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

Case No. 2018 NY Slip Op 07922
Regular Panel Decision
Nov 20, 2018

Matter of DeVera v. Elia

The case concerns the oversight authority for charter school prekindergarten programs under New York's Statewide Universal Full-Day Prekindergarten Program (Education Law § 3602-ee). Petitioners, including Success Academy and parents, challenged the New York City Department of Education's (DOE) contractual requirements, arguing that Education Law § 3602-ee (12) vests exclusive oversight responsibility in the charter entity. The Commissioner of Education initially sided with the DOE, allowing for shared oversight, but the Appellate Division reversed, holding that the "all" in subdivision (12) grants full responsibility to the charter entity. The Court of Appeals affirmed the Appellate Division's decision, concluding that the statutory language is unambiguous and vests exclusive oversight authority for charter school prekindergarten programs in the charter entity, thereby divesting the school district of authority to set curricular or programmatic requirements. The dissent argued that this interpretation misreads the statute and undermines the accountability framework intended by the legislature for universal pre-kindergarten programs.

Charter SchoolsPrekindergarten ProgramsEducation LawStatutory InterpretationOversight AuthoritySchool DistrictsNew York Court of AppealsUniversal Pre-K LawLegislative IntentAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. 2018 NY Slip Op 03093
Regular Panel Decision
May 01, 2018

Contact Chiropractic, P.C. v. New York City Tr. Auth.

This case addresses the applicable statute of limitations for no-fault claims against a self-insured entity. The Court of Appeals determined that the three-year statute of limitations under CPLR 214 (2) governs such claims, as the obligation to provide no-fault benefits by a self-insurer is statutory rather than contractual. This decision reversed the Appellate Division, which had applied a six-year statute of limitations based on a contractual nature. The Court clarified that in the absence of a private insurance contract, the self-insurer's liability for first-party benefits is wholly statutory. The ruling impacts procedural aspects without altering the substantive no-fault obligations of self-insurers.

Statute of LimitationsNo-Fault InsuranceSelf-Insurer LiabilityCPLR 214 (2)CPLR 213 (2)Statutory ObligationContractual ObligationFirst-Party BenefitsMotor Vehicle AccidentsAppellate Review
References
30
Case No. 2022 NY Slip Op 00083 [201 AD3d 1059]
Regular Panel Decision
Jan 06, 2022

Matter of Fleetwood Drywall Inc. (Commissioner of Labor)

Fleetwood Drywall Inc. appealed a decision from the Unemployment Insurance Appeal Board, which found them liable for additional unemployment insurance contributions for certain drywall installers and finishers. Fleetwood considered these workers independent contractors, but an audit and subsequent hearings determined an employment relationship existed under the Construction Industry Fair Play Act (Labor Law art 25-B). The Administrative Law Judge and the Board found that Fleetwood failed to rebut the statutory presumption of an employment relationship by not meeting all 12 statutory criteria for separate business entities under Labor Law § 861-c (2). The Appellate Division affirmed the Board's decision, specifically finding that Fleetwood failed to demonstrate that the subcontractors owned the capital goods (drywall) as required by the statute.

Unemployment InsuranceIndependent ContractorEmployment RelationshipConstruction Industry Fair Play ActLabor LawStatutory PresumptionCapital GoodsDrywall InstallersSubcontractorsAppellate Review
References
17
Case No. MISSING
Regular Panel Decision

Kazanoff v. United States

Irving Kazanoff, individually and as executor of his wife Shelley Kazanoff's estate, brought a wrongful death suit. Shelley Kazanoff was murdered in her apartment by Daniel Rodriguez and William Deliu. The plaintiff alleged negligence against the US government (for a postal employee allowing the murderers entry) and three building management entities (Just Management Corporation, 100-10 67th Road Condominium Association, and Preferred 100-10 67th Road Condominium Corporation) for failing to provide adequate security. The court granted summary judgment for the government and the three building entities, finding no duty of care breached by the government's postal employee and no unreasonable conduct or breach of duty by the building defendants, who complied with statutory security minimums. The case is still proceeding against the individual murderers.

Wrongful DeathNegligenceSummary JudgmentPremises LiabilityForeseeabilityDuty of CareIntervening Criminal ActPostal ServiceCondominium AssociationManaging Agent
References
7
Case No. 2023 NY Slip Op 00139 [212 AD3d 972]
Regular Panel Decision
Jan 12, 2023

Matter of Ceja v. Manetta Enters., Inc.

Claimant Pablo Figueroa Ceja filed for workers' compensation benefits after being injured while working for Manetta Enterprises, Inc. The State Insurance Fund (SIF) disputed coverage, claiming policy cancellation for nonpayment. However, both the Workers' Compensation Law Judge and the Workers' Compensation Board found SIF liable, ruling that SIF failed to strictly adhere to Workers' Compensation Law § 54 (5) by not sending a separate cancellation notice to Manetta, despite sharing an address with a related entity, Manco Enterprises of NY, Inc. The Appellate Division affirmed this decision, emphasizing the statutory requirement for individual notice to each insured entity unless a specific designee is appointed, and rejected SIF's new arguments regarding claimant's employment status as not properly preserved for appeal.

Workers' CompensationInsurance Policy CancellationNotice RequirementsStrict ComplianceAppellate DivisionEmployer LiabilityCarrier LiabilityStatutory InterpretationDual Entity PolicyAdministrative Appeal
References
6
Case No. MISSING
Regular Panel Decision

Ellicott Group, LLC v. State of New York Executive Department Office of General Services

This case addresses whether the State of New York Executive Department Office of General Services (OGS) had the authority to include a provision in its lease agreements requiring a plaintiff, a private entity, to pay prevailing wages to certain workers. OGS implemented this policy to resolve ambiguities regarding the application of prevailing wage laws to projects potentially involving "public work," even when such work might not technically meet the statutory definition. The plaintiff, a private landlord, challenged this requirement in a declaratory judgment action, arguing that OGS exceeded its statutory authority and violated the separation of powers doctrine. The Supreme Court granted summary judgment for the plaintiff, declaring the prevailing wage clause unauthorized and enjoining OGS from mandating its inclusion. The appellate court affirmed this judgment, concluding that OGS, as an administrative body, usurped the legislative function by defining the parameters of when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawSeparation of PowersExecutive AuthorityLegislative FunctionPublic Work ContractLabor Law Article 8Labor Law Article 9Lease AgreementGovernment ContractsAdministrative Law
References
9
Case No. MISSING
Regular Panel Decision

In re New York City Asbestos Litigation

This case addresses the interpretation of CPLR 1601 regarding joint and several liability, specifically whether corporations that have filed for bankruptcy are considered beyond a court's "jurisdiction." The court, presided over by Edward H. Lehner, J., was tasked with molding judgments in five consolidated asbestos litigation actions. The central issue was whether the shares of fault attributed to bankrupt entities should be excluded from CPLR 1601 calculations for non-economic loss, thereby potentially increasing the liability of the non-settling defendant, Rapid-American Corporation. The court ruled that the term "jurisdiction" in CPLR 1601 should be enlarged to mean "effective jurisdiction," thus allowing for the exclusion of bankrupt entities from fault apportionment if effective jurisdiction cannot be obtained. The decision on the final molding of judgments was held in abeyance, pending a hearing to determine which corporations were subject to a bankruptcy statutory stay and verification of settlement amounts for offsets under General Obligations Law § 15-108.

Asbestos litigationCPLR 1601Joint and several liabilityBankruptcy stayEffective jurisdictionWorkers' Compensation LawSettlement offsetsJudgment moldingPersonal injuryTortfeasors
References
11
Case No. MISSING
Regular Panel Decision

Tzolis v. Wolff

The dissent argues that the majority overstepped its bounds by judicially creating a right for Limited Liability Company (LLC) members to bring derivative actions, a right that the New York Legislature explicitly considered and rejected during the enactment of the LLC Law in 1994. Justice Read highlights the legislative history, demonstrating that while the Assembly initially included derivative action provisions in proposed LLC bills, the Senate consistently omitted them, leading to a deliberate legislative compromise that excluded such rights from the final statute. The dissent criticizes the majority's justification based on existing common law and analogies to other business entities, asserting that there is no settled law regarding derivative suits for LLCs, which are a relatively new statutory form. Citing precedents, Justice Read emphasizes the Court's consistent deference to legislative intent, particularly when proposed statutory language is omitted. The dissenting opinion concludes that the majority has effectively rewritten the law, undermining legislative prerogative and providing a remedy unfettered by the safeguards typically imposed by the Legislature.

Limited Liability Companies (LLCs)Derivative SuitsLegislative IntentStatutory InterpretationJudicial ActivismAppellate ProcedureBusiness LawCorporate GovernancePartnership LawCommon Law Equity
References
12
Case No. MISSING
Regular Panel Decision

Sara Lee Corp. v. Bags of New York, Inc.

Sara Lee Corporation filed an action claiming defendants produced and sold counterfeit trademarked Coach Leatherware products, violating the Trademark Act of 1946. Following defendants' failure to respond, a default judgment was entered, and the court retained jurisdiction to determine damages. Despite court orders, seizures, and civil contempt findings, defendant Nabil Helou and his associated businesses persisted in their counterfeiting activities. The court, noting the defendants' willful infringement, efforts to mislead, and defiance of deterrence, awarded Sara Lee $750,000 in statutory damages and $46,045.63 in attorney fees and costs.

Trademark InfringementCounterfeitingStatutory DamagesAttorney FeesWillful InfringementDefault JudgmentInjunctive ReliefDeterrencePunitive DamagesCivil Contempt
References
15
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