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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

People v. Cuadrado

The Supreme Court granted the defendant's motion under CPL 440.10, vacating an earlier conviction for first-degree assault, due to a perceived jurisdictionally defective waiver of indictment. The Appellate Division reversed this order, denying the defendant's motion and reinstating the original conviction and sentence. The majority held that CPL 440.10(2)(c) bars the defendant from raising an issue in a collateral attack that could have been reviewed on direct appeal, even if it concerns a jurisdictional defect. The court rejected the argument that applying this statutory bar in such a case would be unconstitutional. The dissenting opinion argued that the conviction was void ab initio because the waiver of indictment violated CPL 195.10(2)(b), asserting that such a fundamental jurisdictional defect cannot be procedurally waived.

Criminal ProcedureCPL 440.10Waiver of IndictmentJurisdictional DefectCollateral AttackAppellate ProcedureDue ProcessSuperior Court InformationConstitutional RightsJudgment Vacatur
References
34
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Greenblatt v. New York State Labor Relations Board

This declaratory judgment action addresses whether the New York State Labor Relations Board (SLRB) has jurisdiction over a skilled nursing and health-related facility operated by the New York State Commissioner of Health as a receiver. The plaintiff, Robert M. Greenblatt, as the Commissioner's designee, contended that the receivership performed governmental functions, exempting it from SLRB jurisdiction under Labor Law § 715(2). The court examined prior cases involving state agency heads acting as receivers and found the plaintiff's arguments for differentiation unpersuasive. The court ruled that the employees of these facilities are not state employees and that denying SLRB jurisdiction would leave them unable to select union representation, especially given the receivership's prolonged duration. Consequently, the court declared that the SLRB does have jurisdiction over the employees for representational hearings and unfair labor practice matters.

JurisdictionState Labor Relations BoardReceiverPublic Health LawLabor LawSkilled Nursing FacilityHealth-Related FacilityCollective BargainingDeclaratory JudgmentStatutory Interpretation
References
11
Case No. 10 Civ. 3036
Regular Panel Decision
Feb 17, 2011

Industrial Risk Insurers v. 7 World Trade Co.

Industrial Risk Insurers (IRI) petitioned for a stay of arbitration proceedings initiated by 7 World Trade Company, L.P. (7WTCo.) concerning a dispute over a 2005 settlement agreement. This agreement resolved an insurance coverage dispute following the collapse of 7 World Trade Center on September 11, 2001. 7WTCo. alleged breach of contract by IRI regarding a subsequent $1.2 billion property damage settlement. The court, presided over by District Judge Alvin K. Hellerstein, examined subject-matter jurisdiction. It found no diversity jurisdiction due to common citizenship in New York via IRI's member, Swiss Reinsurance America Corporation, and no federal question jurisdiction under the Air Transportation Safety and System Stabilization Act (ATSSSA) because the core dispute was contractual, not directly related to the 9/11 events. Consequently, the action was dismissed for lack of subject-matter jurisdiction.

ArbitrationJurisdictionSubject-Matter JurisdictionDiversity JurisdictionFederal Question JurisdictionATSSSAFAASettlement AgreementContract Dispute9/11 Litigation
References
17
Case No. 01-42217-REG
Regular Panel Decision

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

This document is a report and recommendation from Judge Robert E. Gerber concerning Ames Department Stores, Inc.'s motion to confirm exclusive jurisdiction in an adversary proceeding against Lumbermens Mutual Casualty Company. The proceeding, occurring under Ames' Chapter 11 bankruptcy, addresses the ownership of an $8 million trust account and alleged interference with the debtor's property. Judge Gerber recommends that the court possesses subject matter jurisdiction over all claims, asserting exclusive jurisdiction over specific claims involving automatic stay violations, marshaling, and equitable subordination. Furthermore, he advises that the McCarran-Ferguson Act does not mandate deferral to an Illinois state court for these issues, and the First Assuming Jurisdiction Doctrine is applicable to certain in rem claims.

Bankruptcy LawJurisdictional DisputeExclusive JurisdictionAutomatic Stay ViolationMcCarran-Ferguson ActIn Rem JurisdictionAdversary ProceedingChapter 11 BankruptcySurety BondsCash Collateral
References
65
Case No. MISSING
Regular Panel Decision

In re Whitney Z.

Respondent, a juvenile delinquent, was placed on probation but later admitted to violating its terms, leading to her placement in the custody of the Saint Regis Mohawk Tribe. She appealed the order, and the appellate court first rejected the petitioner's claim of abandonment. On the merits, the court agreed with the respondent that the probation violation petition was jurisdictionally defective. The petition, filed by a probation officer based on hearsay, lacked nonhearsay allegations and supporting affidavits. The court ruled that the absence of nonhearsay affidavits constitutes a nonwaivable jurisdictional defect, even if the respondent admitted to the violation, and therefore reversed the lower court's order and dismissed the petition.

Juvenile DelinquencyProbation ViolationJurisdictional DefectNonhearsay AllegationsAffidavitFamily Court ActAppealCustodyDue ProcessReversed
References
1
Case No. MISSING
Regular Panel Decision

M. Katz & Son Billiard Products, Inc. v. G. Correale & Sons, Inc.

This case concerns a plaintiff's attempt to sue a New Jersey corporation in New York for unpaid billiard equipment, relying on the state's long-arm statute. The defendant challenged the court's jurisdiction while also filing a counterclaim for defective goods. The court determined that the defendant's business contacts within New York were insufficient to establish personal jurisdiction. Furthermore, it ruled that asserting a counterclaim alongside a jurisdictional defense does not automatically waive the right to contest jurisdiction under modern New York procedural law. Consequently, the appellate court's previous judgment in favor of the plaintiff was reversed, and the original complaint was dismissed due to the lack of personal jurisdiction over the defendant.

JurisdictionLong-Arm StatuteCPLRCounterclaimWaiver of DefensePersonal JurisdictionInterstate CommerceSale of GoodsAppellate ReviewDismissal
References
8
Case No. MISSING
Regular Panel Decision
Oct 12, 2005

Bryan v. Doar

The petitioner, receiving public assistance with her children and niece in Nassau County since 1993, learned her benefits would have been higher if her niece's social security income was not included. She sought a retroactive underpayment adjustment, which the Nassau County Department of Social Services (Agency) failed to provide, leading her to request a fair hearing. Commissioner Robert Doar initially ruled he lacked jurisdiction to review benefits prior to October 29, 2001, due to an untimely fair hearing request based on a defective August 29, 2001 notice. The Supreme Court, Nassau County, annulled Doar's jurisdictional finding for the period prior to October 29, 2001, and remitted the matter for recomputation, finding the Agency's notice was defective as it lacked regulatory authority for including the niece's income, thus tolling the 60-day statute of limitations. This order and judgment was subsequently affirmed on appeal.

Public AssistanceSocial ServicesFair HearingJurisdictionStatute of LimitationsNotice DefectBenefit ComputationAdministrative LawAppellate ReviewUnderpayment
References
6
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