Malone v. Bob Bernhardt Paving
Cases that cite this one
10 later published cases cite this decision.
- Matter of Szymanski v. ABA Tech Indus., Inc. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Holsopple v. United Parcel Serv. (Appellate Division of the Supreme Court of New York 2018)
- MatterofVanEttenvMohawkValleyCommunityCollege (Appellate Division of the Supreme Court of New York 2014)
- Van Etten v. Mohawk Valley Community College (Appellate Division of the Supreme Court of New York 2014)
- Van Etten v. Mohawk Valley Community College (Appellate Division of the Supreme Court of New York 2014)
- Claim of Aska v. United Jewish Appeal (Appellate Division of the Supreme Court of New York 2013)
- Claim of Aska v. United Jewish Appeal (Appellate Division of the Supreme Court of New York 2013)
- Claim of Mucci v. New York State Department of Corrections (Appellate Division of the Supreme Court of New York 2012)
- Claim of Mucci v. New York State Department of Corrections (Appellate Division of the Supreme Court of New York 2012)
- Claim of Isaacs v. Fleet Financial Services (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs. The Appellate Division properly upheld the Workers’ Compensation Board’s imposition of a penalty under Workers’ Compensation Law § 25 (3) (f) against the carrier for failure to pay the award within 10 days. The penalty award is consistent with the purpose of the statute “in favor of prompt payment of workers’ compensation benefits to injured employees” (Matter of Keser v New York State Elmira Psychiatric Ctr., 92 NY2d 100, 105 [1998]). The carrier’s mistake in addressing the payment to the wrong street name and number is sufficiently distinguishable from the carrier’s one-letter spelling mistake in the street name in Krug’s Glazing Servs. (WCB No. 8951 2610, 1998 WL 707503, 1998 NYWCLR [LRP] LEXIS 286 [Sept. 16, 1998]) to warrant a different result (see Matter of Charles A. Field Delivery Serv. [Roberts], 66 NY2d 516, 517-520 [1985]).
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.