also agreed that terminating parental rights and freeing the child for adoption was in the child's best interests, rejecting a suspended judgment.

Parental RightsPermanent NeglectChild WelfareAdoptionFamily LawAppellate DivisionGuardianshipDiligent EffortsBest Interests of ChildSocial Services Law
References
9
Case No. MISSING
Regular Panel Decision

In re Ashley W.

The children Ashley W and Wrenggor W, natives of Haiti, appealed a Family Court, Nassau County order denying their guardianship petition by their paternal aunt, Verdele F, and their motion for special immigrant juvenile status. The Family Court's denial without a hearing was based on the uncle's past conviction. The appellate court dismissed Verdele F.'s appeal but reversed the order concerning Ashley W and Wrenggor W. The case was remitted for a hearing and new determination, as the uncle's criminal record was deemed not an automatic bar.

GuardianshipSpecial Immigrant Juvenile StatusFamily Court ActChild WelfareParental AbuseChild NeglectAbandonmentBest Interests of the ChildCriminal RecordAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

In re the Appointment of a Guardian of the Personal Needs & Financial Affairs of G.W.

Alan G.W. suffered a traumatic brain injury in 1992, leading to Marlene W. being appointed as his guardian in 1995. Due to her diminished capacity, Marlene W., through her daughter Carol A.R. acting under a power of attorney, petitioned for her own discharge as guardian and for Carol A.R.'s appointment as successor guardian. The court examined whether Carol A.R. could use the power of attorney for this purpose and affirmed its validity under General Obligations Law § 5-1502G (2). Noting Marlene's inability to continue and Carol's willingness and ability, the court granted the petition. Marlene W. was discharged as guardian, and Carol A.R. was appointed as the successor guardian for Alan G.W.

GuardianshipMental Hygiene LawPower of AttorneyFiduciary DutySuccessor GuardianDischarge of GuardianCourt EvaluatorEstate TransactionsIncompetent PersonCapacity
References
7
Case No. 2017 NY Slip Op 02801
Regular Panel Decision
Apr 12, 2017

Matter of Zachariah W. v. Dominique W.

The Administration for Children's Services (ACS) filed a child neglect petition against Dominique W. four days after she gave birth to Zachariah W. The petition alleged neglect after hospital personnel discovered the mother's limited income and housing situation, leading to the child's emergency removal without providing the mother with housing information or supplies. The Family Court, Kings County, found the mother neglected the child. On appeal, the Appellate Division, Second Department, reversed the Family Court's order, denying the petition and dismissing the proceeding. The appellate court concluded that ACS failed to prove by a preponderance of the evidence that the mother did not provide adequate care, food, clothing, and shelter, or that there was imminent danger of impairment to the child, which is a prerequisite for a neglect finding.

Child NeglectFamily Court ActAppellate DivisionBurden of ProofPreponderance of EvidenceImminent DangerParental CareChild WelfareEmergency RemovalHousing Assistance
References
7
Case No. 2025 NY Slip Op 02831 [238 AD3d 1302]
Regular Panel Decision
May 08, 2025

Matter of Coyle v. W & W Steel Erectors LLC

This case involves an appeal by W & W Steel Erectors LLC and its workers' compensation carrier from a Workers' Compensation Board decision. The Board denied the carrier's request to reopen the claim concerning posthumous wage-loss benefits for the minor son of the decedent, Michael Coyle. Initially, a Workers' Compensation Law Judge awarded benefits to the son, relying on Matter of Green, and the carrier failed to seek administrative review. After the Court of Appeals reversed Green, the carrier sought to reopen the claim, but the Board denied this request due to the lack of a timely administrative appeal. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying the reopening of the claim in the interest of justice.

Workers' CompensationWage-loss benefitsPermanent partial disabilityPosthumous benefitsReopening claimAdministrative reviewAbuse of discretionFinality of decisionAppellate DivisionCourt of Appeals reversal
References
13
Case No. 2022 NY Slip Op 03119, 2021-00331, 2021-00339, B-10860-18, B-10861-18
Regular Panel Decision
May 11, 2022

Matter of Grace E. W.-F. (Zanovia W.)

In related proceedings, the mother appealed from two orders of fact-finding and disposition from the Family Court, Kings County, which had found she abandoned her children, terminated her parental rights, and transferred guardianship for adoption. The Appellate Division, Second Judicial Department, reversed these orders, holding that the petitioner, New York Foundling Hospital, failed to establish abandonment by clear and convincing evidence. The court highlighted the mother's consistent efforts, including visits, participation in family gatherings, purchases for the children, and communications with the caseworker, as evidence demonstrating an intent not to abandon her children. Consequently, the appellate court denied the petitions to terminate parental rights against the mother.

Parental RightsChild WelfareAbandonmentFamily CourtAppellate DivisionFoster CareSocial Services LawParental IntentGuardianshipAdoption
References
4
Case No. MISSING
Regular Panel Decision
Jul 27, 1992

In re Latisha W.

This case involves an appeal by a mother and father from a Family Court order that found they had abused their children, Latisha W. and Samura W., in a child protective proceeding. The appellate court affirmed the order, concluding that the Commissioner of Social Services had established child abuse by a preponderance of the evidence. The decision relied on the detailed, cross-corroborated out-of-court statements made by both children regarding the abuse. Further corroboration came from a social worker's testimony, which noted the children's consistent statements, bed-wetting, and inappropriate sexual behavior. Additionally, a prima facie case of abuse was established against the mother for failing to protect the children and warning them not to disclose the abuse, which she failed to rebut.

Child abuseParental neglectCorroborated statementsFamily Court Act Article 10Appellate reviewChild witnessesPreponderance of evidenceKings County Family CourtOut-of-court statementsSocial worker testimony
References
3
Case No. 2023 NY Slip Op 01631 [214 AD3d 1463]
Regular Panel Decision
Mar 24, 2023

Matter of Mollie W. (Corinne W.)

This case concerns an appeal filed by Corinne W., the respondent mother, against an order from the Family Court, Erie County. The original order determined that the mother had neglected her three children under Family Court Act article 10. The Appellate Division, Fourth Department, reviewed the findings and affirmed the Family Court's determination of neglect, finding a sound and substantial basis in the record. Evidence presented indicated the children were living in deplorable conditions with severe hygiene issues over several years, which the mother failed to rectify despite interventions. Additionally, the mother had left the children in the unsanitary home with their father. The mother's challenge to the dispositional part of the order was dismissed as moot because permanent custody orders for the children had already been entered.

NeglectChild WelfareFamily Court Act Article 10Parental NeglectDeplorable ConditionsChild HygieneMootnessCustody OrdersAppellate ReviewFact-Finding
References
8
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