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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 04947 [173 AD3d 1035]
Regular Panel Decision
Jun 19, 2019

Matter of Piller v. Eisner

This case involves an appeal where Abraham Piller sought to vacate an arbitration award against Abraham Eisner. The dispute originated from a nominee agreement for real property development and a subsequent settlement agreement which stipulated arbitration. Piller alleged arbitrator bias, misconduct, and that the award exceeded the scope of the arbitration agreement and was not final. The Supreme Court, Kings County, denied the petition and confirmed the award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, ruling that Piller failed to provide clear and convincing evidence of impropriety, and that the arbitrator did not exceed their authority or fail to render a definite and final award.

arbitrationCPLR 7511vacatur of awardappellate reviewjudicial reviewarbitrator misconductreal estate disputenominee agreementsettlement agreementfinal award
References
21
Case No. MISSING
Regular Panel Decision

Abraham & Straus, Inc. v. International Union of Operating Engineers, Local Union No. 30

Abraham & Straus (A&S) sought a preliminary injunction against defendant Local 30 to stop picketing and job actions concerning engineer and mechanic staffing at a new Roosevelt Field store. A&S argued these actions violated their collective bargaining agreement's no-strike and arbitration clauses. Local 30 contended the dispute was purely representational, not arbitrable, and that Boys Markets relief did not apply to picketing alone. The court found the dispute arbitrable due to the broad arbitration clause and the union's previous intent to arbitrate. It also determined that Boys Markets injunctions could cover picketing, especially when it caused work stoppages, ultimately granting A&S's request and ordering arbitration.

Labor DisputePreliminary InjunctionCollective Bargaining AgreementArbitration ClauseNo-Strike ClausePicketingWork StoppageBoys Markets ExceptionLabor Management Relations ActFederal Court Jurisdiction
References
14
Case No. MISSING
Regular Panel Decision

Abraham Natural Foods Corp. v. Mount Vernon Fire Insurance

Plaintiff Abraham Natural Foods Corp. initiated an action seeking a declaration that Mount Vernon Fire Insurance Company was obligated to indemnify and defend it in a wrongful death suit. The case was removed to federal court based on diversity jurisdiction. Plaintiff later amended its complaint to add several non-diverse defendants, including Modern Insurance Agency and Ok Z. Kim. Defendants moved to dismiss for lack of subject matter jurisdiction, arguing that the joinder of non-diverse parties destroyed diversity. Plaintiff cross-moved to remand the case to state court. The Court denied the motion to dismiss and granted the motion to remand, finding that the joinder of Modern was permissible under Rule 20 and legitimate, thus requiring remand under 28 U.S.C. § 1447(e).

Diversity JurisdictionSubject Matter JurisdictionRemand to State CourtMotion to DismissJoinder of PartiesPermissive JoinderFederal Rules of Civil Procedure28 U.S.C. § 1447(e)Insurance LitigationBroker Malpractice
References
18
Case No. MISSING
Regular Panel Decision

Abraham v. American Home Mortgage Servicing, Inc.

Plaintiffs, a group of several hundred current and former homeowners, brought an action against several dozen mortgage originators and servicers, alleging various claims including fraud, misrepresentation, unlawful trade practices, breach of contract, negligence, and slander of title, primarily related to inflated appraisals and the Mortgage Electronic Registration Systems (MERS) system. Defendants filed motions to sever and dismiss. The Court granted the defendants' motion to sever, dismissing all plaintiffs except the first-named plaintiff, Leela Abraham, without prejudice due to misjoinder under Rule 20 of the Federal Rules of Civil Procedure. The Court then found that Ms. Abraham failed to state a claim under Rule 12(b)(6) for all her asserted causes of action, citing lack of specificity for fraud-based claims, failure to plead activity in New York for GBL § 349 claims, inadequate contract terms for breach of contract, and other deficiencies. Consequently, all of Ms. Abraham's claims were dismissed in their entirety. The Court also denied the plaintiffs' motion to file a third amended complaint, concluding that the proposed amendments would be futile.

Mortgage LitigationHomeowner ClaimsFraudulent AppraisalsMERS SystemMisjoinderRule 12(b)(6) DismissalFailure to State a ClaimMotion to SeverAmended Complaint FutilityClass Action Fairness Act (CAFA)
References
54
Case No. ADJ3383603 (VNO 0401532)
Regular
Jul 14, 2010

Abraham Burke vs. Mansur Industries, Inc., St. Paul Travelers

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that terminated Abraham Burke's temporary disability benefits. The Board found that Burke's delay in deciding to undergo complex cervical surgery was reasonable given the severity of his condition and the need for multiple expert opinions. Consequently, Burke was found to continue to be temporarily totally disabled pending his recovery from the surgery, and the defendant's petition to terminate benefits was denied.

Temporary disabilityReconsiderationFindings and AwardAgreed Medical Examinersurgical interventioncervical spinefusionhardware removalkyphotic deformityplastic surgeon
References
0
Case No. ADJ8128134
Regular
Nov 06, 2014

ABRAHAM MERCADO vs. SUPER KING MARKETS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves Abraham Mercado's workers' compensation claim against Super King Markets and its insurer. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Mercado's Petition for Reconsideration. The dismissal was based on the grounds that the petition was filed untimely. The WCAB adopted the findings of the administrative law judge's Report and Recommendation.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyDismissalSuper King MarketsCalifornia Insurance Guarantee AssociationSedgwick Claims Management ServicesUllico Insurance CompanyLiquidationAdministrative Law Judge
References
0
Case No. ADJ13385386
Regular
Nov 17, 2020

ABRAHAM BERNAL vs. NIAGARA BOTTLING, LLC, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the original decision regarding applicant Abraham Bernal's average weekly wage. The WCAB found the prior calculation of $\$1,383.39$ per week was erroneous as it diluted the applicant's earning capacity by using a lower hourly wage than his rate at the time of injury. The Board recalculated the average weekly wage based on actual hours worked, including overtime and holiday pay, at the applicant's established $\$27.00$ per hour rate. This resulted in an amended average weekly wage of $\$1,414.26$, increasing the temporary disability indemnity rate to $\$942.84$ per week.

ADJ13385386NIAGARA BOTTLING LLCSAFETY NATIONAL CASUALTY COMPANYVan Nuys District OfficePETITION FOR RECONSIDERATIONAVERAGE WEEKLY WAGESTEMPORARY DISABILITY INDEMNITYLABOR CODE § 4453(c)EARNING CAPACITYREGULAR WAGE
References
2
Case No. ADJ7560893
Regular
May 20, 2013

ABRAHAM AVILA vs. C AND Y INVESTMENT, dba GIRL TALK CLOTHING, FARMERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Abraham Avila. The WCAB noted that Avila's petition for reconsideration was not verified as required by statute, a defect that was pointed out by the WCJ but not cured by the applicant. Despite the procedural defect, the WCAB chose not to dismiss the petition and instead returned the matter to the trial level for further proceedings. This action was taken to allow the WCJ to address the issues under Code of Civil Procedure section 473.

Lucena v. Diablo Auto BodyLabor Code section 5902verification defectabuse of the workers' compensation systemCode of Civil Procedure section 473Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind Dismissal
References
3
Case No. ADJ8284163
Regular
Sep 09, 2014

ABRAHAM ROMERO vs. NESTLE USA, INC., AMERICAN HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Abraham Romero's Petition for Reconsideration because it was not filed from a final order determining substantive rights or liabilities. The Board also denied his petition for removal, finding no showing of substantial prejudice or irreparable harm. Interlocutory procedural or evidentiary decisions are not subject to reconsideration. Therefore, the petition was dismissed and removal denied.

Petition for ReconsiderationFinal OrderInterlocutory DecisionSubstantive RightRemovalSubstantial PrejudiceIrreparable HarmInadequate RemedyWorkers' Compensation Appeals BoardNestle USA
References
9
Case No. 2016 NY Slip Op 04714 [140 AD3d 958]
Regular Panel Decision
Jun 15, 2016

Matter of Klein v. Pereira

This case involves a proceeding initiated by Abraham Klein to confirm an arbitration award dated March 31, 2009. John S. Pereira, as Bankruptcy Trustee for the Bankruptcy Estate of Christine Persaud, appealed an order from the Supreme Court, Kings County, which granted the petition to confirm the award and denied his motion to vacate it. The Appellate Division, Second Department, affirmed the order, concluding that the appellant failed to demonstrate by clear and convincing evidence that the arbitrator had exceeded their power. The court noted that the arbitration clause was broad, granting the arbitrator authority to resolve 'any business dispute.'

arbitration awardCPLR article 75vacate arbitrationconfirm arbitrationarbitrator's powerappellate reviewKings Countybusiness disputebankruptcy trusteeagreement terms
References
5
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