Legal Opinion

Claim of McGuinness v. John P. Picone, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 2007PublishedCited by 7 opinions

1Opinion of the CourtLahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed June 10, 2005, which ruled that the doctrine of laches was not applicable against the State Insurance Fund.

Wausau Insurance Company, the workers’ compensation carrier for claimant’s employer, contends that the Workers’ Compensation Board erred in rejecting its argument that laches should have precluded the successful claim of noncoverage by the State Insurance Fund (hereinafter SIF). Laches can be asserted in the context of some workers’ compensation cases, including “when there has been an inexcusable delay in raising the…

2Cases cited4 opinions

  1. Taylor v. Vassar CollegeAppellate Division of the Supreme Court of the State of New York · 1988
  2. Holloway v. West Street TruckingAppellate Division of the Supreme Court of the State of New York · 2005
  3. In re the Claim of Ricciardi v. LeatherAppellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Koc v. Standard Boat Co.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. Claim of Hopkins v. Alcas Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Sacco v. Mast Advertising/PublishingAppellate Division of the Supreme Court of the State of New York · 2010
  3. Claim of Hernandez v. Taco Bell, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Finchum v. ColaiacomoAppellate Division of the Supreme Court of the State of New York · 2008
  5. Claim of Manticoff v. American Building MaintenanceAppellate Division of the Supreme Court of the State of New York · 2009

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