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Wage Parity Law Which Conditions Medicaid Reimbursement Upon Paying Home Health Services Workers a Minimum Wage Is Constitutional

In a full-fledged opinion by Justice McCarthy, the Third Department determined the Wage Parity Law (Public Health Law section 3614-c), which conditions Medicaid reimbursement upon paying home health services providers a minimum wage as set in New York City’s Living Wage Law, was constitutional. The court rejected arguments that: (1) the Legislature improperly delegated its […]

Employer Policy Re: Firing of Employees Injured in Preventable Accidents Was Discriminatory

The Third Department determined a policy which required probationary employees injured in a preventable accident to be fired, but did not require the firing of uninjured probationary employees who were observed working unsafely, improperly served to dissuade injured employees from seeking Workers’ Compensation: Workers’ Compensation Law § 120 prohibits an employer from discriminating against  an […]

Disability Pre-dated Work at World Trade Center—Worker Entitled to Workers’ Compensation

In reversing a decision of the Workers’ Compensation Board which ruled the employer was not entitled to reimbursement from the Special Disability Fund on the ground that the employee’s lung disease was solely related to work at the World Trade Center, the Third Department wrote: [The treating doctor] repeatedly expressed  his  opinion  that claimant’s interstitial […]

Employee’s Use of Personal Checking Account Did Not Amount to Misconduct

The Third Department reversed the Unemployment Insurance Appeal Board’s denial of benefits finding that, although the practice of depositing money in the employee’s bank account for reimbursement to her and others for out of pocket expenses violated company policy, it did not amount to misconduct: Even  where  an  employee  has been  fired for legitimate reasons, […]

Employer’s Late Request for a Hearing Could Not Be Excused

In affirming the Unemployment Insurance Appeal Board’s ruling that an employer’s request for a hearing was untimely, the Third Department noted there was no provision allowing an extension of time: “Pursuant to Labor Law § 620 (2), an employer has 30 days from the mailing or personal delivery of a contested determination  to  request a […]

Policy Exclusions Not Affected by Additional Insured Endorsement

The Second Department explained how the exclusion provisions of a policy are affected by the language of an additional insured endorsement: Here, the plain meaning of the exclusion … was that the …policy did not provide coverage for damages arising out of bodily injury sustained by an employee of any insured in the course of […]

Criteria for Easement Granted in General Terms

In determining Supreme Court should have denied defendant’s motion to dismiss, the Second Department explained the criteria for an easement granted in general terms: Where, as here, an easement is granted in general terms, “the extent of its use includes any reasonable use necessary and convenient for the purpose for which it is created”…. Further, […]

Question of Fact About Whether Plaintiff Had Standing to Bring Foreclosure Proceeding

The Second Department reversed Supreme Court, finding that the plaintiff was not entitled to summary judgment in a mortgage foreclosure proceeding.  The defendant alleged plaintiff did not have standing to bring the action. The Second Department determined the plaintiff failed to present sufficient evidence of its standing to support summary judgment in plaintiff’s favor.  In […]

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