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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

Matter of Corwin v. City of New York

Ronald Corwin was injured in a Citi Bike accident due to an unpainted concrete wheel stop. He initially filed a notice of claim alleging the City's negligence in installing and maintaining the wheel stop. Later, he sought to amend his claim to include a 'design claim' (negligent infrastructure design) and a 'helmet claim' (negligent failure to provide helmets system-wide). The motion court denied the amendment. On appeal, the majority of the court denied the motion to amend but granted leave to file a late notice for both the design and helmet claims. Judge Andrias dissents in part, agreeing with the denial of the amendment and the granting of the design claim, but arguing that the helmet claim should not be granted due to lack of reasonable excuse for delay and the City's lack of actual prior notice.

Notice of ClaimGeneral Municipal LawLate Notice of ClaimAmendment of ClaimNegligenceDesign ClaimHelmet ClaimPersonal InjuryBicycle AccidentActual Notice
References
23
Case No. MISSING
Regular Panel Decision

In re John Lack Associates, LLC

John Lack Associates, LLC, an agency placing waiters and bartenders, was audited by the Department of Labor, which determined these workers were employees, making John Lack liable for unemployment insurance contributions. This determination was upheld by an Administrative Law Judge and the Unemployment Insurance Appeals Board. On appeal, the court reversed the Board's decision, finding insufficient evidence of John Lack's control over the workers. The court noted that workers could refuse jobs, often worked for other agencies, provided their own equipment, and were supervised and directed by the client at events, who also paid their remuneration through John Lack. The case was remitted to the Board for further proceedings.

Employer-employee relationshipIndependent contractorUnemployment insurance contributionsAgency controlRight to controlRemittedAppellate reviewSubstantial evidenceUnemployment Insurance Appeal BoardLabor Law
References
5
Case No. MISSING
Regular Panel Decision

Lockwood v. City of Yonkers

The petitioner, a firefighter named Garret Lockwood, was injured during a training exercise for the City of Yonkers Fire Department in 2014, falling from a second-story window after a harness failed. His initial motion to file a late notice of claim was denied in 2014, as the court ruled his General Municipal Law § 207-a disability benefits were his exclusive remedy. Lockwood moved to renew his motion based on a 2016 Court of Appeals decision, Matter of Diegelman v City of Buffalo, which changed the law regarding exclusive remedies. The court granted the renewal, finding it timely and the change in law applicable to the petitioner's situation. Subsequently, the court also granted the motion for leave to file a late notice of claim, citing the respondent's actual knowledge of the incident and lack of prejudice due to the delay, despite the petitioner's lack of a reasonable excuse.

Personal InjuryFirefighter InjuryLate Notice of ClaimGeneral Municipal LawWorkers' Compensation BenefitsExclusive Remedy DoctrineMotion to RenewChange in LawDisability BenefitsNegligence
References
23
Case No. MISSING
Regular Panel Decision
Nov 25, 1985

Albanese v. Village of Floral Park

The petitioners, Vito Albanese, Jr. (an infant claimant) and his father Vito Albanese, Sr., appealed from two orders of the Supreme Court, Nassau County, concerning their application to serve a late notice of claim against the Village of Floral Park and its Fire and Police Department. The infant suffered severe brain damage after a suicide attempt, and petitioners alleged negligence in rescue efforts. The Supreme Court denied their initial application and a subsequent motion for renewal and reargument, citing the lack of excuse for the delay and prejudice to the respondents. The appellate court affirmed the denial of leave to serve a late notice of claim, finding that while renewal and reargument should have been granted, the original determination to deny the application was correctly adhered to due to the unjustified delay and lack of a demonstrated nexus between the alleged negligence and the injury.

Late Notice of ClaimGeneral Municipal Law § 50-eInfancy DisabilityDiscretionary DenialGovernmental ImmunityNegligence AllegationsBrain DamageRescue EffortsPrejudice to DefendantTimeliness Requirement
References
11
Case No. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
9
Case No. MISSING
Regular Panel Decision

Acevedo v. City of New York

Petitioners, 110 New York City firefighters involved in World Trade Center rescue efforts after 9/11, sought permission to file late notices of claim under General Municipal Law § 50-e due to toxin exposure and subsequent respiratory illnesses. The City of New York objected, citing improper joinder of claims and lack of reasonable excuse or actual notice. The court found that common questions of law and fact allowed for joinder of the claims. Furthermore, the court determined that the City had actual knowledge of the essential facts surrounding the claims due to public awareness, extensive investigations, and internal Fire Department medical examinations, thus suffering no prejudice from the delayed filing. Consequently, the petition was granted, allowing the firefighters to serve and file their late notices of claim.

World Trade Center9/11FirefightersLate Notice of ClaimGeneral Municipal LawRespiratory IllnessToxic ExposureJoinder of ClaimsActual NoticePrejudice
References
20
Case No. MISSING
Regular Panel Decision
Sep 27, 1990

Bruce Coopersmith v. County of Greene

Petitioner appealed the Supreme Court's denial of their application to serve a late notice of claim against the respondent, nearly a year after an accident. The appellate court noted that the respondent did not have actual notice of the claim until the motion was made. The petitioner's stated reasons for the delay, which included a belief that workers' compensation was the exclusive remedy and a lack of knowledge regarding the respondent's ownership of the premises, were deemed insufficient to excuse the delay. The Supreme Court's denial of the motion was affirmed, with the appellate court finding no abuse of discretion.

Late Notice of ClaimGeneral Municipal LawWorkers' CompensationAbuse of DiscretionAppellate ReviewMunicipal LiabilityTimelinessActual Notice
References
4
Case No. MISSING
Regular Panel Decision

Garguiolo v. New York State Thruway Authority

The Court of Claims initially granted the claimants' application for permission to file a late notice of claim without providing reasons. This decision was subsequently reversed by the appellate court. The reversal was predicated on the statutory factors outlined in Court of Claims Act § 10 (6), which include a six-month unexplained delay in filing and a lack of evidence that the State or Thruway Authority had prior notice of the claim's essential facts or an opportunity to investigate. The appellate court further noted that the State would suffer prejudice due to the changing nature of the construction site where the injury occurred. Additionally, the claimant's allegations regarding a violation of the New York State Labor Law were deemed bare, and a partial alternate remedy was available through workers’ compensation.

Late Notice of ClaimCourt of Claims Act Section 10(6)Appellate ReversalMotion DeniedPrejudiceConstruction AccidentWorkers' Compensation RemedyNew York State Labor LawFailure to State ReasonsTimeliness of Claim
References
1
Case No. MISSING
Regular Panel Decision

Peterson v. New York City Housing Authority

The petitioner, a diabetic, sought leave to serve a late notice of claim after sustaining an injury from a metal wire allegedly left by the respondent's workers. The incident occurred in February 1990, following repairs in late 1989. The petitioner sought medical attention and was hospitalized. The Supreme Court, Kings County, denied the application to serve a late notice of claim. The appellate court affirmed this denial, citing substantial prejudice to the respondent due to lack of timely knowledge regarding the alleged negligence and injury.

Late Notice of ClaimGeneral Municipal LawPrejudiceTimely NoticeAppellate ReviewPersonal InjuryMedical TreatmentDenied ApplicationKings CountySubstantial Prejudice
References
4
Case No. MISSING
Regular Panel Decision
Aug 03, 2006

Felder v. City of New York

Barry Felder, a New York City police officer, sought to file a late notice of claim against the City for respiratory and other long-term health issues stemming from toxic exposure at the World Trade Center site in 2001, which became apparent in 2004. The Supreme Court, New York County, initially granted his petition to file a late notice of claim. However, the appellate court unanimously reversed this judgment, ruling that the IAS court lacked subject matter jurisdiction because federal law, specifically the September 11th Victim Compensation Fund (ATSSSA), preempts state-law claims for damages related to the 9/11 terrorist attacks. The appellate court vacated the prior disposition, stayed the state proceedings, and removed petitioners’ claims to the United States District Court, Southern District of New York, asserting its exclusive jurisdiction over such matters.

World Trade Center9/11 Victim Compensation FundFederal PreemptionSubject Matter JurisdictionLate Notice of ClaimStatute of LimitationsRespiratory InjuriesToxic ExposureRemoval to Federal CourtGround Zero
References
2
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