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

Case No. Proof of Claim No. 149
Regular Panel Decision

In re DeWitt Rehabilitation & Nursing Center, Inc.

The Debtor, DeWitt Rehabilitation and Nursing Center, Inc., moved to expunge the priority portion of a claim filed by United Staffing Registry, Inc. The Claimant sought priority status for social security, Medicare, and unemployment payments made for temporary employees it provided, citing 11 U.S.C. § 507(a)(5). Bankruptcy Judge Allan L. Gropper analyzed the application of § 507(a)(5) in light of case precedents, including Howard Delivery Service, Inc. The Court determined that the priority under § 507(a)(5) is intended to protect contributions for a debtor's direct employees, and the temporary employees were not employees of DeWitt. Consequently, the Debtor's objection was sustained, disallowing the priority and reclassifying the entire claim as a general unsecured claim, while also denying the Debtor's request for legal fees.

Bankruptcy LawPriority ClaimsEmployee Benefit Plans11 U.S.C. § 507(a)(5)Temporary EmployeesUnsecured ClaimsIndemnificationLegal FeesClaim ExpungementStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

DAR & Associates, Inc. v. Uniforce Services, Inc.

Plaintiffs, consisting of DAR & Associates, Inc., its principals, and D.A.R. Temps, Inc., initiated a lawsuit against Uniforee Services, Inc. The core of the action sought a declaratory judgment that restrictive covenants and a liquidated damages provision in their contracts were unenforceable under New York law, alongside a breach of contract claim. In addressing cross-motions for partial summary judgment, the court found Uniforee possessed legitimate business interests warranting the protection of the restrictive covenants, deeming them reasonable in duration and geographic scope. Furthermore, the court upheld the enforceability of the liquidated damages clause, concluding that actual damages were difficult to ascertain at the time of contract and the agreed-upon sum was reasonable. Consequently, the plaintiffs' motion for partial summary judgment was denied, and the defendant's cross-motion was granted, effectively validating the contractual provisions at issue.

Restrictive CovenantsNon-compete ClauseNon-solicitation ClauseLiquidated DamagesBreach of ContractDeclaratory JudgmentSummary JudgmentFranchise AgreementLicensing AgreementUnfair Competition
References
60
Case No. 2021 NY Slip Op 01219
Regular Panel Decision
Feb 25, 2021

Robinson v. Foremost Glatt Kosher Caterers, Inc.

Plaintiff Barry Robinson initiated a class action against Foremost Glatt Kosher Caterers, Inc., alleging the company withheld mandatory gratuity charges from catering service workers in violation of Labor Law § 196-d. Foremost, in turn, filed a third-party complaint against Kensington Event Staffing, seeking indemnification. The Supreme Court denied Kensington's motion to dismiss the third-party complaint. On appeal, the Appellate Division, First Department, reversed the lower court's decision. The court granted Kensington's motion to dismiss, finding that Foremost failed to state a cause of action for implied indemnification, as there were no allegations that Kensington wrongfully withheld charges or influenced Foremost's decision to retain them.

GratuitiesWage OrderImplied IndemnificationThird-Party ComplaintMotion to DismissLabor LawAppellate ReviewCatering IndustryWorkers' Rights
References
3
Case No. Docket # 7
Regular Panel Decision

Empire Enterprises JKB, Inc. v. Union City Contractors, Inc.

This case involves a breach of contract claim by Empire Enterprises JKB, Inc. against Union City Contractors, Inc. for unpaid debris removal services, and a Miller Act claim against Union City's sureties, Nova Casualty Company and Nova American Groups, Inc. After a bench trial in January 2008, Union City filed for bankruptcy, leading to an automatic stay on claims against them. The court, however, proceeded with Empire's Miller Act claim against Nova. The primary dispute concerned the quantity of debris removed, with Empire claiming 11,470 cubic yards. The court found Empire's evidence credible and rejected Nova's fraud defense, ultimately granting judgment in favor of Empire against Nova for $84,653.63, plus prejudgment interest.

Miller Act claimPayment bondBreach of contractSurety liabilityFederal public works projectDebris removalCubic yardage disputePrejudgment interestAttorney's fees deniedFraud affirmative defense
References
29
Case No. MISSING
Regular Panel Decision

Volmar Distributors, Inc. v. New York Post Co., Inc.

Plaintiffs Volmar Distributors, Inc., Interboro Distributors, Inc. d/b/a Media Masters Distributors, and REZ Associates sued multiple defendants including The New York Post Co., Inc., Maxwell Newspapers, Inc., El Diario Associates, Pelham News Co., Inc., American Periodical Distributors, Inc., Vincent Orlando, The Newspaper and Mail Deliverer’s Union of New York and Vicinity (NMDU), and Douglas La Chance. The action alleges violations of the Sherman Antitrust Act, RICO, the New York State Donnelly Act, and state common laws, stemming from the termination of plaintiffs as newspaper distributors. The plaintiffs claim a conspiracy between Orlando (owner of Pelham and American) and La Chance (former NMDU president) to use La Chance's union influence to transfer distribution routes to Orlando's companies. Two related criminal indictments are pending: People v. La Chance and People v. NMDU. The court considered defendants' motion to stay civil discovery pending the resolution of these criminal matters. The court granted a complete stay of discovery for all defendants until the criminal proceedings against La Chance and Orlando are resolved, citing the protection of Fifth Amendment rights and the promotion of judicial efficiency by avoiding duplicative discovery.

AntitrustRICORacketeeringConspiracyCivil DiscoveryCriminal ProceedingsStay of ProceedingsFifth AmendmentSelf-IncriminationLabor Union
References
19
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. MISSING
Regular Panel Decision
Nov 28, 2005

Evans v. P.C.I. Paper Conversions, Inc.

Plaintiff, who was employed by Contemporary Personnel Staffing, Inc. and placed at P.C.I. Paper Conversions, Inc. (PCI), sustained injuries while operating an offset machine. She subsequently initiated a negligence and products liability action against PCI. PCI sought summary judgment, contending that the plaintiff was its special employee, thereby barring the action under Workers’ Compensation Law §§11 and 29. The Supreme Court denied this motion, ruling that there was a triable issue of fact concerning an agreement between Contemporary Personnel Staffing, Inc. and PCI that might have restricted PCI from employing the plaintiff in that capacity. The appellate court affirmed the Supreme Court's decision, finding no error in the lower court's conclusion.

Personal InjuryNegligenceProducts LiabilityWorkers Compensation LawSpecial Employee DoctrineSummary JudgmentAppellate ReviewEmployer LiabilityTriable Issue of FactControl over Work
References
4
Case No. 2017 NY Slip Op 06253
Regular Panel Decision
Aug 23, 2017

Ecoline, Inc. v. W.H. Peepels Co., Inc.

In a breach of contract action, the plaintiff, Ecoline, Inc., an insulation subcontractor, sought damages from defendants W.H. Peepels Company, Inc., for unpaid work on a commercial building renovation. The Supreme Court, Queens County, granted Ecoline, Inc.'s motion for summary judgment in the principal sum of $53,442.57 but limited statutory interest from May 11, 2006. On appeal, the Appellate Division, Second Department, affirmed the summary judgment in favor of Ecoline, Inc. However, the appellate court reversed the lower court's decision regarding statutory interest, determining that it should be awarded from June 12, 2001, as this was the earliest ascertainable date the cause of action existed. The Court concluded that Ecoline, Inc. met its prima facie burden for breach of contract, and the defendants failed to raise a triable issue of fact.

Breach of ContractSummary JudgmentStatutory InterestAppellate ReviewSubcontractorConstructionDamagesInvoice DisputeNew York Appellate DivisionCivil Procedure
References
8
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. MISSING
Regular Panel Decision

Brian Fay Construction, Inc. v. Morstan General Agency, Inc.

Brian Fay Construction, Inc. (plaintiff) contracted with J.E Spano and Company, agreeing to indemnify Spano. The plaintiff then instructed its insurance agents, DFW Associates, Inc. and Douglass Fenning (together DFW), and later Morstan General Agency, Inc., to add Spano as an additional insured to its general liability policy with Burlington Insurance Company. An employee of Brian Fay Construction was injured, leading to a claim against Spano and a third-party action against the plaintiff. Burlington denied coverage, citing an employee exclusion and stating there was no evidence Spano was an additional insured. The plaintiff sued the agents for failing to properly procure insurance, seeking a declaration that they were obligated to defend and indemnify. The Supreme Court granted the plaintiff's motion for summary judgment, but the appellate court reversed, finding that the plaintiff failed to prove that Burlington would have been obligated to cover the claim even if Spano had been properly named as an additional insured.

Insurance Broker LiabilityAdditional InsuredSummary JudgmentDuty to Procure InsuranceIndemnificationGeneral Liability PolicyEmployee Liability ExclusionAppellate ReviewConstruction ContractInsurance Coverage Dispute
References
6
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