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

Case No. 2019 NY Slip Op 00061 [168 AD3d 431]
Regular Panel Decision
Jan 08, 2019

U.S. Specialty Ins. Co. v. SMI Constr. Mgt., Inc.

The U.S. Specialty Insurance Company sought summary judgment to avoid defending or indemnifying SMI Construction Management, Inc. in a personal injury lawsuit and to recoup defense costs. The Supreme Court, New York County, denied this motion, and the Appellate Division, First Department, unanimously affirmed the decision. The appellate court found that material issues of fact existed regarding whether SMI Construction Management, Inc. performed as a construction manager for a fee, which could trigger an exclusion in the insurance policy. The determination hinges on the actual duties performed by SMI, rather than merely its label, with evidence suggesting roles consistent with both a construction manager and a general contractor, including providing workers, materials, and supervision. Furthermore, the court noted that the compensation structure, which included profit and overhead, raised further questions, distinguishing the case from precedents involving flat fees. The plaintiff's claim of prejudice due to delayed notice was also deemed insufficient, and any determination regarding the primacy of coverage was considered premature.

Insurance PolicyConstruction ManagementSummary JudgmentIndemnificationDefense CostsPolicy ExclusionGeneral ContractorDuty to DefendNotice of AccidentContract Interpretation
References
5
Case No. In re U.S. Air Duct Corporation
Regular Panel Decision

Mazur v. U. S. Air Duct Corp. (In Re U. S. Air Duct Corp.)

The case involves the Sheet Metal Workers International Association, Local No. 58 (the Association) seeking to recover fringe benefits and wage supplement contributions from U.S. Air Duct Corporation (the Debtor) and its president, Franklin E. Bean (the Non-Debtor). The Association initiated an action in New York Supreme Court, which was subsequently stayed when the Debtor filed for Chapter 7 bankruptcy. The Non-Debtor removed the state-court proceeding to the Bankruptcy Court, prompting the Association to move for its remand. The Bankruptcy Court denied the Association's motion, asserting jurisdiction over the claim against the Non-Debtor based on its relation to the Title 11 case and the joint and several liability under New York Labor Law Section 198-c. The court also affirmed the permissibility of removal by "any party" under 28 U.S.C. 1478(a).

BankruptcyChapter 7RemovalRemandJurisdictionLabor LawFringe BenefitsWage SupplementsCorporate Officer LiabilityJoint and Several Liability
References
13
Case No. MISSING
Regular Panel Decision

Royal Park Investments SA/NV v. U.S. Bank National Ass'n

Royal Park Investments SA/NV sued U.S. Bank National Association regarding residential mortgage-backed securities (RMBS). U.S. Bank moved to dismiss the action or disqualify Royal Park as class representative due to Royal Park's failure to produce documents from its assignors. The court, presided over by U.S. Magistrate Judge James C. Francis IV, found Royal Park's non-compliance willful but denied U.S. Bank's motion for sanctions and disqualification. The court reasoned that U.S. Bank had not yet demonstrated sufficient prejudice to warrant such severe sanctions, indicating that dismissal would be 'unnecessarily draconian'. The motion was denied without prejudice, allowing U.S. Bank to renew its application if prejudice could be shown.

Discovery SanctionsWillfulnessPrejudiceClass ActionRMBS LitigationTrust Indenture ActBreach of ContractBreach of TrustAssignor DocumentsStanding
References
31
Case No. MISSING
Regular Panel Decision

U. S. Pillow Corp. v. McLeod

The U. S. Pillow Corporation (plaintiff) initiated legal action to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election involving its employees, as petitioned by Local 140. Although the election proceeded, the ballots were impounded. The court considered three motions: Local 140's request for intervention, U. S. Pillow's plea for an injunction to continue ballot impoundment, and the Regional Director's cross-motion to dismiss the complaint. The court granted Local 140's intervention. The core of U. S. Pillow's argument centered on alleged violations of its constitutional rights and administrative due process by the NLRB's decision to permit a single-employer unit election despite existing multi-employer agreements. The court, however, deemed the plaintiff's constitutional claims to be "transparently frivolous" and found no merit in any of its contentions. Consequently, the defendant's motion to dismiss the complaint was granted, and the plaintiff's request for an injunction pendente lite was denied.

Labor RelationsNLRBRepresentation ElectionJudicial ReviewInjunctionCollective BargainingMulti-employer UnitConstitutional RightsDue ProcessFirst Amendment
References
17
Case No. 2018 NY Slip Op 01069 [158 AD3d 703]
Regular Panel Decision
Feb 14, 2018

Matter of Bella S. (Sarah S.)

The case "Matter of Bella S. (Sarah S.)" involves an appeal from a Family Court order that found Sarah S. (mother) neglected her child, Bella S. The Administration for Children's Services had petitioned, alleging the mother's untreated bipolar disorder and other mental illnesses put the child at risk. The Family Court agreed, but the Appellate Division, Second Department, reversed this finding. The Appellate Division concluded that the petitioner failed to prove inadequate treatment or imminent harm, noting the mother's consistent efforts in seeking housing, prenatal care, methadone treatment, and psychiatric medication. Consequently, the petition against the mother was denied, and the proceeding dismissed.

Child NeglectParental RightsMental IllnessBipolar DisorderAdequate TreatmentAppellate ReviewBurden of ProofImminent DangerFamily Court ActKings County
References
8
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. MISSING
Regular Panel Decision
Dec 09, 2011

Severstal U.S. Holdings, LLC v. RG Steel, LLC

Plaintiffs Severstal U.S. Holdings, LLC and Severstal U.S. Holdings II, Inc. initiated a declaratory judgment action against RG Steel to prevent arbitration regarding a Stock Purchase Agreement (SPA). RG Steel, in response, sought to compel arbitration, appoint an arbitrator, and stay the plaintiffs' action, arguing that disputes over purchase price adjustments related to Net Working Capital calculations were arbitrable. The core dispute centered on whether 'Contested Adjustments' should be resolved through the SPA's arbitration clause, particularly those concerning GAAP consistency, or if they constituted claims for breach of representation and warranty, falling under indemnification. The court, referencing the Federal Arbitration Act's strong policy favoring arbitration, determined that the contested adjustments were indeed arbitrable, distinguishing prior cases cited by the plaintiffs. Consequently, the court granted RG Steel's motion, compelling arbitration for all contested adjustments and staying the declaratory judgment action commenced by Severstal.

Arbitration AgreementStock Purchase AgreementGAAPNet Working CapitalDeclaratory JudgmentStay of ActionFederal Arbitration ActPurchase Price AdjustmentIndemnificationContract Interpretation
References
35
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Specialty Services, Inc.

Claimant, a construction foreman for Specialty Services, Inc., was injured while performing work for a church in Pennsylvania. Although Specialty filed a work-related accident report and its carrier began paying benefits, the carrier filed a notice of controversy over seven months after the Workers' Compensation Board indexed the case, exceeding the 25-day limit. The carrier argued that the late filing was due to surprise, mistake, and newly discovered evidence regarding the church's involvement, which claimant and Specialty allegedly failed to disclose. The Workers' Compensation Board refused to excuse the late filing, finding the carrier failed to demonstrate good cause. The appellate court affirmed the Board's decision, noting that the carrier had ample time to investigate and that belatedly obtained evidence is not a sufficient ground to excuse a late filing.

Workers' CompensationLate Notice of ControversyTimely FilingEmployer-Employee RelationshipInsurance CarrierGood CausePleading BarAppellate ReviewBoard DecisionStatutory Interpretation
References
2
Case No. 2017 NY Slip Op 05774
Regular Panel Decision
Aug 30, 2017

Matter of Jessica U. (Stephanie U.)

The Chemung County Department of Social Services initiated proceedings to terminate Stephanie U.'s parental rights, alleging permanent neglect of her six children. Following a lengthy fact-finding hearing, the Family Court found five children permanently neglected, returned the oldest to the mother's care, ordered a one-year suspended judgment for two, and terminated parental rights for the three youngest children. Stephanie U. appealed this decision, challenging both the finding of permanent neglect and the termination of parental rights. The Appellate Division affirmed the Family Court's order, concluding that the Department had made diligent efforts to strengthen the parental relationship and that the mother had failed to adequately plan for her children's future. The court also determined that the termination of parental rights for the three youngest children was in their best interests, noting their stability in preadoptive homes.

Permanent NeglectParental Rights TerminationDiligent EffortsChild CustodyFamily LawAppellate ReviewBest Interests of ChildrenFoster CareSuspended JudgmentSocial Services
References
10
Case No. MISSING
Regular Panel Decision
Dec 03, 1990

In re Mary S.

This is an appeal from an order terminating a father's parental rights to his daughter, Mary S., on the grounds of permanent neglect. The Family Court found the father failed to make diligent efforts to reunite with Mary, citing non-compliance with court-ordered therapy and housing requirements, despite maintaining contact and visitation. Mary S. had a history of neglect, initially placed in foster care in 1986, and was later found to be mildly retarded, eventually bonding with the foster parents who adopted her brother. The appellate court affirmed the Family Court's decision, rejecting claims of an unfair hearing and improper testimony, emphasizing that the Department of Social Services fulfilled its duty and termination was in Mary's best interest. The decision allowed Mary S. to be freed for adoption by her foster parents.

Permanent NeglectParental Rights TerminationChild NeglectFoster CareAdoptionFamily LawSocial ServicesAppellate DecisionChild WelfareDiligent Efforts
References
4
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