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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
May 20, 1993

Ray v. Metropolitan Transportation Authority

Larry Ray, a maintenance worker, and Blake Willett, an LIRR Police Officer, were involved in a physical altercation where Willett allegedly beat and handcuffed Ray. Ray was later released by Willett's supervisor. Plaintiffs sued Willett and the Long Island Rail Road (LIRR) for battery, false arrest and imprisonment, negligent retention, and civil rights violations under 42 USC § 1983. The Supreme Court, Kings County, dismissed claims against the LIRR for negligent retention and civil rights violations and dismissed the complaint against Willett due to defective service of process. The jury found Willett liable for battery and false arrest/imprisonment but not for civil rights violation. The appellate court affirmed the judgment, finding no error in the dismissals, concluding that Willett's conduct was not within the scope of employment and he was not acting under color of state law, and that service upon Willett was indeed defective.

BatteryFalse ImprisonmentCivil Rights ViolationNegligent RetentionRespondeat SuperiorPolice MisconductPersonal JurisdictionService of ProcessAppellate LawKings County
References
17
Case No. MISSING
Regular Panel Decision
Dec 04, 1989

Longa v. 17 Battery Place North Associates

The Supreme Court of New York County affirmed an order that denied the plaintiffs’ motion to set aside a previous order from June 24, 1985. The earlier order had granted the defendant's motion for summary judgment, dismissing the complaint, and denied the plaintiffs’ cross motion to strike the defendant’s affirmative defense of workers’ compensation. Plaintiffs alleged that the judgment was obtained through fraudulent evidence, specifically a doctored workers' compensation form that misrepresented their employer. However, the court found insufficient proof of fraud to vacate the judgment, thus upholding the denial of the plaintiffs' motions.

Summary JudgmentFraudulent EvidenceWorkers' Compensation DefenseMotion to Set Aside JudgmentAppellate ReviewAffirmative DefenseCPLR 5015Insufficient ProofVacating JudgmentPrior Order
References
2
Case No. MISSING
Regular Panel Decision
Jan 02, 1991

Iannelli v. Olympia & York Battery Park Co.

The plaintiff, a steel inspector, was knocked from a beam at a construction site by a slipping piece of Q decking while inspecting bolts, falling 28 feet to the floor below. The court found that the defendant owner/general contractor, Olympia & York Battery Park Co., violated Labor Law § 240 (1) by failing to provide adequate safety devices. The defendant's arguments, including that a subcontractor's actions were the proximate cause or that the plaintiff's own negligence was a factor, were rejected. The court reaffirmed that the lack of safety devices was the primary cause and did not relieve the defendant of its nondelegable statutory liability. Consequently, the appellate court reversed the lower court's order and granted the plaintiff's motion for partial summary judgment on the issue of liability.

Personal InjuryConstruction AccidentElevated Work SiteSummary JudgmentLiabilityStatutory ViolationNondelegable DutyProximate CauseComparative NegligenceSafety Devices
References
7
Case No. ADJ6601989
Regular
Feb 25, 2011

AMALIA VILLEGAS (Widow) vs. TROJAN BATTERY COMPANY, UNITED STATES FIRE INSURANCE C/O CRUM & FORSTER

In this workers' compensation case, the defendant sought reconsideration of a finding that the widow's claim for death benefits was presumed compensable under Labor Code section 5402. The defendant argued they never received the original Findings and Order and that their timely denial of the decedent's inter vivos claim also covered the death benefits claim. The Appeals Board granted reconsideration, finding the defendant's petition timely due to evidence of improper service. Ultimately, the Board reversed the prior finding, holding that the defendant had timely denied liability for the death benefit claim by denying the underlying injury claim.

Workers' Compensation Appeals BoardReconsiderationLabor Code section 5402Presumption of CompensabilityDeath BenefitsInter Vivos ClaimCumulative TraumaToxins ExposureAdrenal CarcinomaProof of Service
References
4
Case No. MISSING
Regular Panel Decision

Tannenbaum v. Hofbauer

The plaintiff filed a motion to set aside the dismissal of their complaint, which sought damages for an alleged assault and battery perpetrated by unidentified men acting under the direction of Powers, a business agent of the defendant union during a strike. The plaintiff's evidence indicated the tortious act was committed by a union agent in furtherance of the strike. However, there was no evidence of official union authorization for the act, nor was the agent's unlawful activity sufficiently notorious or prolonged to infer knowledge and acquiescence from the union membership. Citing established precedent, the court reiterated that to hold a voluntary, unincorporated association liable, facts must prove all members are liable, either through a public act of the association or member-approved acts of its agents. The court found that the evidence presented was insufficient to bind the entire union membership, requiring clear and convincing evidence to identify the union with the individual acts. Consequently, the plaintiff's motion to set aside the dismissal was denied.

Assault and BatteryUnion LiabilityAgency LawVoluntary Unincorporated AssociationMembership LiabilityStrike ActionTortious ActDismissal of ComplaintMotion PracticeEvidence Sufficiency
References
4
Case No. 21-mc-102
Regular Panel Decision
Nov 15, 2014

Avila v. Abatement Professionals

Eight plaintiffs, victims of World Trade Center cleanup injuries, sued Battery Park City Authority (BPCA) for negligence and New York Labor Law violations. Their initial claims were dismissed for untimely notice. The New York Legislature enacted 'Jimmy Nolan’s Law' to revive these time-barred claims. BPCA moved for summary judgment, arguing the law was unconstitutional as applied to it. The court granted BPCA’s motion, ruling that Jimmy Nolan’s Law was an unconstitutional 'extreme exercise of legislative power' because the circumstances did not present the 'exceptional circumstances' or 'serious injustice' required to revive time-barred claims under the New York State Constitution’s Due Process Clause. The court found that New York's 'discovery rule' for latent injuries already provided adequate protection, distinguishing this case from prior instances where revival statutes were upheld. Consequently, the plaintiffs’ claims against BPCA were dismissed.

World Trade Center9/11 cleanuptoxic dustlatent injuriesstatute of limitationsrevival statutedue processNew York State Constitutionpublic benefit corporationgovernment liability
References
51
Case No. 09 C 10580
Regular Panel Decision
Dec 14, 2012

Allam v. Meyers

This Memorandum Opinion and Order addresses Defendant Jason Meyers’ renewed motion for judgment as a matter of law (JMOL) or, alternatively, a motion for a new trial, following a jury verdict entered against him on April 19, 2012. Plaintiff Miryam Al-lam, Meyers' ex-wife, alleged assault, battery, and intentional infliction of emotional distress (IIED). The jury awarded Allam $200,000 for pain and suffering and $300,000 in punitive damages. The court granted Meyers' JMOL motion regarding the IIED claim due to insufficient medical evidence, but upheld the jury's liability findings for assault and battery. While denying a new trial on liability for assault and battery, the court granted a new trial on punitive damages, conditioned on Allam's refusal to accept a remittitur reducing the punitive award to $200,000.

AssaultBatteryIntentional Infliction of Emotional Distress (IIED)Judgment as a Matter of Law (JMOL)New TrialPunitive DamagesCompensatory DamagesDomestic ViolenceJury VerdictRemittitur
References
78
Case No. MISSING
Regular Panel Decision

Sankar v. City of New York

This case involves a landlord (plaintiff) who faced two arrests in 2006 based on allegedly false police reports filed by her tenant, Karlene White, stemming from a landlord-tenant dispute. The plaintiff subsequently sued White, several police officers, an assistant district attorney, and the City of New York for federal and state law claims including false arrest, malicious prosecution, and battery. The court granted in part and denied in part the defendants' motion for summary judgment. Claims for false arrest against Officers Ostrowski and Galli, malicious prosecution against Officer Ostrowski, and battery against Ostrowski and Galli (all in their individual capacities) survived summary judgment. Additionally, state law claims for false arrest, malicious prosecution, and battery against the City of New York under respondeat superior liability were also denied summary judgment. All other claims, including those related to a November arrest, claims against other named defendants, and intentional infliction of emotional distress, were dismissed.

false arrestmalicious prosecutioncivil rightspolice misconductprobable causequalified immunitymunicipal liabilityrespondeat superiorbatterylandlord-tenant dispute
References
51
Case No. 2020 NY Slip Op 05678 [187 AD3d 501]
Regular Panel Decision
Oct 13, 2020

Jiraud v. Barnes & Noble, Inc.

The Appellate Division, First Department, modified a Supreme Court order, dismissing Celso Jiraud's complaint against Barnes & Noble, Inc. Jiraud had alleged negligent supervision, assault, and battery by a maintenance worker. The court found Barnes & Noble not liable for negligent supervision due to lack of prior knowledge of the employee's violent propensities. Furthermore, it ruled out liability for assault and battery under respondeat superior, as the employee's actions were not within the scope of employment or in furtherance of the employer's interests. Consequently, the entire complaint was dismissed.

Negligent supervisionAssault and batteryRespondeat superiorSummary judgmentEmployee misconductEmployer liabilityViolent propensitiesScope of employmentAppellate reviewComplaint dismissal
References
4
Case No. 2017 NY Slip Op 06241
Regular Panel Decision
Aug 23, 2017

Acosta v. City of New York

The plaintiff, Pedro Acosta, initiated an action against the City of New York and several police officers for false arrest and battery. Following a first trial where the plaintiff prevailed, the City appealed, resulting in a new trial specifically on the battery claim. A second trial was conducted, and the jury again found in favor of the plaintiff. The Supreme Court subsequently issued an amended judgment based on this verdict. The City appealed this amended judgment, but the Appellate Division, Second Department, affirmed the decision. The appellate court concluded that the jury's verdict was consistent with a fair interpretation of the evidence and that the Supreme Court's evidentiary rulings and jury instructions were appropriate.

False ArrestBatteryPolice MisconductJury VerdictWeight of EvidenceAppellate ReviewEvidentiary RulingsJury ChargeSummation LimitsCivil Procedure
References
20
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