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

Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Amstar Corp. v. United Sugar Workers Local 9

In this action under Section 301 of the Labor Management Relations Act, the plaintiff, a Delaware corporation operating a sugar refinery in Brooklyn, sought a preliminary injunction to restrain the defendant union from striking in violation of a collective bargaining agreement. The union engaged in a two-day walkout, asserting the plaintiff breached a 'no reprisal' commitment made during contract negotiations. The court found a binding agreement in effect that mandated arbitration for disputes and included a 'no-strike' clause. The union's attempt to rescind the contract was rejected. The court concluded that the dispute was arbitrable and that injunctive relief was warranted under equitable principles to preserve the integrity of the arbitration process and prevent further injury. The application for a preliminary injunction was granted, restraining future strikes related to the dispute and directing the parties to submit the matter to arbitration.

Labor Management Relations ActNorris-LaGuardia ActPreliminary InjunctionCollective Bargaining AgreementNo-Strike ClauseArbitrationUnion DisputeContract InterpretationIrreparable InjuryMootness
References
14
Case No. MISSING
Regular Panel Decision
Mar 29, 1978

Town of Huntington v. Public Employment Relations Board

This proceeding, pursuant to CPLR article 78, reviews a determination by the Public Employment Relations Board (PERB) dated March 29, 1978. PERB had certified Local 342, Long Island Public Service Employees as the representative for a unit of workers employed by the Town of Huntington. The court confirmed the determination and dismissed the proceeding on the merits. The decision noted that substantial evidence supported PERB's designation of a negotiating unit for 53 blue-collar employees and the senior beach manager. The court found a rational basis for PERB's determination, reflecting careful consideration of appropriate factors.

Public EmploymentCollective BargainingEmployee RepresentationLabor RelationsPERBNegotiating UnitBlue-collar employeesJudicial ReviewAdministrative LawGovernment Employees
References
1
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. MISSING
Regular Panel Decision

Highland Capital Management, L.P. v. Schneider

Plaintiff Highland Capital Management, L.P. initiated an action against Leonard Schneider, Leslie Schneider, Scott Schneider, Susan Schneider (the 'Schneiders'), and Jenkens & Gilchrist Parker Chapin LLP (JGPC) for breach of contract and tortious interference related to a promissory note transaction. The defendants moved in limine to exclude the testimony of Highland's proposed expert witness, Sean F. O’Shea. The court granted the defendants' motion, ruling O’Shea’s testimony inadmissible. The judge found that O'Shea's report contained improper legal conclusions, factual narratives without personal knowledge, speculation on parties' intent, and irrelevant predictions about criminal prosecution. Additionally, Highland's requests to defer the motion or to supplement the expert report were denied.

Breach of ContractTortious InterferencePromissory NotesSecurities FraudInsider TradingExpert TestimonyMotion in LimineAdmissibility of EvidenceFederal Rules of EvidenceDaubert Standard
References
39
Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision

Claim of Hercules v. United Artists Communications, Inc.

The claimant appealed a decision by the Workers’ Compensation Board, filed June 20, 1988, which ruled that the claimant did not sustain a causally related disability. The Board had found the claimant's initial claim for a right knee injury, sustained in September 1982, barred by Workers’ Compensation Law § 28 due to late filing in November 1984. Regarding a second claim for injuries sustained on October 11, 1983, the Board determined only the right shoulder injury was causally related to the work accident, denying a causally related disability for other injuries. The appellate court affirmed the Board’s decision, rejecting the claimant's arguments that the Board's findings lacked substantial evidence, failed to consider all relevant evidence, or erred in denying requests for reopening and reconsideration. The court concluded that the Board's factual findings were supported by substantial evidence and its discretionary denials were not arbitrary or capricious.

Workers' CompensationAppealDisabilityCausal RelationshipStatute of LimitationsEvidenceCredibilityJudicial DiscretionKnee InjuryShoulder Injury
References
3
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