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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
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. MISSING
Regular Panel Decision
May 27, 1994

In re the Guardianship & Custody of Angela Marie N.

This case concerns an appeal from an order of disposition in Family Court, New York County, which terminated a respondent's parental rights. The termination was based on a finding of mental illness, supported by extensive unrefuted evidence including the respondent's chronic degenerating mental condition, frequent hospitalizations, and failure to adhere to any treatment plan. A court-appointed psychiatrist concluded there was no possibility of improvement in the foreseeable future, confirming the respondent's inability to provide adequate care for her children. The appellate court unanimously affirmed the order, finding clear and convincing evidence for the termination and that the disposition, committing guardianship to the petitioner, was in the children's best interests. Furthermore, the court found no ineffective assistance of counsel, stating that strategic decisions should not be reevaluated with hindsight.

Parental Rights TerminationMental IllnessChild WelfareGuardianshipIneffective Assistance of CounselAppellate ReviewFamily LawBest Interests of the ChildSocial Services Law
References
7
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
2
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. MISSING
Regular Panel Decision
Nov 04, 1993

In re Heather W.

This case concerns an appeal from an order of disposition issued by the Family Court, New York County. The order affirmed a prior fact-finding determination that the respondent had sexually abused the subject child. Consequently, the child was discharged to her mother's custody under the supervision of the Child Welfare Administration, and the respondent was barred from any contact with the child. The appellate court found that the Family Court's determination was supported by a preponderance of the evidence, including corroborated unsworn out-of-court statements made by the child victim. Medical records and expert testimony, which detailed an enlarged vaginal opening and minimal hymen tissue, further corroborated the child's allegations of genital contact.

Child Sexual AbuseFamily Court ActOrder of DispositionFact-finding DeterminationCorroborated StatementsMedical EvidenceEnlarged Vaginal OpeningHymen TissueAppellate DivisionSexual Abuse Finding
References
1
Case No. MISSING
Regular Panel Decision
Apr 16, 1993

In re Dawn H.

This case involves an order of disposition from the Family Court, Bronx County, dated April 16, 1993. The order placed two of the respondent’s children with the Commissioner of Social Services and a third child with his biological father. This action followed a fact-finding determination that the two children had been sexually abused and neglected, and the third child derivatively neglected. The court’s decision was unanimously affirmed. The corroboration for the victims' out-of-court statements of sexual abuse was provided by a social worker's testimony, detailing the children's behavior and age-inappropriate knowledge. The Family Court also properly denied the respondent’s motion for a second validator, citing numerous prior psychological evaluations, the children's anxiety, and the respondent's failure to demonstrate bias or present information about her chosen expert.

Sexual AbuseChild NeglectFamily CourtDispositional OrderChild WelfareCorroboration of AbuseEvidentiary RulesJudicial DiscretionPsychological EvaluationsChild Placement
References
4
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