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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
Jun 08, 1995

Rigopoulos v. State

Dimitrios Rigopoulos, an independent contractor, sustained injuries while painting a bridge from a floating barge. He and his wife, Victoria Rigopoulos, brought a claim for personal injuries against the State of New York, alleging violations of the Labor Law. The Court of Claims initially awarded damages to the claimants and granted partial summary judgment on liability under Labor Law § 240 (1). On appeal, the judgment was reversed. The appellate court ruled that the accident occurred on navigable waters and constituted traditional maritime activity, thus Federal maritime law applied. Consequently, Labor Law § 240 (1), which imposes strict liability, was preempted. The case was remitted to the Court of Claims for a new determination on liability under Labor Law § 200 (1) and § 241 (6), which do not impose strict liability and are not preempted by Federal maritime law.

Personal InjuryFederal Maritime LawLabor Law PreemptionStrict LiabilityNegligenceAppellate ProcedureSummary JudgmentDamages AwardRemandBridge Maintenance
References
13
Case No. MISSING
Regular Panel Decision

Dawn Joy Fashions, Inc. v. Commissioner of Labor

This case addresses the proof required to establish a violation of Labor Law § 352 (1) concerning unauthorized industrial homework. Dawn Joy Fashions, a garment manufacturer, was accused by the Commissioner of Labor of causing materials to be delivered for such homework, incurring civil penalties. The Industrial Board of Appeals upheld the penalties, applying a rebuttable strict liability standard. However, the Appellate Division overturned this, concluding the statute requires intent or acquiescence from the manufacturer. This Court affirmed the Appellate Division's decision, ruling that the Board's strict liability interpretation was not supported by the statutory language and that substantial evidence was lacking to prove Dawn Joy Fashions intended or knew its materials would be used for industrial homework. The Court also noted that while the suggested 'minimum steps' could be relevant factors, they cannot be imposed as preconditions without proper rule-making.

Industrial HomeworkLabor Law ComplianceRebuttable Strict LiabilityStatutory InterpretationManufacturer LiabilityAppellate ReviewCivil PenaltiesEmployer ResponsibilityGarment IndustryProof of Intent
References
4
Case No. MISSING
Regular Panel Decision

Jaramillo v. Weyerhaeuser Co.

Plaintiff Mario Miguel Jaramillo sustained serious injuries while operating an industrial Flexo Folder Gluer machine. The machine was purchased used by his employer, Universal Glenwood Packaging Products Corporation, from Weyerhaeuser Company. Jaramillo filed a strict products liability claim against Weyerhaeuser, alleging the machine was defective due to the lack of safety devices. The central issue, certified by the Second Circuit Court of Appeals to the New York Court of Appeals, was whether Weyerhaeuser, as a seller of used equipment, qualified as a 'regular seller' subject to strict liability under New York law. Reviewing prior precedents like Sukljian v Ross & Son Co. and Stiles v Batavia Atomic Horseshoes, the court analyzed the policy considerations behind imposing strict liability. The court concluded that Weyerhaeuser's incidental sales of used, third-hand equipment as surplus did not meet the criteria for a 'regular seller' and would not serve the public policy goals of strict products liability, answering the certified question in the negative.

Strict Products LiabilityCasual Seller DoctrineOrdinary Seller DoctrineUsed Goods LiabilityCertified QuestionNew York LawIndustrial Machinery AccidentWorkplace InjuryCorporate Surplus SalesProduct Defect
References
10
Case No. CV-22-2011
Regular Panel Decision
Feb 15, 2024

In the Matter of the Claim of Sukhwinder Singh

Claimant Sukhwinder Singh was injured while working for Atlas NY Construction Corporation. National Liability & Fire Insurance Company (NLF) denied liability, asserting it had canceled its workers' compensation policy for nonpayment of premiums prior to the accident. A Workers' Compensation Law Judge (WCLJ) initially found NLF's cancellation effective, placing liability on the general contractor. However, the Workers' Compensation Board modified this, ruling NLF failed to prove proper cancellation and was the liable carrier. NLF appealed this decision. The Appellate Division affirmed the Board's decision, emphasizing the requirement for strict compliance with Workers' Compensation Law § 54 (5) regarding policy cancellation notice and deferring to the Board's credibility determinations.

Policy CancellationInsurance LiabilityNonpayment of PremiumsStrict ComplianceNotice RequirementsCertified MailReturn Receipt RequestedBurden of ProofCredibility DeterminationsAppellate Review
References
9
Case No. 2024 NY Slip Op 00832 [224 AD3d 1052]
Regular Panel Decision
Feb 15, 2024

Matter of Singh v. Atlas NY Constr. Corp.

Sukhwinder Singh, a claimant, was injured while working for Atlas NY Construction Corporation, a subcontractor on a construction project. National Liability & Fire Insurance Company (NLF) denied liability for the claim, asserting it had canceled its workers' compensation policy for nonpayment of premiums prior to the accident. Initially, a Workers' Compensation Law Judge ruled in favor of NLF, placing liability on the general contractor. However, the Workers' Compensation Board modified this decision, concluding there was insufficient evidence of proper policy cancellation by NLF. The Appellate Division, Third Department, affirmed the Board's decision, reiterating that carriers must strictly comply with Workers' Compensation Law § 54 (5) for policy cancellation and that the Board's credibility determinations, when supported by substantial evidence, are not to be disturbed. The court found NLF failed to meet its burden of establishing proper cancellation.

Workers' Compensation Policy CancellationInsurance Coverage DisputeNotice RequirementsStrict ComplianceNonpayment of PremiumsWorkers' Compensation Board DecisionAppellate ReviewCredibility DeterminationsSubstantial EvidenceBurden of Proof
References
9
Case No. MISSING
Regular Panel Decision
Feb 27, 1997

Mystic Cab Corp. v. New York City Taxi & Limousine Commission

The petitioners' licenses to own taxicab medallions were revoked by the respondent due to their agents submitting fraudulent Workers' Compensation insurance certificates. The initial IAS Court annulled this determination, erroneously concluding that the respondent agency could not hold petitioners strictly liable for these violations. However, the appellate court clarified that Taxicab Owners Rules, specifically sections 1-50 (b) and 1-58 (a), establish strict liability for owners regarding compliance with all rules, irrespective of leasing arrangements or agent designations. Consequently, the appellate court found that the respondent's determination holding petitioners strictly liable had a rational basis and that the penalties imposed were not disproportionate. The appellate court therefore reversed the IAS Court's decision and dismissed the petition to annul the respondent's determination.

Taxicab MedallionLicense RevocationWorkers' Compensation FraudStrict LiabilityAdministrative LawAppellate ReversalPetition DismissalRegulatory ComplianceAgency DeterminationOwner Responsibility
References
3
Case No. 574 F.3d 24
Regular Panel Decision

Zakrzewska v. NEW SCHOOL

Dominika Zakrzewska filed a diversity suit against KwangWen Pan and The New School, alleging sexual harassment and retaliation under the New York City Human Rights Law (NYCHRL). The United States District Court for the Southern District of New York initially considered the employer's liability, assuming the Faragher-Ellerth defense might apply. The District Court then found the Faragher-Ellerth defense inconsistent with the plain language of NYCHRL 8-107 (13) (b), which appears to impose vicarious liability on employers for discriminatory acts of managers or supervisors regardless of the employer's knowledge or corrective actions. The District Court certified an interlocutory appeal to the Second Circuit regarding the applicability of the Faragher-Ellerth defense under the NYCHRL. The Second Circuit, in turn, certified this question to the New York Court of Appeals. The New York Court of Appeals, affirming the District Court's textual interpretation, concluded that the Faragher-Ellerth defense does not apply to sexual harassment and retaliation claims under NYCHRL 8-107 because the local law imposes strict liability for acts of managers and supervisors and provides for mitigation of penalties rather than a complete defense.

Sexual HarassmentRetaliationEmployer LiabilityVicarious LiabilityFaragher-Ellerth DefenseNew York City Human Rights Law (NYCHRL)New York Administrative CodeStatutory InterpretationSummary JudgmentCertified Question
References
13
Case No. MISSING
Regular Panel Decision
Nov 02, 1994

Kern v. Frye Copysystems, Inc.

The case concerns William and Dorothy Kern's personal injury claims against Frye Copysystems, Inc. and Wheelabrator-Frye Co., stemming from an accident involving a rotary coating machine. The Kerns alleged negligence, breach of warranty, and strict products liability due to a defective design. The defendants sought summary judgment, arguing immunity under Worker's Compensation Law, that the warranty claim was time-barred, and that strict liability was inapplicable. The court granted summary judgment on the breach of warranty and strict products liability claims, but denied it for the negligence claim against Copysystems, citing unresolved factual disputes regarding machine modifications and successor liability under the "Billy" exception to Worker's Compensation exclusivity.

Personal InjuryProducts LiabilityNegligenceBreach of WarrantySummary JudgmentSuccessor LiabilityWorker's Compensation LawDefective DesignMachine AccidentStatute of Limitations
References
32
Case No. 2025 NY Slip Op 02261 [44 NY3d 57]
Regular Panel Decision
Apr 17, 2025

Flanders v. Goodfellow

Rebecca Flanders, a postal carrier, sued Stephen and Michelle Goodfellow after their dog bit her during a package delivery, asserting strict liability and negligence claims. Lower courts dismissed both claims, but the Court of Appeals reversed, reinstating the strict liability cause of action due to a triable issue of fact regarding the owners' constructive knowledge of their dog's aggressive behavior. Significantly, the Court explicitly overruled Bard v Jahnke, establishing that common-law negligence is a valid theory of liability for harm caused by domestic animals in New York. This decision creates a two-pronged approach to such cases, allowing plaintiffs to pursue either strict liability for known vicious propensities or ordinary negligence for a failure to exercise due care under the circumstances. The matter was remanded for further proceedings consistent with this new legal framework.

Animal AttackDog BiteStrict LiabilityNegligence Cause of ActionVicious PropensityOverruling PrecedentStare DecisisSummary JudgmentConstructive KnowledgeDomestic Animals
References
67
Case No. MISSING
Regular Panel Decision

Morelock v. Danbrod Realty Corporation

Plaintiff, injured due to a scaffold collapse during a house renovation project overseen by Joel Levin for Danbrod Realty Corporation, initiated a personal injury lawsuit, alleging negligence and violations of Labor Law sections 200, 240(1), and 241(6) against Danbrod, Levin, and Morton Schermerhorn, Jr. The Supreme Court initially granted Danbrod's cross-motion for summary judgment on the Labor Law § 240(1) claim. However, on appeal, the court determined that Danbrod, a real estate development corporation purchasing the property solely for commercial renovation and resale, did not qualify for the homeowner exemption from strict liability under Labor Law § 240(1). Consequently, the appellate court reversed the lower court's decision regarding Danbrod and awarded summary judgment to the plaintiff on the issue of liability against Danbrod.

Labor Lawscaffold collapsepersonal injurysummary judgmentstrict liabilityowner liabilitycommercial use exemptionreal estate developmentrenovation projectAppellate Division
References
5
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