CONSTRUCTION, CONTRACTS, INSURANCE LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE, WORKERS' COMPENSATION
Preserver Ins. Co. v. Ryba, No. 97
In a coverage dispute over a jobsite injury allegedly sustained by a construction worker presenting the question of whether an employer's liability insurance coverage is unlimited or limited to $100,000 as specified in a standard form workers' compensation and employers' liability contract policy, the court of appeals finds that employer's liability is limited under the circumstances of this case where: 1) from a contractual interpretation standpoint, nothing in the underlying policy suggested unlimited liability; and 2) from a legal perspective, none of the applicable state laws provided for an unlimited employers' liability insurance.
CONTRACTS, LABOR & EMPLOYMENT LAW
Pachter v. Bernard Hodes Group, Inc., No. 86
An "executive" falls within the ambit of the protections afforded to "employees" under sections 190 and 193 of the Labor Law. Also, the determination of when a commission is earned is governed by the parties' express or implied agreement.
CRIMINAL LAW & PROCEDURE
People v. Finley, No. 87, 88
In the context of detention facilities, the small amounts of marijuana at issue, substantially less than 25 grams, were not "dangerous contraband" under Penal Law sections 205.00 (4) and 205.25 (2).
DEBT COLLECTION, PROPERTY LAW & REAL ESTATE, TAX LAW
In the Matter of Mill Creek Phase 1 Staten Island Bluebelt Sys., No. 95
The interest due and owing on a subject tax lien continues to accrue at the interest rate of 18%, pursuant to Administrative Code sections 11-224 and 11-319(6), from the vesting of title in the City of New York until the date of full payment of the lien.
ELECTIONS, GOVERNMENT LAW
In the Matter of Master v. Pohanka, No. 91
Election Law section 6-120(3) allows a political party's state committee to vest itself with the authority to issue certificates of authorization for county, city or local public offices.
ELECTIONS, GOVERNMENT LAW
In the Matter of Conroy v. State Comm. of the Independence Party of New York, No. 90
In a declaratory judgment action seeking to invalidate an party rule on grounds that the rule conflicted with Election Law section 6-120(3), the court of appeals finds that the rule at issue does not conflict with Election Law section 6-120(3) insofar as it vests in the Executive Committee of the State Committee the authority to designate or nominate non-party members for "non-citywide" public offices in the City of New York.