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

Case No. 2007 NY Slip Op 31662(U)
Regular Panel Decision
Jul 26, 2007

J Squared Software, LLC v. Bernette Knitware Corp.

The Supreme Court of New York County issued a judgment on July 26, 2007, affirming a prior order from June 18, 2007. This order had denied the plaintiff's motion for partial summary judgment on liability, granted the defendants' cross-motion for summary judgment dismissing the complaint in an action for conversion of a software program, and vacated a preliminary injunction. The appellate court unanimously affirmed this decision, holding that the plaintiff lacked a cause of action for conversion as the program was obtained under a valid contract and its return was never demanded. Consequently, the preliminary injunction was properly vacated upon the dismissal of the complaint.

conversionsoftware programsummary judgmentpreliminary injunctioncontract lawlicenseecause of actionappellate reviewjudgment affirmedcomplaint dismissal
References
2
Case No. 2018 NY Slip Op 00367 [157 AD3d 1143]
Regular Panel Decision
Jan 18, 2018

Matter of Wallen v. Software Communication Sys. Inc.

Claimant, Noel O. Wallen, a software engineer and sole shareholder of SCS Inc., suffered a stroke on March 8, 2012, while attending a meeting related to a discrimination complaint. Initially, his workers' compensation claim was established by a WCLJ. However, new evidence revealed the meeting was for a discrimination complaint he filed against a former employer (Teknavo Group Inc.), not related to his employment with SCS. The Workers' Compensation Board subsequently rescinded the initial WCLJ decision and, after further hearings, disallowed the claim, finding the injury did not arise out of and in the course of his employment with SCS. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that Wallen's stroke was a result of a personal quest against a former employer, not connected to his work for SCS.

Workers' Compensation BenefitsStroke InjuryCourse of EmploymentArising Out of EmploymentDiscrimination ComplaintPersonal QuestCausationSubstantial EvidenceWorkers' Compensation BoardAppellate Division
References
6
Case No. No. 09 Civ. 10155
Regular Panel Decision

Software Freedom Conservancy, Inc. v. Westinghouse Digital Electronics, LLC

Plaintiffs, Software Freedom Conservancy, Inc. and Erik Andersen, initiated a copyright infringement action in 2009 against several electronics distributors, including Westinghouse Digital Electronics, LLC (WDE), for their use of the BusyBox software. In 2010, the court issued a default judgment and a permanent injunction against WDE. The current motion by plaintiffs seeks to hold Westinghouse Digital LLC (WD), a non-party, in contempt of this earlier injunction. The court determined that WD is a successor in interest to WDE under Federal Rule of Civil Procedure 65(d) due to substantial continuity of identity, and is therefore bound by the injunction. WD's defenses, including a prior FCC order and fair use, were rejected by the court. Consequently, the court granted the plaintiffs' motion to hold WD in contempt, deferring the decision on specific damages and attorneys' fees pending further submissions from the parties.

Copyright InfringementContempt of CourtInjunctionSuccessor LiabilityRule 65(d)Fair Use DoctrineBusyBox SoftwareOpen SourceDefault JudgmentFCC Order
References
26
Case No. CV-24-1494
Regular Panel Decision
Jan 15, 2026

Matter of Beeline.Com, Inc. v. State of N.Y. Tax Appeals Trib.

Petitioner, Beeline.Com, Inc., a Florida company, initiated a CPLR article 78 proceeding to challenge a determination by the New York Tax Appeals Tribunal. The Tribunal upheld a sales tax assessment imposed by the Department of Taxation and Finance on Beeline.Com's vendor management system (VMS), deeming it a sale of licenses to use prewritten computer software under Tax Law article 28. Beeline.Com argued it primarily provided nontaxable services and its software was customized, not prewritten. The Appellate Division, Third Department, confirmed the Tribunal's determination, finding that the VMS license constituted a sale of tangible personal property, was prewritten software despite minor reconfigurations, and was the core element of Beeline.Com's transactions, not incidental to services.

Sales TaxComputer Software LicensePrewritten SoftwareTax Appeals TribunalCPLR Article 78Vendor Management System (VMS)Tangible Personal PropertyTrue Object TestPrimary Function TestTax Law Article 28
References
15
Case No. MISSING
Regular Panel Decision
Feb 28, 1992

Fonar Corp. v. Deccaid Services., Inc.

The court amended its findings regarding a contempt proceeding and a preliminary injunction. It found defendants Deccaid Services, Inc., Peter Kim, Louis Treglia, Stephen Steckler, and Equi Med Leasing, Inc. in knowing and willful contempt of a prior Temporary Restraining Order issued on October 2, 1991. The defendants were prohibited from copying, reproducing, selling, or using Fonar's copyrighted 'Maintenance Software' and 'Schematics' for Beta 3000 and Beta 3000M MRI Scanners. As a result of the contempt, the plaintiff, Fonar Corporation, was awarded attorneys' fees, and the court issued further prohibitions against the defendants, including David Smith and Medical Funding of America, Inc., from servicing Fonar MRI Scanners using the protected software or schematics, and from forming new business entities to circumvent the order. Additionally, the court granted a preliminary injunction, affirming irreparable harm to Fonar due to copyright infringement and trade secret misappropriation, and the likelihood of success on the merits, thereby enjoining defendants from further violations.

Copyright InfringementContempt of CourtPreliminary InjunctionSoftware ProtectionTrade SecretsMRI TechnologyIntellectual PropertyIrreparable HarmAttorneys' FeesWillful Violation
References
18
Case No. SAL 0102926
Regular
Oct 16, 2007

LORRAINE O. SOVINSKY vs. CAD DESIGN SOFTWARE, STATE COMPENSATION INSURANCE FUND

This case involves a worker injured on the job who sought reconsideration of a prior award. The Appeals Board granted reconsideration to amend the award, ordering the employer to pay for the worker's self-procured medical treatment at Dominican Hospital. However, the Board affirmed the finding of 21% permanent disability after apportionment, citing substantial medical evidence that supports such apportionment, similar to precedent in a prior case.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilitySelf-Procured Medical TreatmentIndustrial InjurySpine InjuryAgreed Medical ExaminerSubstantial EvidenceMedical Treatment Expenses
References
2
Case No. ADJ274810 (SAC 0342774)
Regular
Nov 03, 2009

DARLENE KRAMER vs. BEST SOFTWARE, XL SPECIALTY INSURANCE COMPANY, UNITED STATES FIDELITY & GUARANTY

The WCAB amended the Findings and Award to find the applicant sustained an industrial injury through September 23, 2004, and affirmed the rest of the award.

Cumulative injuryDate of injuryPermanent disabilityApportionmentQualified Medical Evaluator (QME)Spine injuryBest SoftwareXL Specialty Insurance CompanyUnited States Fidelity & GuarantyLabor Code section 5412
References
0
Case No. MISSING
Regular Panel Decision

In re the Claim of Stearns

The claimant, employed by a temporary agency, voluntarily left an assignment after struggling with new software and experiencing dissatisfaction with her supervisor and co-workers. The Unemployment Insurance Appeal Board disqualified her from receiving benefits, finding she voluntarily left employment without good cause. The court affirmed this decision, citing precedents that job dissatisfaction or inability to get along with colleagues do not constitute good cause for leaving employment, and found no merit in the claimant's contentions of coercion or altered employment terms.

Unemployment InsuranceVoluntary QuitGood Cause for Leaving EmploymentJob DissatisfactionWorkplace ConflictSoftware TrainingTemporary EmploymentAppellate ReviewAdministrative DecisionBenefits Disqualification
References
2
Case No. ADJ10227813
Regular
Sep 28, 2018

ELIDIA REYNOSO vs. DIGITAL CURRENCY SERVICES, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order disallowing a lien claimant's lien. The lien claimant failed to file a required Labor Code section 4903.05(c) declaration, leading to dismissal by operation of law. However, the lien claimant asserted the failure was due to a software error and that they attempted to file the declaration later. The Board found that due process requires an evidentiary hearing to determine if the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.

Labor Code 4903.05DeclarationLien ClaimantExcusable NeglectPetition for ReconsiderationWCABEAMSDue ProcessEvidentiary HearingDismissal with Prejudice
References
8
Case No. ADJ4702369 (LAO 0839192) ADJ4457073 (LAO 0863424) ADJ215002 (LAO 0863425)
Regular
Oct 07, 2013

JUAN CEBALLOS vs. ALLOY DIE CASTING, SEABRIGHT

In a workers' compensation case, the Appeals Board imposed a $1,000 sanction against a lien claimant, Innovative Medical Management, its representative Louis Heard, and Coast Plaza Doctors Hospital. This sanction was levied for filing an untimely objection with a misrepresentation regarding their failure to attend a lien conference, despite clear instructions on filing procedures. The Board found the objection's attached notes demonstrated a deliberate decision not to attend the conference, rendering their excuse of software issues for the misrepresentation unconvincing. The sanction is jointly and severally payable to the Workers' Compensation Appeals Board.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND DECISION AFTER REMOVALORDER IMPOSING SANCTIONSLABOR CODE § 5813Petition for Reconsiderationlien claimantuntimely Objectionmisrepresentation of factInnovative Medical ManagementCoast Plaza Doctors Hospital
References
0
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