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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

Bridges v. Callahan

Richard Bridges, a former New York City Police Detective, sought judicial review of a final administrative determination by the Commissioner of the Social Security Administration, which denied his application for social security disability insurance benefits. Bridges challenged the Commissioner's finding that he was not 'disabled' and could perform sedentary work, despite suffering from multiple work-related injuries to his back and knee. The District Court found that the Administrative Law Judge (ALJ) erred by substituting his own judgment for that of Bridges' treating physician and by not providing substantial evidence to support the finding that Bridges could perform sedentary work. The court, therefore, denied the Commissioner's motion for judgment on the pleadings and granted Bridges' motion, remanding the case for the calculation of benefits.

Social Security DisabilityDisability Insurance BenefitsSedentary WorkTreating Physician RuleAdministrative Law JudgeMedical EvidenceResidual Functional CapacitySpinal InjuriesKnee InjuriesHerniated Discs
References
19
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision

McLaurin v. New Rochelle Police Officers

Plaintiff Charles B. MeLaurin filed a pro se action under 42 U.S.C. § 1983 against numerous New Rochelle police officers and city officials, including Peter Kornas, Louis Falcone, Brian Fagan, David Lornegan, Edward Martinez, Dominic Procopio, Mayor Timothy Idoni, and the City of New Rochelle. MeLaurin alleged constitutional rights violations stemming from two arrests: one for assault on August 6, 2001, and another for criminal contempt on September 28, 2002. Defendants moved for judgment on the pleadings, asserting qualified immunity and failure to state a claim. The court granted dismissal with prejudice for most defendants, finding their actions objectively reasonable or lacking personal involvement, or due to plaintiff's failure to state a claim or comply with state law. Claims against Officers Lynch, Lore, Conca, Al-Fattaah, Kamau, and Navarette were dismissed without prejudice for lack of personal involvement. Officer Dina Lynn Moretti's motion was converted to one for summary judgment, giving the plaintiff 45 days to provide evidence regarding probable cause for the second arrest. State law claims were also dismissed due to non-compliance with New York General Municipal Law notice-of-claim requirements.

Excessive ForceFalse ArrestMalicious ProsecutionQualified ImmunityPro Se LitigationMunicipal LiabilityMonell ClaimFederal Rules of Civil Procedure 12(c)Federal Rules of Civil Procedure 56Civil Rights Violation
References
59
Case No. MISSING
Regular Panel Decision

M. Cristo, Inc. v. State of New York Office of General Services

This dissenting opinion by Staley, Jr., J. concerns the rejection of a low bid from a petitioner by the Office of General Services. The rejection was based on the petitioner's unresolved labor dispute with Laborers Local No. 190, which the Office of General Services feared would cause disruption and delay to the South Mall project, a 'time of the essence' contract. Staley, Jr., J. argues that the State's action was lawful, citing State Finance Law § 174 and previous cases that permit bid rejection in the best interests of the State, especially when a labor dispute threatens project completion. The dissent distinguishes this case from precedents involving mere threats of union action. However, the majority decision, which this opinion dissents from, reversed the judgment and ruled in favor of the petitioner.

Labor DisputeBid RejectionState ContractPublic WorksTime of EssenceJudicial ReviewAppellate DecisionProcurement LawNonunion WorkersProject Delay
References
3
Case No. 2018 NY Slip Op 04452
Regular Panel Decision
Jun 15, 2018

Martin v. Niagara Falls Bridge Commn.

Plaintiff Eldred Jay Martin, an appellant, sustained injuries from a 25-30 foot fall while dismantling bridge scaffolding. He sued under Labor Law §§ 240 (1) and 241 (6). The Supreme Court initially granted summary judgment to the defendants, Niagara Falls Bridge Commission and Liberty Maintenance, Inc., dismissing the complaint. On appeal, the Appellate Division, Fourth Department, modified this decision, reinstating the Labor Law § 240 (1) claim due to triable issues of fact concerning the adequacy of safety devices provided. The court affirmed the dismissal of the Labor Law § 241 (6) claim. A dissenting opinion argued that the plaintiff's own actions were the sole proximate cause of his injuries, as he allegedly failed to use available safety equipment.

Scaffolding accidentLabor Law § 240(1)Summary JudgmentAppellate ReviewConstruction SafetyFall ProtectionWorkplace InjuryProximate CauseSafety DevicesEmployer Liability
References
15
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
Case No. MISSING
Regular Panel Decision
Nov 25, 2013

Janes v. Triborough Bridge & Tunnel Authority

Plaintiffs Riva Janes, Bruce Schwartz, Bette Goldstein, and Hillel Abraham filed a class action against the Triborough Bridge and Tunnel Authority (TBTA), Metropolitan Transportation Authority (MTA), and their chairmen. They alleged that differential toll policies on New York City bridges, which provide discounts only to residents of specific areas, violate the Commerce Clause, Privileges and Immunities Clause, and Equal Protection Clause of the U.S. Constitution, as well as New York State law. The court, relying on prior Selevan decisions, determined that the toll policies were merely minor restrictions on travel and did not warrant strict scrutiny. Applying the three-factor Northwest Airlines test, the court concluded that the tolls were a fair approximation of use, not excessive relative to the benefits conferred on the integrated transit system, and did not discriminate against interstate commerce. Ultimately, the court granted the defendants' motion for summary judgment, dismissing all federal and state law claims.

Toll PoliciesDifferential TollsDormant Commerce ClauseRight to TravelEqual ProtectionSummary JudgmentConstitutional LawNew York City TransitVerrazano-Narrows BridgeCross Bay Veterans Memorial Bridge
References
52
Case No. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
Case No. 2015 NY Slip Op 07554 [132 AD3d 500]
Regular Panel Decision
Oct 15, 2015

Bridge Street Contracting Inc. v. Everest National Insurance

This case addresses an insurer's disclaimer of coverage due to late notice of claims. The Appellate Division, First Department, modified a lower court order, declaring that Everest National Insurance Company has no duty to defend or indemnify Bridge Street Contracting Inc. in the underlying action. The court ruled that Everest properly disclaimed coverage without needing to demonstrate prejudice, as it was not participating in the defense when Bridge Street was served with the claims. Arguments regarding waiver of the late notice defense and antisubrogation were rejected. CastlePoint Insurance Company's motion to intervene was also denied as academic.

Insurance CoverageLate NoticeDisclaimer of CoverageSummary JudgmentDuty to DefendDuty to IndemnifyAntisubrogationInterventionAppellate DivisionContract Law
References
4
Case No. 2021 NY Slip Op 04734 [197 AD3d 684]
Regular Panel Decision
Aug 18, 2021

Westchester County Corr. Officers Benevolent Assn., Inc. v. County of Westchester

The Westchester County Correction Officers Benevolent Association, Inc., and individual correction officers sued the County of Westchester for breach of a collective bargaining agreement (CBA). They sought damages, claiming entitlement to disability retirement benefits equivalent to those under the Workers' Compensation Law for loss of earning capacity. The defendants moved to dismiss the complaint, asserting the CBA was silent on such awards. The Supreme Court granted the defendants' motion and denied the plaintiffs' cross-motion for leave to amend the complaint. The Appellate Division affirmed the Supreme Court's order, concluding that the CBA did not contain a provision for the claimed retirement benefits, thus the complaint failed to state a cause of action and the proposed amendment lacked merit.

Breach of ContractCollective Bargaining AgreementDisability BenefitsGeneral Municipal LawCPLR ProcedureMotion to DismissLeave to AmendAppellate ReviewRetirement BenefitsWorkers' Compensation Law Benefits
References
9
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