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

Case No. 2025 NY Slip Op 25151
Regular Panel Decision
Jul 01, 2025

Friends of Fort Greene Park v. New York City Parks & Recreation Dept.

This CPLR article 78 proceeding was brought by Friends of Fort Greene Park against the New York City Department of Parks and Recreation, challenging the environmental review process for a renovation project in Fort Greene Park. Petitioner alleged that the Parks Department failed to take a "hard look" at adverse environmental impacts, improperly segmented environmental review, issued a conditional negative declaration, and used an arbitrary tree valuation tool. The court denied the petition, finding that the Parks Department complied with SEQRA and rationally applied its protocols. The court also addressed a novel claim under New York's Green Amendment, concluding it creates a self-executing substantive right but found no violation in this context, as the project was justified by important government interests and aimed for long-term environmental improvement.

Environmental ReviewSEQRACEQRGreen AmendmentConstitutional LawPublic Park RenovationTree RemovalHistoric PreservationJudicial ReviewArticle 78 Proceeding
References
38
Case No. 2017 NY Slip Op 00122 [146 AD3d 488]
Regular Panel Decision
Jan 10, 2017

Nunez v. Park Plus, Inc.

Emilio Nunez was injured at a parking lot owned by DeSoto Parking, LLC, while employed by Little Man Parking, LLC, when a mechanical lift caused the amputation of his toe. DeSoto moved for summary judgment arguing the claim was barred by Workers' Compensation Law § 11, contending Nunez did not suffer a grave injury and was its special employee, and that there was a written indemnity agreement with Park Plus, Inc. The Supreme Court denied the motion. The Appellate Division affirmed the denial, agreeing Nunez did not suffer a grave injury, but found factual issues regarding DeSoto being an alter ego of Little Man Parking, LLC, and the existence of an indemnity agreement. It also concluded DeSoto failed to establish Nunez as a special employee.

Workers' CompensationGrave InjurySummary JudgmentAlter EgoIndemnification AgreementSpecial EmployeeToe AmputationPersonal InjuryAppellate ReviewParking Lot Accident
References
4
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. MISSING
Regular Panel Decision
Apr 15, 2008

Baldwin v. Garage Management Corp.

Plaintiffs Jessica Baldwin and an infant plaintiff brought a personal injury action after a collision with a stolen vehicle driven by defendant Michael Walker. The vehicle was stolen from a garage operated by defendants Garage Management Corp., Garage Management Company, LLC, and Ricant Parking, LLC. The Supreme Court, Kings County, granted the garage defendants' motion for summary judgment, dismissing claims based on Vehicle and Traffic Law § 1210 (a) and common-law negligence, and denied the plaintiffs' cross-motion. Upon reargument, the court adhered to its original determination. The appellate court affirmed the order dated April 15, 2008, finding that the garage was not a "parking lot" under VTL § 129-b, and the vehicle was not left unattended in violation of VTL § 1210 (a). Furthermore, the court found no common-law negligence liability for damages caused by a thief.

Personal InjurySummary JudgmentStolen VehicleGarage LiabilityNegligenceVehicle and Traffic LawAppellate AffirmationKings CountyReargument
References
7
Case No. MISSING
Regular Panel Decision

Rhodes-Evans v. 111 Chelsea LLC

The case involves a Verizon field technician, referred to as Plaintiff, who sustained a back injury while splicing fiber optic cable in a parking garage. The garage was leased by 111 Eighth Avenue Parking, LLC from the building owner, 111 Chelsea LLC. The plaintiff alleged injury occurred when a ladder, placed on a debris-laden floor, shifted, causing her to twist to avoid a fall. The Supreme Court initially denied summary judgment for 111 Eighth Avenue Parking on a common-law negligence claim and granted 111 Chelsea LLC's motion for contractual indemnity against 111 Eighth Avenue Parking, but denied Chelsea's common-law indemnity claim. On appeal, the court modified the order, granting 111 Chelsea LLC's motion for summary judgment to dismiss the Labor Law § 240 (1) and § 241 (6) claims against it, finding that splicing fiber optic cable did not constitute "altering" a structure or "construction work" under the Labor Law. The court affirmed other aspects of the April 25, 2006 order and unanimously affirmed the denial of 111 Eighth Avenue Parking's motion for renewal from September 21, 2006.

Labor LawSummary JudgmentAppellate ReviewContractual IndemnityCommon-Law IndemnityWorker SafetyPremises LiabilityFiber Optic CableLadder AccidentBack Injury
References
20
Case No. MISSING
Regular Panel Decision

Park South Tenants Corp. v. 200 Central Park South Associates, L.P.

The case involves Park South Tenants Corporation suing 200 Central Park South Associates and its directors for damages under the Condominium and Cooperative Protection and Abuse Relief Act of 1980 (15 U.S.C. § 3607 et seq.) and for breach of fiduciary duty. Plaintiff alleged that defendants, through "special developer control," interfered with its right to terminate a commercial lease for a parking garage from the lease's inception. The court granted defendants' motion for summary judgment, ruling that the statutory right to terminate the lease under Section 3607 only accrued after "special developer control" was relinquished, not at the lease's start. Since no interference with this right occurred during the legitimate two-year termination window, the federal claim was dismissed. Consequently, the pendent state law claim for breach of fiduciary duty was also dismissed due to lack of subject matter jurisdiction.

Condominium conversionCooperative associationDeveloper controlLease terminationSummary judgmentFiduciary dutyCondominium and Cooperative Protection and Abuse Relief Act of 1980Federal court jurisdictionReal estate lawCommercial lease dispute
References
13
Case No. 2018 NY Slip Op 03584
Regular Panel Decision
May 17, 2018

Matter of Smith v. Park

Alex K. Smith, a 14-year-old, died in a skid steer accident at Park Family Farm. His mother, Vicky S.T. Smith, as administrator, filed a claim for workers' compensation death benefits. The Workers' Compensation Law Judge initially awarded benefits, finding the decedent an illegally employed minor. The claimant challenged this, arguing the employer was uninsured. The Workers' Compensation Board confirmed coverage by the State Insurance Fund and increased the death benefit award to $100,000 under double indemnity provisions, with Park Family Farm solely responsible for the increased amount due to illegal employment. The Appellate Division affirmed the Board's decision, stating that a change in partnership composition did not invalidate the insurance policy.

Illegal EmploymentMinor Employee DeathWorkers' Compensation Death BenefitsInsurance Policy ValidityPartnership ChangeEmployer LiabilityDouble IndemnityAppellate ReviewFarm AccidentSkid Steer Accident
References
10
Case No. 2019 NY Slip Op 07467 [176 AD3d 1362]
Regular Panel Decision
Oct 17, 2019

Matter of Molina v. Icon Parking LLC

This case concerns the calculation of an employee's average weekly wage for workers' compensation benefits. Claimant Ramon Guerra Molina sustained injuries while working as a parking lot attendant for Icon Parking LLC. The Workers' Compensation Board initially established his average weekly wage using Workers' Compensation Law § 14 (3), which resulted in a lower wage. The Appellate Division, Third Department, reversed this decision, finding that the Board failed to explain why Workers' Compensation Law § 14 (2) could not be "reasonably and fairly applied" before resorting to § 14 (3). The court remitted the matter back to the Workers' Compensation Board for further proceedings, including the submission of payroll records for similar employees, to determine the appropriate method for calculating the average weekly wage.

Workers' CompensationAverage Weekly WageWage CalculationWorkers' Compensation LawAppellate ReviewRemittalPayroll RecordsParking Lot AttendantStatutory Interpretation
References
3
Case No. 2024 NY Slip Op 05005 [231 AD3d 1248]
Regular Panel Decision
Dec 15, 2022

Matter of Park (Commissioner of Labor)

Miyoung Park appealed a decision by the Unemployment Insurance Appeal Board, which ruled she was ineligible for unemployment insurance benefits due to not being totally unemployed. After being separated from her primary employment due to COVID-19, Park applied for benefits with her daughter's help, certifying she did not work. However, she was working part-time as a home care worker. The Department of Labor found her ineligible, charged her with recoverable overpayment, and imposed penalties for willful false statements. An Administrative Law Judge and subsequently the Appeal Board affirmed this determination. The Appellate Division affirmed the Board's decision, finding substantial evidence that Park was not totally unemployed and was responsible for accurate reporting.

Unemployment Insurance BenefitsEligibilityTotal UnemploymentFalse StatementsOverpayment of BenefitsWillful MisrepresentationAppellate ReviewCOVID-19 PandemicHome Care WorkerAdministrative Law Judge Decision
References
7
Case No. 2019 NY Slip Op 00229 [168 AD3d 491]
Regular Panel Decision
Jan 15, 2019

Sanchez v. 404 Park Partners, LP

Luis Sanchez, a construction worker, was injured after falling through an uncovered floor opening at a work site. He moved for summary judgment on Labor Law §§ 240(1) and 241(6) claims against the property owner, 404 Park Partners, LP, the general contractor, Sciame Construction, LLC, and subcontractor Cord Contracting Co. Inc., which was granted by the Supreme Court. The Appellate Division, First Department, affirmed the liability findings against these parties, noting the owner and general contractor's statutory duties and the subcontractor's delegated duty to cover floor openings. Additionally, the court modified the lower court's indemnification rulings. It granted conditional full contractual indemnification to Sciame from United Air Conditioning Corp. II and conditional contractual indemnification to 404 Park and Sciame from Cord, contingent on the extent of their respective negligence, while also preserving factual issues concerning common-law negligence and Labor Law § 200 claims against Sciame.

Construction AccidentLabor LawSummary JudgmentContractual IndemnificationSubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilitySafe Place to WorkIndustrial Code ViolationsProximate Cause
References
6
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