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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jan 23, 2015

People v. Doe

Defendant, charged with assault and harassment after biting a security officer at an HIV/AIDS Services Administration (HASA) location, filed a motion to seal court papers and to prevent the complainant from referencing defendant's alleged HIV status, citing Public Health Law § 2780 et seq. The defendant argued that the security officer, as an agent of HASA, was bound by confidentiality provisions regarding HIV-related information. The court determined that Article 27-F of the Public Health Law applies only to persons who provide health or social services, a category that did not include the complainant security officer. Consequently, the defendant's motion to preclude the HIV-related testimony was denied. However, the court granted the application to seal the underlying motion papers, citing the sensitive nature of the proceedings and the strong public policy favoring confidentiality.

HIV confidentialityPublic Health Law 27-FAssault third degreeHarassment second degreeConfidentiality of HIV related informationSealing motion papersTestimony preclusionSocial services lawAgency theoryCriminal procedure
References
1
Case No. 2:16-cv-3974
Regular Panel Decision

Burns v. Cnty. of Nassau

The Court addressed a motion to dismiss based on the first-filed rule, involving two collective actions, Burns et al v. County of Nassau et al and Arciello et al v. County of Nassau et al, both concerning similar wage and hour claims against the County. While finding the first-filed rule applicable due to substantial overlap in parties and claims, the Court denied dismissal. Instead, to prevent prejudice to plaintiffs regarding the statute of limitations, and to conserve judicial resources, it ordered the consolidation of the Burns action with the Arciello action. All future proceedings for the consolidated case will occur under the Arciello case number.

Collective ActionFirst-Filed RuleConsolidationMotion to DismissOverlapping ClaimsJudicial EconomyStatute of LimitationsEastern District of New YorkFair Labor Standards ActWage and Hour
References
20
Case No. 2019 NY Slip Op 01011 [169 AD3d 1477]
Regular Panel Decision
Feb 08, 2019

Matter of Riccelli Enters., Inc. v. State of N.Y. Workers' Compensation Bd.

This case involves an appeal stemming from an order of the Supreme Court, Onondaga County, which had granted partial summary judgment to Riccelli Enterprises, Inc., et al., and 3679 River Road, Inc., et al. These parties were respondents and intervenors-respondents, respectively, while the State of New York Workers' Compensation Board and others were the appellants. The Appellate Division, Fourth Department, reviewed the appeal. However, prior to a full merits decision, the appeal was dismissed. The dismissal was a result of a stipulation of discontinuance signed by the attorneys for all parties involved on January 15, 2019.

Workers' Compensation BoardAppellate DivisionSummary JudgmentAppeal DismissalStipulation of DiscontinuanceOnondaga CountyJudiciary LawFourth DepartmentProceduralCase Dismissal
References
2
Case No. 2019 NY Slip Op 01179 [169 AD3d 527]
Regular Panel Decision
Feb 19, 2019

Matter of People v. Northern Leasing Sys., Inc.

This case involves an appeal concerning motions to dismiss various claims against Northern Leasing Systems, Inc., et al. (Northern Respondents) and Joseph I. Sussman, P.C., et al. (Attorney Respondents). The Supreme Court, New York County, initially granted the Northern Respondents' motion to dismiss Executive Law § 63 (12) and CPLR 5015 (c) claims related to General Business Law § 349 violations but denied it for other claims. The court also granted the Attorney Respondents' motion to dismiss all claims against them. The Appellate Division modified this, denying the Attorney Respondents' motion except for the General Business Law § 349 claim, and affirmed the rest. The petition failed to state a cause of action under General Business Law § 349 as the affected parties were not 'consumers'. The court found that ISO sales representatives acted as Northern Respondents' agents, and both Northern Respondents' and Attorney Respondents' conduct fell within the 'sham exception' to the Noerr-Pennington doctrine. Furthermore, the Executive Law § 63 (12) claim, based on unconscionable contract terms and targeting vulnerable individuals, was deemed to state a cause of action, and Neil Hertzman was found to have participated in the fraud scheme.

Appellate DivisionMotion to DismissGeneral Business Law § 349Executive Law § 63 (12)CPLR 5015 (c)Business Corporation Law § 1101FraudAgency LawSham ExceptionNoerr-Pennington Doctrine
References
23
Case No. 2021 NY Slip Op 04693
Regular Panel Decision
Aug 18, 2021

Caldara v. County of Westchester

The plaintiffs, Matthew Caldara et al., appealed an amended order from the Supreme Court, Westchester County, which granted the defendants' motion to dismiss their complaint for breach of contract and denied their cross motion to amend the complaint. The plaintiffs, who are police officers, contended that a collective bargaining agreement (CBA) entitled them to benefits equivalent to those provided by the Workers' Compensation Law upon retirement for loss of earning capacity, after receiving disability benefits under General Municipal Law § 207-c. The defendants, County of Westchester et al., argued the CBA was silent on such awards. The Appellate Division, Second Department, affirmed the Supreme Court's decision, finding that the plaintiffs failed to identify a specific CBA provision supporting their claim and that their proposed amendment was palpably insufficient and devoid of merit.

Breach of ContractCollective Bargaining AgreementDisability BenefitsWorkers' Compensation LawGeneral Municipal LawDismissal of ComplaintLeave to AmendAppellate ReviewCounty GovernmentPolice Officers
References
9
Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. 2024 NY Slip Op 03080 [228 AD3d 426]
Regular Panel Decision
Jun 06, 2024

DiMaggio v. Port Auth. of N.Y. & N.J.

Plaintiffs Salvatore DiMaggio et al. alleged that Salvatore was struck in the face by a metal rod during a construction project, resulting in injuries to his face, head, and spine, as well as aggravation of prior asymptomatic conditions. Defendants Port Authority of New York and New Jersey et al. subsequently sought authorizations for records related to 19 prior incidents involving an individual named "Salvatore DiMaggio" and moved to compel discovery or dismiss the case. The Supreme Court initially granted defendants' motion to the extent of compelling plaintiffs to provide a Jackson affidavit and authorizations. However, the Appellate Division modified this order, ruling that the requirement for a Jackson affidavit was improper, as that procedure applies when documents are claimed to be missing, not when seeking authorizations from third parties, and CPLR 3130 prohibits interrogatories upon a party served with a demand for a bill of particulars. The Appellate Division affirmed the compulsion for plaintiffs to provide authorizations for records related to claims made by Salvatore and incidents in which he was involved, given his acknowledgement of involvement in some prior incidents and failure to timely object to the demands. The court further limited the scope of these authorizations to records relating to injuries to or treatment of Salvatore DiMaggio's face, mouth, head, cervical spine, and/or thoracolumbar spine, due to the nature of the alleged injuries and the principle that general anxiety/depression from physical injuries does not place entire mental health into contention, while allowing them to be unrestricted by date due to allegations of exacerbated preexisting injuries.

DiscoveryAuthorizationsMedical RecordsPreexisting InjuriesJackson AffidavitCPLR 3126CPLR 3130Waiver of ObjectionAppellate ProcedurePersonal Injury
References
11
Case No. 2024 NY Slip Op 03999 [229 AD3d 1307]
Regular Panel Decision
Jul 26, 2024

Bates v. Gannett Co., Inc.

Plaintiffs, including Richard L. Bates, Francis L. Goodsell et al., and Ballard Tackett et al., appealed an order from the Supreme Court, Monroe County, which had granted defendant Gannett Co., Inc.'s motion to stay their Child Victims Act (CVA) actions and refer the claims to the Workers' Compensation Board. The plaintiffs are seeking damages for sexual abuse by a supervisor during their employment in the 1980s. The Supreme Court had also held the plaintiffs' cross-motions to amend their complaints in abeyance. The Appellate Division, Fourth Department, reversed this order, holding that questions concerning the CVA's revival of time-barred workers' compensation claims and the limitation of plaintiffs to such benefits are matters of pure statutory interpretation and law, falling within the court's jurisdiction, not the Workers' Compensation Board's primary jurisdiction. The Appellate Division denied the defendant's motion and remitted the matter to the Supreme Court for further proceedings on these legal questions and to rule on the plaintiffs' cross-motions to amend their complaints.

Child Victims ActSexual AbuseWorkers' CompensationScope of EmploymentPrimary JurisdictionStatutory InterpretationAppellate ReviewRemittalPleading AmendmentCourt Jurisdiction
References
11
Case No. 2015 NY Slip Op 05129
Regular Panel Decision
Jun 16, 2015

Ansah v. A.W.I. Security & Investigation, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County. The underlying action was a putative class action filed by security and fire safety workers, Samuel Ansah et al., against A.W.I. Security & Investigation, Inc., and affiliated entities. Plaintiffs sought recovery for prevailing wages, supplemental benefits, and overtime pay for work on public construction projects. The Supreme Court had denied defendants' cross-motion for summary judgment as premature, citing the need for production of relevant public work contracts and conflicting affidavits. The Appellate Division upheld this decision, also rejecting defendants' unpreserved argument for arbitration, stating that nonsignatories are generally not bound by arbitration agreements.

Summary judgmentclass actionprevailing wagessupplemental benefitsovertime paypublic construction projectsarbitration agreementnonsignatoriesCPLR 3212 [f]Appellate Division
References
2
Case No. 2022 NY Slip Op 02620
Regular Panel Decision
Apr 21, 2022

Grigoryan v. 108 Chambers St. Owner, LLC

The plaintiffs, Vitaliy Grigoryan et al., appealed an order from the Supreme Court, New York County, which denied their motion for summary judgment on liability against defendants 108 Chambers Street Owner, LLC and Ross & Associates, LLC under Labor Law § 240 (1). The case involved plaintiff Vitaliy Grigoryan sustaining injuries when a 300-500+ pound unsecured fire pump fell on his leg. The Appellate Division, First Department, reversed the lower court's decision, granting the plaintiffs' motion for summary judgment. The appellate court found that Labor Law § 240 (1) was violated because the heavy fire pump, capable of generating significant force, should have been secured against falling. They further clarified that it was irrelevant whether the object related to the plaintiff's direct work and that the hazard of the unsecured pump toppling was a foreseeable harm requiring protection.

Labor Law § 240 (1)Summary JudgmentGravity Related InjuryUnsecured ObjectConstruction AccidentWorkplace SafetyAppellate ReviewLiabilityFalling ObjectForeseeability
References
7
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