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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

Claim of Le Myre v. La Belle

This case involves appeals from two Workers’ Compensation Board decisions. The Board found that the claimant, a 15-year-old groom, suffered a disabling injury within the course of employment and established an employer-employee relationship with Stephen M. La Belle, owner of Steve Belle’s Racing Stable. La Belle contended the claimant was a volunteer, denying any payment. The Board, however, credited the claimant’s testimony regarding the nature of the work, payment, and La Belle's control, finding substantial evidence for an employer-employee relationship. The appellate court affirmed the Board's decisions.

Employer-Employee DisputeSubstantial Evidence ReviewCredibility AssessmentAppellate AffirmationMinor EmploymentEquine IndustryOccupational InjuryWage Non-Payment ClaimSaratoga CountyBoard Decision Appeal
References
3
Case No. 2017 NY Slip Op 05862 [152 AD3d 806]
Regular Panel Decision
Jul 26, 2017

Phillips v. Taco Bell Corp.

The plaintiff, Rachina Phillips, sustained personal injuries after boiling water spilled on her right foot while preparing hot foods within the scope of her employment at a Taco Bell restaurant. She initiated an action against Taco Bell Corp. and Yum! Brands, Inc., alleging negligence. The defendants moved to dismiss the complaint, asserting that the plaintiff's employer, Taco Bell of America, LLC, was a subsidiary or sister company and that workers' compensation was the exclusive remedy, or that they lacked ownership/control over the premises. The Supreme Court denied this motion. The Appellate Division affirmed the Supreme Court's order, determining that the affidavits submitted by the defendants did not qualify as documentary evidence under CPLR 3211 (a)(1) and failed to conclusively establish a defense or refute the plaintiff's factual allegations for both CPLR 3211 (a)(1) and (7).

Personal InjuryNegligenceCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary EvidenceMotion to DismissAppellate ProcedureAlter Ego LiabilityWorkers' Compensation DefensePremises Liability
References
12
Case No. TP 14-00362
Regular Panel Decision
Nov 14, 2014

BELL, ELIJAH v. JOHNSON, SOCIAL WORKER

Elijah Bell, proceeding pro se, initiated a CPLR article 78 proceeding to review a determination made after a tier II hearing. The hearing found that Bell had violated various inmate rules. The case was transferred from the Supreme Court, Seneca County, to the Appellate Division, Fourth Judicial Department. The Appellate Division ultimately dismissed the proceeding without costs, deeming it moot, referencing Matter of Free v Coombe.

Appellate DivisionJudicial DepartmentCPLR article 78 proceedingMootnessInmate Rules ViolationTier II HearingPro Se RepresentationAttorney GeneralJudicial ReviewAdministrative Law
References
1
Case No. 527101
Regular Panel Decision
Feb 07, 2019

Matter of Bell v. Glens Falls Ready Mix Co., Inc.

Walter Bell, a diesel mechanic/driver, appealed a Workers' Compensation Board decision regarding his schedule loss of use (SLU) of his right arm. Bell sustained work-related injuries requiring surgery and received workers' compensation benefits. While a Workers' Compensation Law Judge initially found an 80% SLU, the Board, crediting Dr. Maloney's opinion, determined a 50% SLU of the right shoulder and added 10% for elbow defects, resulting in a 60% SLU of the right arm based on the New York State Guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence and consistent with the guidelines for calculating SLU awards for combined upper extremity injuries.

Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryElbow InjuryMedical EvaluationTreating PhysicianIndependent Medical Examination (IME)Appellate ReviewWorkers' Compensation BoardPermanent Impairment Guidelines
References
8
Case No. MISSING
Regular Panel Decision

Miller v. Taco Bell Corp.

This Memorandum and Order addresses an employment discrimination lawsuit filed by Penny D. Miller against Taco Bell Corporation, alleging disability discrimination under the ADA and New York State Human Rights Law. Miller, who has a severe hearing impairment, claimed she was denied a promotion and terminated due to her disability, and subjected to a hostile work environment. The defendant sought summary judgment, which the court granted. The court determined that while a factual dispute existed regarding the extent of Miller's disability, she failed to establish a prima facie case of discrimination because she did not formally apply for the promotion, and her termination and alleged lack of communication skills were supported by non-discriminatory reasons related to her interpersonal abilities, not her hearing. Furthermore, the court found her hostile work environment claims to be sporadic and not severe enough to constitute an abusive environment. Consequently, all federal claims were dismissed, and state law claims were dismissed without prejudice.

Employment DiscriminationDisability DiscriminationAmericans with Disabilities ActADANew York State Human Rights LawHostile Work EnvironmentSummary JudgmentHearing ImpairmentPretext for DiscriminationPrima Facie Case
References
30
Case No. MISSING
Regular Panel Decision

Strauss v. Belle Realty Co.

On July 13, 1977, a power failure caused by Consolidated Edison left most of New York City in darkness. Plaintiff, Julius Strauss, a tenant in an apartment building, fell on darkened stairs in a common area while attempting to obtain water, sustaining injuries. He sued his landlord, Belle Realty Company, for negligence in maintaining the stairs and Consolidated Edison for negligence in failing to provide electricity. The central legal question was whether Con Edison owed a duty of care to Strauss, a non-customer regarding the common areas of the building, given his landlord's separate contractual relationship with the utility. The court concluded that, as a matter of public policy concerning a widespread blackout, liability for injuries in a building's common areas should be limited by the contractual relationship. The Appellate Division's decision to dismiss the complaint against Con Edison was affirmed.

Power OutageBlackoutUtility LiabilityDuty of CareContractual RelationshipPrivity of ContractGross NegligencePersonal InjuryPremises LiabilityPublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Bell v. National Railroad Passenger

Cecil Bell sued his former employer, Amtrak, and his union, Local 1460, alleging wrongful discharge and breach of the duty of fair representation. Bell was discharged following an incident in May 1983 and pursued a grievance process through the union, which culminated in a Public Law Board hearing in June 1984 that sustained his discharge. Bell filed this action on March 11, 1985. The court dismissed the claim against Amtrak for lack of jurisdiction, as judicial review of Public Law Board decisions is narrowly confined to specific grounds, none of which Bell adequately alleged. The claim against Local 1460 was dismissed as time-barred, applying a six-month statute of limitations from May 25, 1983, when Bell knew or reasonably should have known of the alleged breach of fair representation, and rejecting the argument for tolling the statute during administrative remedies.

Wrongful DischargeDuty of Fair RepresentationRailway Labor ActStatute of LimitationsPublic Law BoardJudicial ReviewCollective Bargaining AgreementGrievance ProcedureFederal Court JurisdictionLabor Union
References
16
Case No. 2024 NY Slip Op 00377
Regular Panel Decision
Jan 30, 2024

Hribovsek v. United Cerebral Palsy of N.Y. City

The Appellate Division, First Department, reviewed an order from the Supreme Court, New York County, concerning Hedvika Polonca Hribovsek's claims against United Cerebral Palsy of New York City (UCP), Sharon Frazier, and Shakira Robinson. The court modified the Supreme Court's order by dismissing plaintiff's claims for race and national origin discrimination and retaliation under the NYSHRL and NYCHRL. It affirmed the lower court's denial of summary judgment for UCP on successor liability, finding issues of fact regarding whether UCP could be held liable as a successor to Federal Employment and Guidance Services (FEGS). The Appellate Division also affirmed the refusal to dismiss plaintiff's disability discrimination claims and hostile work environment claims, citing factual disputes regarding discriminatory conduct, mocking an accent, and excessive monitoring.

DiscriminationRetaliationHostile Work EnvironmentSuccessor LiabilitySummary JudgmentAppellate ReviewDisability DiscriminationRace DiscriminationNational Origin DiscriminationHuman Rights Law
References
7
Case No. MISSING
Regular Panel Decision

Father Belle Community Center v. New York State Division of Human Rights

This proceeding addresses whether a corporate employer can be held directly liable for sexual harassment perpetrated by its highest managerial employee, even without proof of vicarious liability. The New York State Division of Human Rights (SDHR) filed a petition seeking enforcement of a determination that the Father Belle Community Center was liable for sexual harassment by its Executive Director, Vito Caruso, against three complainants: Deborah King, Elizabeth Hurd, and Deborah Horvatits. The court affirmed the finding that the Center was directly liable for Caruso's quid pro quo and hostile work environment harassment, and for its Board of Directors' condonation and retaliatory discharge of complainants. The court also upheld the $60,000 awards to each complainant for mental anguish and humiliation.

Sexual HarassmentQuid Pro Quo HarassmentHostile Work EnvironmentEmployer LiabilityDirect LiabilityRetaliatory DischargeHuman Rights LawDiscriminationMental Anguish DamagesCorporate Governance
References
31
Case No. MISSING
Regular Panel Decision

Bell Aerospace Co. Division of Textron, Inc. v. Local 516, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America

This case, an action under Section 301 of the Labor Management Relations Act, involved a court-ordered tripartite arbitration between Bell Aerospace Company, Local 516, and Local 205. Following the arbitrator's decision on January 30, 1973, Local 205 moved to vacate the award, citing alleged misbehavior, exceeded authority, disregard of law, and evident partiality by the arbitrator. Local 516 cross-moved to confirm the award. The court, acknowledging its limited jurisdiction under the Arbitration Act, thoroughly reviewed Local 205's claims. It found no sufficient grounds to vacate the award, rejecting all allegations against the arbitrator. Consequently, the court denied Local 205's motion to vacate and granted Local 516's motion to confirm the arbitration award.

ArbitrationLabor Management Relations ActUnion DisputeJudicial ReviewArbitration AwardMotion to VacateMotion to ConfirmFederal CourtCollective BargainingMisbehavior of Arbitrator
References
11
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