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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

Rosas v. Alice's Tea Cup, LLC

This Memorandum and Order addresses motions in a labor dispute brought by current and former employees against Alice’s Tea Cup, LLC and related entities, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs sought a protective order to prevent discovery into their immigration status, tax returns, and current employers, arguing irrelevance and undue prejudice. The court granted the protective order, finding this information irrelevant to wage claims and emphasizing the potential for intimidation. The court also granted the plaintiffs leave to amend their complaint to add Lauren Fox as a defendant, Teofilio Toribio as an opt-in plaintiff, and to remove class action allegations.

FLSANYLLWage and HourOvertimeProtective OrderDiscoveryImmigration StatusTax ReturnsCurrent EmployerLeave to Amend
References
42
Case No. MISSING
Regular Panel Decision
May 24, 1993

Girardin v. Town of Hempstead

The plaintiffs appealed an order from the Supreme Court, Nassau County, dated May 24, 1993. This order granted the defendants' motion to amend their answers to include the affirmative defense of res judicata and subsequently dismissed the complaint. The appellate court affirmed this decision, finding that the Supreme Court did not improvidently exercise its discretion in granting leave to amend. The appellate court noted that the defense of res judicata was not available at the time of joinder of issue, as Workers’ Compensation determinations were still pending. The delay in filing the motion to amend after these determinations was not considered excessive. The plaintiffs' claim of prejudice due to the delay was rejected, as they had the opportunity to appeal the Workers’ Compensation determinations but chose not to.

Personal InjuriesRes JudicataCPLR 3025(b)Leave to AmendAffirmative DefenseDismissal of ComplaintAppellate ReviewJudicial DiscretionPrejudiceSupreme Court
References
5
Case No. MISSING
Regular Panel Decision

Amalgamated Service & Allied Industries Joint Board v. Supreme Hand Laundry, Inc.

Plaintiffs, a joint board representing workers, sued several laundry businesses for violations of the Worker Adjustment and Retraining Notification (WARN) Act, alleging that the defendants constituted a single employer and failed to provide proper notice of termination. The court granted the plaintiffs' motion for a default judgment against the 'Karten defendants' (Supreme Hand Laundry, Inc. and related entities) due to their failure to secure legal representation after their original counsel was disqualified. The court also denied defendant 2350 Fifth Avenue Corp.'s belated motion to amend its answer to assert a 'good faith' defense under the WARN Act, citing undue delay, potential prejudice to plaintiffs, and futility. Final judgment was entered against the Karten defendants for over $600,000, including attorneys' fees, and other defendants were dismissed by agreement or order.

WARN ActDefault JudgmentRule 54(b) CertificationGood Faith DefenseCorporate VeilAttorney DisqualificationStatutory DamagesBack PayMass LayoffPlant Closing
References
9
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Mar 01, 2011

Tptcc Ny, Inc. v. Radiation Therapy Services, Inc.

Plaintiffs TPTCC NY, Inc., The Proton Institute of New York, LLC, and N.Y. Medscan LLC sued defendants Norton Travis, Radiation Therapy Services Inc. (RTSI), Oppenheimer & Co., Inc., Cicero Consulting Associates VCC, Inc., New York Proton Management LLC (NYPC), Radiation Therapy Services Holdings, Inc., and 21st Century Oncology, LLC. Plaintiffs alleged federal antitrust, federal copyright, and various New York state law claims, contending a conspiracy to exclude them from the New York City market for Proton Beam Therapy (PBT) services and misappropriation of their business plan. The court dismissed the antitrust claims, applying the Noerr-Pennington doctrine and finding a lack of antitrust injury. Copyright claims were dismissed because the business plan lacked creativity for copyright protection and was jointly authored. State law claims, including breach of joint venture, unjust enrichment, misappropriation of trade secrets, unfair competition, tortious interference, breach of fiduciary duty, and breach of contract, were also dismissed due to various legal deficiencies, such as the absence of a joint venture, the public disclosure of alleged trade secrets, and the lack of a fiduciary relationship. The court reaffirmed its order granting defendants' motions and dismissed the Amended Complaint in its entirety with prejudice, directing entry of final judgment for the defendants.

Antitrust LawCopyright LawTrade SecretsUnfair CompetitionFiduciary DutyBreach of ContractJoint VentureNoerr-Pennington DoctrineSherman ActNew York Common Law
References
57
Case No. ADJ3776569 (LAO 0771449), ADJ3927273 (LAO 0771450)
Regular
May 14, 2025

MARIA MARTINEZ vs. BOSS FASHIONS INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Lien claimant The Dental Trauma Center (DTC) sought reconsideration of an Amended Joint Findings and Order issued by a workers' compensation administrative law judge. The Workers' Compensation Appeals Board granted reconsideration to review the legal and factual issues. Subsequently, the parties resolved DTC's lien through a stipulation during a commissioners' settlement conference. The Board approved this stipulation and, as a result, rescinded the earlier Amended Joint Findings and Order.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationLiquidationReconsiderationLien ClaimantStipulationApprovedRescindedAmended Joint Findings and OrderCommissioner's Settlement Conference
References
0
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. MISSING
Regular Panel Decision

Wyso v. City of New York

In a wrongful death action, plaintiffs appealed an order from the Supreme Court, Queens County, which permitted the defendant to amend its answer. The amendment sought to add an affirmative defense asserting the exclusive remedy of workers’ compensation. The defendant’s motion to amend was granted approximately three years after the initial answer was served. The court affirmed the lower court's decision, finding no abuse of discretion. It reasoned that the plaintiffs were aware of the decedent's employment status and thus could not claim surprise or prejudice. The court also clarified that the workers' compensation defense is only waived if not raised until final disposition, concluding that the defendant’s alleged delay did not preclude the amendment.

Wrongful Death ActionWorkers' Compensation DefenseAmendment of PleadingsAffirmative DefenseCPLR 3025CPLR 3205PrejudiceLachesWaiverAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

In Re Raggie

Severius Raggie, a debtor, filed for Chapter 13 bankruptcy in January 2006, which was subsequently dismissed in February 2006 due to his failure to comply with credit counseling requirements and other obligations. In January 2008, Raggie moved to amend his Schedule B and Statement of Financial Affairs to include a personal injury claim against CVP # 1, LLC et al. This motion was prompted by the defendants' attempt in state court to dismiss the personal injury action because it was not listed in Raggie's bankruptcy petition. The court addressed the core issue of whether a dismissed bankruptcy case, as opposed to a closed one, precludes a debtor's right to amend schedules under Bankruptcy Rule 1009(a). The court concluded that 'closed' under § 350 and Rule 1009 does not encompass 'dismissed,' thereby maintaining Raggie's right to amend. Finding no evidence of bad faith, fraud, or prejudice to creditors, the court granted Raggie's motion to amend his schedules, rendering the motion to vacate the dismissal order moot.

Bankruptcy LawChapter 13Schedule B AmendmentDismissed CaseClosed Case DistinctionPersonal Injury ClaimDebtor's RightsFederal Rules of Bankruptcy ProcedureBad FaithCreditor Prejudice
References
17
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