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Case Law Database

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

Case No. 2021 NY Slip Op 01018 [191 AD3d 548]
Regular Panel Decision
Feb 16, 2021

Matter of Tenants United Fighting for the Lower E. Side v. City of New York Dept. of City Planning

The Appellate Division reversed a lower court order that had annulled approvals by the New York City Planning Commission (CPC) for new building constructions. The Supreme Court had initially granted petitions from Tenants United Fighting for the Lower East Side and Lower East Side Organized Neighbors. The appellate court held that the Supreme Court should have deferred to the CPC's reasonable interpretation of the New York City Zoning Resolution (ZR). Specifically, the Appellate Division clarified that ZR § 78-043's requirement for findings as a condition precedent only applies to modifications granted by special permit or authorization, not to other types of modifications to large-scale residential developments. Consequently, the petitions were denied and the proceedings dismissed.

Zoning ResolutionLarge-Scale Residential DevelopmentCity Planning CommissionAdministrative LawAppellate ReviewJudicial DeferenceStatutory InterpretationArticle 78 ProceedingNYC ZoningUrban Planning
References
7
Case No. 05-16-00784-CV
Regular Panel Decision
Jun 07, 2018

Tonya Parks and Parks Realty Firm, LLC v. Affiliated Bank, Affiliated Bank FSB, Affiliated Bank, Inc., Bancaffiliated, Inc., Joshua Campbell, Katherine Campbell

The appellant, Tonya Parks and Parks Realty Firm, LLC, files a motion for en banc reconsideration and modification of the Fifth District Court of Appeals' May 3, 2018, memorandum opinion which dismissed their appeal. The appellant contends the appellate court erred by dismissing the appeal and affirming the trial court's decision, arguing that the original settlement agreement was coerced and made under duress due to judicial misconduct, conflicts of interest, and misrepresentation of civil procedure rules. The motion details alleged improprieties by trial court judges (Judge Sally Montgomery, Judge Ted Akin) and defense attorneys, including ex parte communications, false statements about legal procedures, and an unsafe court environment. The appellant seeks to reverse the lower court's findings and orders, including the dismissal of their claims against Affiliated Bank and the Campbells, and to obtain a fair trial and damages for defamation and other harms.

Appellate ProcedureMotion for ReconsiderationJudicial MisconductCoercion and DuressRule 11 AgreementTexas Citizens Participation Act (TCPA)Conflict of InterestLegal EthicsDefamationDismissal of Appeal
References
47
Case No. 2021 NY Slip Op 02248
Regular Panel Decision
Apr 13, 2021

Matter of Anthony L. v. Bernadette R.

The Appellate Division, First Department, affirmed an order from Family Court that upheld a Support Magistrate's findings. The Support Magistrate had found that the respondent mother substantiated her reasonable childcare expenses and declined to credit the petitioner father for alleged overpayments for health insurance premiums predating his modification petition. The Appellate Division gave deference to the Support Magistrate's assessment of the mother's credibility regarding her job search and childcare costs while parenting a special needs child. It also reiterated that modifications to child support orders are effective only from the date of filing the modification petition.

Child supportChildcare expensesHealth insurance premiumsDownward modificationSupport MagistrateCredibility findingsLaw of the case doctrineEvidentiary rulingsRetroactive modificationFamily Court Act
References
4
Case No. 04-10-00802-CV
Regular Panel Decision
Feb 08, 2012

Callaghan Ranch, Ltd (Appellant/Cross Appellee) v. David Killam (Appellee/Cross Appellant)

Callaghan Ranch, Ltd. appealed the denial of its motion for judgment notwithstanding the verdict, challenging a jury's finding that a disputed portion of San Ygnacio Road was not impliedly dedicated to the public. The Ranch had sought a declaratory judgment to affirm the road's public status. Concurrently, the Killams, as appellees and cross-appellants, contested the trial court's refusal to award attorney's fees. The appellate court upheld the lower court's decision, concluding that Callaghan Ranch failed to conclusively prove implied dedication due to disputed evidence. Furthermore, the court found no abuse of discretion in the denial of attorney's fees, citing that both parties had legitimate interests to pursue.

Implied DedicationDeclaratory JudgmentJudgment Notwithstanding VerdictPublic RoadPrivate RoadAttorney's FeesAppellate ReviewSufficiency of EvidenceProperty RightsTexas Law
References
32
Case No. 2018 NY Slip Op 06625
Regular Panel Decision
Oct 04, 2018

Matter of Kenneth J. v. Lesley B.

The Appellate Division, First Department, reversed a Family Court order that suspended all visitation and contact between a father, Kenneth J., and his child. The Family Court had granted summary judgment to the mother, Lesley B., without a hearing. The Appellate Division found this improper, emphasizing that modification of custody or visitation requires a hearing, except in emergencies. The court further ruled that the Family Court improperly considered unsworn, uncertified, and hearsay reports and letters from mental health services and therapists, which were inadmissible and did not justify the drastic measure of suspending parental contact. The matter was remanded, and the father's petitions for enforcement and modification were restored, along with the mother's petition.

Family LawCustodyVisitationSummary JudgmentDue ProcessIn Camera InterviewAdmissibility of EvidenceHearsayForensic EvaluationChild's Best Interests
References
6
Case No. 2020 NY Slip Op 01410 [180 AD3d 1259]
Regular Panel Decision
Feb 27, 2020

Matter of Isabella I. (Ronald I.)

The father appealed two Family Court orders concerning child abuse and custody modification. The Appellate Division affirmed the finding that the child was abused by the father, citing consistent out-of-court statements from the child, corroborated by expert testimony from a social worker and observable changes in the child's behavior. The court also noted a negative inference could be drawn from the father's failure to appear for DNA testing he requested. Additionally, the Appellate Division upheld the custody order, granting the mother sole legal and physical custody, determining that the abuse finding constituted a significant change in circumstances warranting a custody modification in the child's best interests. The court found no violation of the father's rights despite his absence at the custody hearing, as his counsel was present and presented arguments.

Child AbuseChild NeglectCustody ModificationSexual Abuse AllegationsExpert Witness TestimonyCorroborating EvidenceFamily Court AppealsParental Rights SuspensionBest Interests StandardAppellate Division
References
14
Case No. 01-96-01528-CV, 01-98-00409-CV, 01-98-00016-CV, 01-98-00413-CV, 01-98-00124-CV, 01-98-00103-CV, 01-97-01321-CV, 01-98-00414-CV, 01-00-00289-CV, 01-00-00288-CV, 01-98-00018-CV, 01-98-00412-CV, 01-98-00415-CV, 01-98-00410-CV, 01-98-00411-CV and 01-00-00290-CV
Regular Panel Decision
Mar 30, 2000

In Re Polybutylene Plumbing Litigation

The case addresses whether a trial judge can unilaterally modify attorneys' fee contracts in mass tort litigation outside of class action rules. Appellants, a coalition of 49 law firms, challenged a trial court's order reducing their contingent fees in a polybutylene plumbing settlement. The trial court, acting *sua sponte*, deemed the aggregate fees excessive despite the absence of fraud, fiduciary breach, or client incapacity claims. The Court of Appeals examined the applicability of general contract law, class action principles, the common fund doctrine, and inherent judicial authority. The appellate court concluded that none of these exceptions allowed for the modification of valid, fully-performed attorney-client contracts, thereby reversing the trial court's decision regarding attorneys' fees.

Attorneys' FeesContingent Fee ContractsContract LawJudicial AuthorityMass Tort LitigationPolybutylene PlumbingNot a Class ActionCommon Fund Doctrine InapplicableTexas LawAppellate Review
References
26
Case No. 2025 NY Slip Op 03130 [238 AD3d 589]
Regular Panel Decision
May 22, 2025

Empanada Fresca LLC v. 1 BK St. Corp.

Empanada Fresca LLC (tenant) and Jose Rodriguez (guarantor) appealed a Supreme Court order regarding their lease dispute with 1 BK Street Corp. (landlord), which involved claims of fraud, breach of lease, and a "good guy" guaranty. The Appellate Division affirmed the dismissal of the tenant's claims for fraudulent inducement, rescission, promissory estoppel, and breach of implied covenant, deeming them duplicative or inapplicable. However, the court modified the lower court's decision, granting summary judgment to the guarantor, Jose Rodriguez, thereby dismissing the landlord's counterclaim for breach of guaranty. This modification was based on the finding that the guarantor had substantially complied with the terms of the "good guy" guaranty, despite a three-day short notice to vacate, as the landlord suffered no prejudice. Additionally, the Appellate Division upheld the tenant's right to amend its complaint to seek consequential damages, citing public policy against parties avoiding liability for gross negligence.

Contract LawCommercial LeaseFraudulent InducementBreach of LeaseGood Guy GuarantySummary JudgmentAppellate ReviewRent AbatementPre-Existing ConditionsGas Service Interruption
References
15
Case No. 04-11-00076-CV
Regular Panel Decision
May 11, 2011

Dora Gulley (Appellant/Cross Appellee) v. State Farm Lloyds (Appellee/Cross Appellant)

Dora Gulley sued State Farm Lloyds for additional insurance benefits after foundation damage from a plumbing leak was covered under the Dwelling Foundation Endorsement, subject to a 15% limitation, while Gulley sought coverage under a Water Damage Endorsement. Both parties filed competing summary judgment motions, which the trial court denied without making a substantive ruling on which endorsement applied, but certified an interlocutory appeal. The appellate court found that the trial court erred in declining to decide the substantive legal issue presented by the competing summary judgment motions. The court clarified that section 51.014(d) of the Texas Civil Practice and Remedies Code is not a mechanism for a certified question before a substantive ruling. Thus, the decision was reversed and remanded for the trial court to make a substantive ruling.

Insurance coverageHomeowners policyFoundation damagePlumbing leakEndorsement interpretationSummary judgmentInterlocutory appealAppellate procedureTrial court errorStatutory interpretation
References
15
Case No. CAF 12-00796
Regular Panel Decision
Jun 14, 2013

COLE, HEATHER A. v. NOFRI, MICHAEL JAMES

This case concerns an appeal to the Supreme Court of New York, Appellate Division, Fourth Judicial Department, regarding a Family Court order dismissing a mother's petition for custody modification. The Appellate Division reversed the lower court's decision, finding a sufficient change in circumstances to warrant a custody modification. The court noted the parents' remarriages, additional children, and the subject child's strong desire to live with the mother due to anxiety in the father's home. Consequently, the Appellate Division granted primary physical custody to the mother and awarded visitation to the father, remitting the matter to Family Court for establishing a visitation schedule. A dissenting justice argued against overturning the original custody arrangement, emphasizing the child's young age, the father's long-standing primary custody, and the lack of expert testimony regarding the child's expressed anxieties.

custody modificationchild's best interestsappellate reviewfamily courtphysical custodyvisitation rightschange in circumstanceschild's preferenceparental remarriagechild anxiety
References
13
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