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

Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. 2018 NY Slip Op 01255 [158 AD3d 565]
Regular Panel Decision
Feb 22, 2018

Pena v. Jane H. Goldman Residuary Trust No. 1

Juan Pena, an injured worker, sued Jane H. Goldman Residuary Trust Number 1 and Sol Goldman Investments, LLC (SGI) under Labor Law § 240 (1) after sustaining injuries from a fall off an unsecured and wobbling ladder. The Supreme Court, Bronx County, initially granted Pena partial summary judgment on the issue of liability against SGI. SGI appealed this decision. The Appellate Division, First Department, affirmed the lower court's ruling, finding that Pena's deposition testimony sufficiently established his entitlement to judgment as a matter of law. The court concluded that SGI failed to raise a triable issue of fact, particularly regarding the provision of adequate safety devices or whether Pena was the sole proximate cause of the accident.

Summary judgmentLabor Law § 240(1)Ladder accidentUnsecured ladderFall from heightConstruction site accidentAppellate decisionPrima facie caseTriable issue of factProximate cause
References
4
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. 2019 NY Slip Op 00341 [168 AD3d 1257]
Regular Panel Decision
Jan 17, 2019

Archer-Vail v. LHV Precast Inc.

Plaintiff, as administrator of the deceased's estate, filed suit after her spouse died from injuries sustained when a bridge form fell on him during employment. The Supreme Court partially granted defendants' motion to dismiss claims under Labor Law §§ 240 (1) and 241 (6) and a common-law claim for permanent loss of consortium, while denying a full dismissal based on pleading deficiencies and a dismissal for lack of personal jurisdiction against one defendant. The Appellate Division affirmed the Supreme Court's order, ruling that the complaint adequately stated cognizable claims despite its length. The court also upheld the dismissal of the Labor Law §§ 240 (1) and 241 (6) claims, finding the decedent's work was not construction-related as defined by the statutes. Furthermore, the denial of dismissal for lack of personal jurisdiction over Spillman Company, pending further discovery, was affirmed.

Construction AccidentWrongful DeathNegligenceLabor Law §§ 240 (1) and 241 (6) DismissalPleading RequirementsCPLR 3013CPLR 3014Personal JurisdictionLong-Arm StatuteCPLR 302 (a) (3)
References
34
Case No. 2019 NY Slip Op 05370 [174 AD3d 1026]
Regular Panel Decision
Jul 03, 2019

Matter of Rexford v. Gould Erectors & Riggers, Inc.

The case involves an appeal from a Workers' Compensation Board decision regarding liability for death benefits. The decedent suffered heart attacks in 1987 and 1991, with liability for his workers' compensation claim transferring to the Special Fund for Reopened Cases in 1997. Following his death in 2016, his administrator sought death benefits, alleging the 1987 heart attack contributed to his demise. A WCLJ and subsequently the Workers' Compensation Board ruled that the State Insurance Fund was the proper carrier, citing American Economy Ins. Co. v State of New York and Workers' Compensation Law § 25-a (1-a), thereby absolving the Special Fund. The carrier appealed, arguing that Matter of Misquitta v Getty Petroleum should control. The Appellate Division, Third Department, reversed the Board's decision, confirming that the Special Fund is liable for consequential death claims if liability was transferred before January 1, 2014, as in this case.

Workers' CompensationDeath BenefitsSpecial Fund for Reopened CasesHeart AttackCausally Related DeathLiability TransferAppellate DivisionThird DepartmentJudiciary LawWorkers' Compensation Law § 25-a
References
3
Case No. MISSING
Regular Panel Decision

Banton v. New York City Department of Corrections

Claimant's counsel filed a claim for workers' compensation benefits after the claimant was injured. Counsel sought a change of venue, citing a purported "Board Rule 10.01 (1) (c)" which the Workers’ Compensation Board found to be non-existent. The Workers’ Compensation Law Judge denied the request and assessed penalties against counsel under Workers’ Compensation Law § 114-a (3) (i) and (ii). On administrative appeal, the Board rescinded the penalty under § 114-a (3) (i) but increased the penalty under § 114-a (3) (ii) due to the appeal lacking reasonable basis. The court affirmed the Board's decision, noting that counsel had been previously warned about citing the inaccurate "Board Rule" and that clarification on venue application rules was available before the administrative appeal was filed.

Attorney MisconductVenue ChangeMonetary PenaltyWorkers' Compensation BoardAdministrative AppealSubstantial EvidenceLegal TreatiseProcedural MotionUnreasonable GroundsAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Filippi v. Elmont Union Free School District Board of Education

Plaintiff Karen Filippi filed an employment discrimination and retaliation lawsuit against her employer, the Elmont Union Free School District Board of Education, Superintendent Al Harper, and administrator Robert Geras. Defendants moved to disqualify plaintiff's counsel, the Law Offices of Steven A. Morelli and Eric Tilton, due to a conflict of interest. An associate at the Morelli Firm, Lorraine Ferrigno, also serves as the Vice President of the defendant Board of Education. The Court found a clear and unwaivable conflict of interest under New York State Rules of Professional Conduct Rule 1.7 and Rule 1.11, as Ferrigno had a fiduciary duty to the Board and personally received letters regarding Filippi's claims. Despite screening measures, the Court deemed them insufficient in the small, six-lawyer firm and concluded the conflict was non-waivable. The motion to disqualify both the Morelli Firm and Eric Tilton, due to his close affiliation, was granted.

Employment DiscriminationRetaliationConflict of InterestAttorney DisqualificationFiduciary DutyProfessional EthicsNew York State Rules of Professional ConductJudicial DiscretionSmall Law FirmScreening Procedures
References
34
Case No. MISSING
Regular Panel Decision
Aug 24, 1990

Public Administrator v. Trump Village Construction Corp.

The plaintiff's decedent, an employee of subcontractor Crown Plastering Corp., suffered fatal injuries after falling from scaffolding during a renovation project. The court affirmed an order that granted partial summary judgment to the plaintiff Public Administrator regarding the liability of general contractor Charles Construction Corp. under Labor Law § 240 (1). It also affirmed partial summary judgment for property owner Trump Village Construction Corp. and lessee Manufacturers Hanover Trust Co. against Charles Construction Corp. for common-law indemnity, finding their liability vicarious. Charles Construction Corp.'s motion for summary judgment against subcontractor Crown Plastering Corp. was denied due to unresolved factual issues regarding comparative fault.

Summary JudgmentLabor Law § 240(1)Scaffolding AccidentWorker FallVicarious LiabilityCommon-Law IndemnityGeneral ContractorSubcontractor LiabilityProximate CauseAppellate Affirmation
References
11
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