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

Case No. No. 36, No. 37
Regular Panel Decision
May 23, 2023

Bryan Scurry v. New York City Housing Authority, Estate of Tayshana Murphy v. New York City Housing Authority

This case involves two consolidated appeals concerning negligence claims against the New York City Housing Authority (NYCHA) for injuries and deaths resulting from intruder attacks in public housing complexes with broken exterior door locks. In both cases, the victims (Ms. Crushshon and Ms. Murphy) were targeted by assailants who gained access through negligently maintained doors. NYCHA sought summary judgment, arguing that the targeted nature of the attacks severed the causal link between its negligence and the harm. The Court of Appeals affirmed the denial of summary judgment in Scurry and reversed the grant of summary judgment in Murphy, reiterating that proximate cause is generally a question of fact for the jury. The court emphasized that the risk of intruders harming residents through unsecured doors is precisely the risk that renders a landlord negligent, and that an assailant's intent does not automatically sever the causal chain.

NegligencePremises LiabilityProximate CauseSummary JudgmentAppellate ReviewLandlord DutyForeseeabilityTargeted AttackSecurity MeasuresBroken Locks
References
11
Case No. MISSING
Regular Panel Decision
Feb 29, 2012

House v. Commissioner of Social Security

Plaintiff Sheryl L. House sought judicial review of the Commissioner of Social Security's denial of her disability insurance benefits application. A Magistrate Judge issued a Report and Recommendation, concluding that the Administrative Law Judge's decision finding Plaintiff not disabled was supported by substantial evidence. The Magistrate Judge recommended granting the Commissioner's motion for judgment on the pleadings and denying Plaintiff's similar motion. The District Judge adopted this Report and Recommendation in its entirety, thus upholding the denial of disability benefits.

Disability BenefitsSocial Security ActAdministrative Law JudgeResidual Functional CapacityTreating Physician's RuleMedical-Vocational GuidelinesCredibility AssessmentPhysical ImpairmentsJudicial ReviewMotion for Judgment on Pleadings
References
54
Case No. MISSING
Regular Panel Decision

Nickels v. New York City Housing Authority

The case concerns the legality of the New York City Housing Authority's (Housing Authority) vote to involuntarily transfer its police officers to the New York City Police Department (NYPD) under Civil Service Law § 70 (2). The petitioner, Timothy L. Nickels, representing Housing Police officers, sought to void this transfer and enjoin the Housing Authority, arguing it lacked legal authorization and would harm officers' contractual benefits, including pension and workers' compensation. The court examined whether the Housing Authority constitutes a 'civil division of the state' under Civil Service Law § 70 (2) and its legislative history, concluding that public authorities are excluded. It also determined that legislative action is required to protect employees' constitutionally guaranteed pension and seniority rights, which would be impaired by the proposed merger without such authorization. Consequently, the court granted the petition, permanently enjoining the involuntary transfers and the dissemination of officers' payroll information, and directing the return of any such documentation.

Civil Service LawPublic AuthoritiesPolice TransferPension RightsConstitutional LawLegislative IntentInter-agency MergerCivil Division of StatePublic Employee BenefitsInjunctive Relief
References
17
Case No. MISSING
Regular Panel Decision

A.H.A. General Construction, Inc. v. New York City Housing Authority

A.H.A. General Contracting, Inc. (respondent) sued New York City Housing Authority (appellant) for damages related to extra work under two construction contracts. Respondent claimed that the Housing Authority's misconduct entitled it to recover despite its own noncompliance with contractual notice and reporting requirements for extra work. The court determined that these requirements were conditions precedent to suit, not exculpatory clauses. Finding no factual basis that the Housing Authority's alleged misconduct prevented respondent's compliance, the court concluded that the Housing Authority's motion for summary judgment should have been granted. The Appellate Division's order was reversed, and the Supreme Court's order granting summary judgment to the Housing Authority and dismissing the complaint was reinstated.

Construction ContractsExtra Work ClaimsNotice RequirementsReporting RequirementsConditions PrecedentSummary JudgmentBreach of ContractUnjust EnrichmentPublic Works ProjectsContractual Obligations
References
14
Case No. 2021 NY Slip Op 00249
Regular Panel Decision
Jan 19, 2021

Board of Mgrs. of Carriage House Condominium v. Healy

The plaintiff, Board of Managers of Carriage House Condominium, initiated an action against defendants Valeria Calafiore Healy et al. to secure access to their condominium unit for necessary repairs to AC condensers that serve other units. The Supreme Court, New York County, granted the plaintiff's motion for a preliminary injunction, directing the defendants to permit HVAC workers, accompanied by a managing agent, into their unit for repairs upon one day's notice. On appeal, the Appellate Division, First Department, unanimously affirmed the Supreme Court's order, finding no abuse of discretion in its decision to grant the injunction. The court also mandated the plaintiff to post a $1000 bond and denied motions to enlarge the record and for sanctions.

Condominium LawPreliminary InjunctionAccess RightsHVAC RepairsAppellate ReviewAbuse of DiscretionProperty AccessUnit MaintenanceBuilding ManagementReal Estate Law
References
4
Case No. 2021 NY Slip Op 00447
Regular Panel Decision
Jan 27, 2021

Scurry v. New York City Hous. Auth.

This case examines landlord liability for negligent security in a residential building. Plaintiffs Bryan Scurry and Brandon Chrushshon sued the New York City Housing Authority (NYCHA) after a targeted attack, involving domestic violence, resulted in a fatality and serious injuries, allegedly facilitated by a broken front door lock. NYCHA moved for summary judgment, arguing the perpetrator's premeditated actions constituted an independent intervening cause. The Appellate Division, Second Department, affirmed the denial of summary judgment, rejecting a strict "targeted versus random attack" distinction. The court held that whether the alleged negligently maintained building entrance was a concurrent contributory factor in the crime's occurrence presents a triable issue of fact for a jury, thereby denying NYCHA's motion for summary judgment.

Negligent SecurityProximate CauseLandlord LiabilityTargeted AttackIntervening CauseSummary JudgmentForeseeability of CrimeBroken Door LockDomestic ViolenceAppellate Review
References
49
Case No. 2018 NY Slip Op 02304
Regular Panel Decision
Apr 03, 2018

Matter of Adebiyi v. New York City Hous. Auth.

Petitioner Adeyinka Adebiyi, injured while employed by the New York City Housing Authority, received workers' compensation benefits for a permanent partial disability. He secured a significant third-party recovery from federal actions, leading to a dispute over a workers' compensation lien. Initially, the Supreme Court granted a lien for past benefits but later vacated it, referring disability reclassification issues to the Workers' Compensation Board. The Appellate Division reversed this decision, holding that the lien amount must be determined at the time of settlement based on the petitioner's disability status then, rather than awaiting a potential reclassification. Consequently, the respondents' cross motion for the lien was granted, and a related appeal was dismissed as academic.

Workers' Compensation LienThird-Party RecoveryDisability ClassificationPermanent Partial DisabilitySettlement ApprovalReimbursementAppellate DivisionStatutory LienWorkers' Compensation LawJudiciary Law
References
1
Case No. 2025 NY Slip Op 05129 [241 AD3d 1680]
Regular Panel Decision
Sep 25, 2025

Matter of Cabrera v. New York City Hous. Auth.

Joseph Cabrera, the claimant, established a workers' compensation claim for work-related injuries and was subsequently classified with a permanent partial disability. The self-insured employer, New York City Housing Authority, failed to make timely compensation payments, leading to the imposition of a late payment penalty under Workers' Compensation Law § 25 (1) (e). Claimant's counsel sought an award of counsel fees for their role in securing this penalty, but the application was denied by the Workers' Compensation Law Judge, a decision later affirmed by the Workers' Compensation Board. The denial was based on recent amendments to Workers' Compensation Law § 24, which do not provide for additional fees for procuring late payment penalties. The Appellate Division, Third Department, affirmed the Board's decision, citing consistency with prior rulings that underscore the lack of authority to award such counsel fees.

counsel feeslate payment penaltyWorkers' Compensation Lawpermanent partial disabilityadministrative appealstatutory interpretationattorney fees denialjudicial reviewappellate decisionWorkers' Compensation Board
References
4
Case No. 2014 NY Slip Op 04883 [119 AD3d 494]
Regular Panel Decision
Jul 02, 2014

Ahmed v. New York City Housing Authority

The case concerns Riaz Ahmed's personal injury claim against the New York City Housing Authority. Ahmed initially filed a notice of claim alleging injuries from a sidewalk defect. The Housing Authority moved to dismiss due to an inadequate notice, prompting Ahmed to cross-move to amend the notice to reflect a ladder fall during work as a contractor and add Labor Law claims. The Supreme Court granted the amendment and denied dismissal. However, the Appellate Division reversed, ruling that the proposed amendments were substantive changes to facts and legal theories, not mere technical corrections, thereby prejudicing the Housing Authority's ability to investigate. The court also found the original notice of claim inadequate for failing to provide sufficient detail for prompt investigation, leading to the dismissal of the complaint against the Housing Authority.

Notice of ClaimAmendment of ClaimPersonal InjurySidewalk DefectLadder FallLabor Law ClaimsSubstantive ChangesTechnical MistakesPrejudiceSufficiency of Notice
References
9
Case No. MISSING
Regular Panel Decision

Claudio v. New York City Housing Authority

Judge Silverman dissents, arguing that the plaintiff was an ad hoc employee of the New York City Housing Authority, despite being paid by the city's South Bronx Neighborhood Youth Corps. The plaintiff worked on the Housing Authority's premises under their supervision, and the city did not supervise his work. Consequently, the plaintiff should be barred from suing the Housing Authority under Workers’ Compensation Law § 11. The dissent concludes that a motion to dismiss on this ground should have been granted, or, in the alternative, the verdict was against the weight of the evidence, warranting a new trial or dismissal of the complaint.

ad hoc employmentspecial employeeWorkers' Compensation Lawdissenting opinionjudgment reversalnew trialmotion to dismissverdict weight of evidencesupervisory controlemployment status determination
References
2
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