13 Cited authorities

300 Gramatan v. Human Rights
45 N.Y.2d 176 (N.Y. 1978) Cited 2,304 times
In 300 Gramatan Ave. Assoc. v State Div. of Human Rights (45 NY2d 176), we stated that "substantial evidence consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably — probatively and logically" (id. at 181).
Raritan Development Corp. v. Silva
91 N.Y.2d 98 (N.Y. 1997) Cited 190 times
In Raritan, the question was whether "floor area" excludes "cellar space" (91 N.Y.2d at 100–101, 667 N.Y.S.2d 327, 689 N.E.2d 1373).
McClary v. O'Hare
786 F.2d 83 (2d Cir. 1986) Cited 111 times
Holding that government actor must intentionally abuse his or her power as a state official to harm state employee in order to sustain substantive due process violation
Bender v. Jamaica Hosp
40 N.Y.2d 560 (N.Y. 1976) Cited 80 times
Holding that a public benefit corporation does not "fit within" the General Municipal Law's definition of municipal corporation because it applies "only" to a county, town, city, or village
Hanford v. Plaza Packaging
2 N.Y.3d 348 (N.Y. 2004) Cited 26 times
Holding that two people are within the same employ if the accident occurred "within the scope" of their employment
Wolfe v. Sibley, Lindsay
36 N.Y.2d 505 (N.Y. 1975) Cited 75 times
Submitted February 21, 1975 Decided May 5, 1975 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Irving Pherterson for appellant. Winchell, Connors and Corcoran for Sibley, Lindsay Curr Co. and another, respondents. WACHTLER, J. This appeal involves a claim for workmen's compensation benefits for the period during which the claimant was incapacitated by severe depression caused by the discovery of her immediate supervisor's body after he had committed suicide
Matter of Petterson v. Daystrom Corp.
17 N.Y.2d 32 (N.Y. 1966) Cited 91 times
In Petterson v. Daystrom Corp., 17 N.Y.2d 32, 268 N.Y.S.2d 1, 215 N.E.2d 329 (1966) the issue before the court was whether the workmen's compensation insurance carrier was entitled to a credit against the proceeds of a settlement of a wrongful death action instituted in a foreign state.
Dietrick v. Kemper Ins. Co.
76 N.Y.2d 248 (N.Y. 1990) Cited 40 times
In Dietrick v. Kemper Ins. Co. (76 N.Y.2d 248), the Court of Appeals, in attempting to integrate two not entirely compatible statutes, resolved the resultant ambiguity in favor of the injured party and concluded that permanent partial disability should be deemed included within the definition of first-party benefits (supra, at 253; see also, Matter of Johnson v. Buffalo Erie County Private Indus. Council, 192 A.D.2d 763, 764; butsee, Matter of Simmons v. St. Lawrence County CDP, 147 A.D.2d 323).
Shutter v. Philips Display Co.
90 N.Y.2d 703 (N.Y. 1997) Cited 22 times
In Matter of Shutter v. Philips Display Components Co. (90 N.Y.2d 703, 708) the Court of Appeals interpreted Workers' Compensation Law § 29 Work. Comp.(1) and 29(4), stating, "[t]ogether, these terms indicate that the lien and offset tools [of the Workers' Compensation Law] may be applied only against recoveries from the third-party tortfeasors who are responsible for the claimant's injuries".
In re Hiser
72 A.D.3d 1423 (N.Y. App. Div. 2010) Cited 3 times
No. 507081. April 29, 2010. Appeal from a decision of the Workers' Compensation Board, filed August 29, 2008, which ruled that the employer's workers' compensation carrier was entitled to offset its future compensation to claimant pursuant to Workers' Compensation Law § 29 (4). Buckley, Mendleson, Criscione Quinn, P.C., Albany (James E. Buckley of counsel), for appellant. Stockton, Barker Mead, L.L.P., Albany (Leith Carole Ramsey of counsel), for Richmor Aviation, Inc. and another, respondents. Before:

In the Matter of Beth V., Appellant,v.New York State Office of Children & Family Services et al., Respondents. Workers' Compensation Board, Respondent.

13 Cited authorities

In Raritan, the question was whether "floor area" excludes "cellar space" (91 N.Y.2d at 100–101, 667 N.Y.S.2d 327, 689 N.E.2d 1373).

Holding that government actor must intentionally abuse his or her power as a state official to harm state employee in order to sustain substantive due process violation

Holding that a public benefit corporation does not "fit within" the General Municipal Law's definition of municipal corporation because it applies "only" to a county, town, city, or village

Holding that two people are within the same employ if the accident occurred "within the scope" of their employment

In Petterson v. Daystrom Corp., 17 N.Y.2d 32, 268 N.Y.S.2d 1, 215 N.E.2d 329 (1966) the issue before the court was whether the workmen's compensation insurance carrier was entitled to a credit against the proceeds of a settlement of a wrongful death action instituted in a foreign state.