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

Case No. MISSING
Regular Panel Decision

50 Lefferts LLC v. Cole

This case involves a holdover proceeding initiated by a petitioner landlord against Shaniquca Cole, who claims succession rights to a rent-stabilized apartment after the death of the tenant of record, Thelma Williams, on June 10, 2013. Cole asserts she was a member of Williams' immediate family and that the apartment was their primary residence for two years prior to Williams' death. The core issue is the admissibility of Williams' hospital records, offered by the petitioner, which contain statements from which adverse inferences about Cole's residency could be drawn. Respondent objected to these records as hearsay, but the court, referencing relevant case law, ruled that discharge planning statements within hospital records are admissible as part of a patient's treatment. The court denied the respondent's motion to bar the evidence, emphasizing that admissibility does not equate to probative weight.

Holdover proceedingSuccession rightsRent stabilizationHospital recordsHearsay exceptionBusiness recordsDischarge planMedical evidencePrimary residenceTenant rights
References
7
Case No. 2019 NY Slip Op 08951 [178 AD3d 525]
Regular Panel Decision
Dec 12, 2019

Matter of Global Liberty Ins. Co. of N.Y. v. North Shore Family Chiropractic, PC

The Appellate Division, First Department, affirmed the dismissal of a petition by Global Liberty Insurance Company of New York, which sought to vacate an arbitration award denying their claim. Global Liberty had argued that workers' compensation benefits were available to the assignor, Ramon Martinez, and thus their denial of the no-fault insurance claim to North Shore Family Chiropractic, PC (Martinez's assignee) was proper. The court found that Global Liberty failed to prove Martinez was injured in the course of his employment. The order was modified to remand the matter for a determination of attorneys' fees owed to North Shore Family Chiropractic, PC, including those for the appeal.

Insurance DenialNo-Fault BenefitsArbitration AwardAttorneys' FeesWorkers' Compensation CoverageEmployment StatusAppellate ReviewRemandBurden of ProofAssignor
References
4
Case No. 2014-1527 Q C
Regular Panel Decision
Dec 08, 2017

AVM Chiropractic, P.C. v. American Tr. Ins. Co.

This case concerns an appeal from an order of the Civil Court of the City of New York regarding assigned first-party no-fault benefits. Plaintiff, AVM Chiropractic, P.C., sought to recover benefits from American Transit Ins. Co. The Civil Court initially granted some branches of the defendant's motion for summary judgment and reduced claims based on a fee schedule defense. The Appellate Term modified the order, denying summary judgment for the defendant on specific causes of action (second, third, and sixth through eighth) and vacating findings on others (ninth and tenth). The court found that the defendant did not adequately demonstrate appropriate reductions in accordance with workers' compensation Ground Rules for several claims.

No-Fault BenefitsSummary JudgmentWorkers' Compensation Fee ScheduleAppellate ReviewInsurance ClaimsAssigneeFirst-Party BenefitsCivil ProcedureGround RulesNew York Law
References
1
Case No. 2014-1568 S C
Regular Panel Decision
Jul 20, 2016

Chirocare Chiropractic Assoc. v. State Farm Mut. Auto. Ins. Co.

This case involves a provider, Chirocare Chiropractic Associates, as assignee of Antoneta Mertiri, seeking first-party no-fault benefits from State Farm Mutual Automobile Insurance Company. The District Court initially granted State Farm's motion for summary judgment, dismissing the complaint based on a workers' compensation fee schedule defense. The Appellate Term reversed this order, finding that the District Court erred by dismissing the entire complaint on this ground, as the fee schedule defense only applied to amounts in excess of the schedule. Furthermore, the District Court failed to address State Farm's primary defense of lack of medical necessity, which could have been dispositive of the whole action. The matter was remitted to the District Court for a new determination addressing the medical necessity defense first.

No-fault insuranceAutomobile insuranceSummary judgmentAppellate reversalRemittiturMedical necessity defenseWorkers' compensation fee scheduleFirst-party benefitsAssignee claimChiropractic care
References
2
Case No. 2015-1649 Q C
Regular Panel Decision
Jan 20, 2017

Flatbush Chiropractic, P.C. v. American Tr. Ins. Co.

Flatbush Chiropractic, P.C., as assignee of Pierre Luxio, appealed an order that granted American Transit Ins. Co.'s motion to dismiss the complaint and denied plaintiff's cross-motion for leave to renew its prior motion for summary judgment. The Civil Court initially denied plaintiff's summary judgment motion and granted defendant's cross-motion, requiring Workers' Compensation Board resolution within 90 days due to an issue of fact regarding the accident occurring in the course of employment. After 21 months, defendant moved to dismiss for non-compliance, and plaintiff cross-moved to renew, presenting an affidavit indicating no record of a workers' compensation application. The Appellate Term affirmed the Civil Court's decision, stating that the alleged 'new facts' would not change the prior determination and plaintiff failed to show good cause against dismissal.

No-Fault BenefitsWorkers' Compensation IssueSummary Judgment MotionMotion to DismissLeave to RenewAppellate ReviewProcedural ComplianceAssignor-AssigneeCivil CourtAppellate Term
References
1
Case No. 2016-329 S C
Regular Panel Decision
Apr 27, 2017

Spineisland for Chiropractic, P.C. v. 21st Century Advantage Ins. Co.

This case involves an appeal by Spineisland For Chiropractic, P.C., acting as an assignee, against 21st Century Advantage Insurance Company concerning first-party no-fault benefits. The plaintiff sought to recover for services billed under CPT code 95831. The District Court of Suffolk County had previously granted the defendant's motion for summary judgment, asserting that the defendant had appropriately paid the plaintiff based on the workers' compensation fee schedule. On appeal, the Appellate Term affirmed the lower court's decision. The Appellate Term found that the defendant had adequately demonstrated the proper application of CPT code 95833 for the services billed under CPT code 95831, and the plaintiff failed to present a triable issue of fact.

No-fault benefitsSummary judgmentCPT codeWorkers' compensation fee scheduleAppellate TermSuffolk CountyAssigneeInsurance disputeChiropractic servicesMedical billing
References
1
Case No. MISSING
Regular Panel Decision
Sep 25, 1998

Cole v. Rappazzo Electric Co.

Plaintiff Cole, a field technician, was allegedly injured by inhaling fumes at a New York Telephone Company (NYTel) renovation site during a renovation project. The fumes originated from the work of a subcontractor, B.U.D. Sheet Metal, Inc., hired by prime contractor Rappazzo Electric Company, Inc. Cole filed suit against NYTel and Rappazzo, alleging common-law negligence and Labor Law § 200 violations. The Supreme Court partially denied motions for summary judgment by NYTel and Rappazzo. On cross appeals, the appellate court affirmed the Supreme Court's order, concluding that triable issues of fact existed regarding NYTel's and Rappazzo's supervisory control over the worksite, thereby precluding summary judgment on the negligence and Labor Law § 200 claims.

Common-law negligenceLabor Law § 200Summary judgmentWorksite safetySubcontractor liabilityOwner liabilityContractor liabilityFumes inhalationPersonal injuryWorkers' Compensation Law exclusivity
References
11
Case No. 11 Civ. 8967; 12 Civ. 1364
Regular Panel Decision

Geron ex rel. Thelen LLP v. Robinson & Cole LLP

This case involves a Chapter 7 trustee, Yann Geron, for the dissolved law firm Thelen LLP, who brought fraudulent transfer claims against Seyfarth Shaw LLP and Robinson & Cole LLP. The trustee sought to recover profits from former Thelen partners, arguing that pending hourly fee matters are assets of the dissolved firm. The court ruled that under New York law, pending hourly fee matters are not partnership assets, granting Seyfarth Shaw's motion. However, under California law, such matters could be considered assets if profits exceed 'reasonable compensation,' leading to the denial of Robinson & Cole's motion. The court also certified the order for interlocutory appeal, citing controlling legal questions and substantial grounds for differing opinions on the unfinished business doctrine.

Law Firm BankruptcyUnfinished Business DoctrinePartnership AssetsFraudulent Transfer ClaimsHourly Fee MattersContingency Fee MattersChoice of Law DisputeNew York LawCalifornia LawInterlocutory Appeal
References
58
Case No. MISSING
Regular Panel Decision

Madden v. Creative Services, Inc.

Plaintiffs George Madden and Roseanne Cohen filed a diversity action against Ralph Douglas Howe, Jr., Michael Sean Cole, National Amusements, Inc., Creative Services, Inc., Sklar, and Redstone. The suit arose from a break-in into the plaintiffs' attorney's office by Howe and Cole, employees of Creative Services, which was hired by National Amusements to investigate opposition to a proposed theater complex. Plaintiffs alleged various torts including intentional infliction of emotional distress, conversion, interference with attorney-client privilege, unlawful search and seizure, and negligent infliction of emotional harm. The court granted the defendants' motions to dismiss the complaint, finding that the alleged conduct did not meet the legal thresholds for the claimed torts under New York law and declined to create new causes of action. Consequently, all principal and derivative claims were dismissed.

Intentional Infliction of Emotional DistressConversionAttorney-Client PrivilegeUnlawful Search and SeizureNegligent Infliction of Emotional HarmLoss of ConsortiumMotion to DismissSummary JudgmentFederal Rules of Civil ProcedurePleading Standards
References
26
Case No. CAF 12-00796
Regular Panel Decision
Jun 14, 2013

COLE, HEATHER A. v. NOFRI, MICHAEL JAMES

This case concerns an appeal to the Supreme Court of New York, Appellate Division, Fourth Judicial Department, regarding a Family Court order dismissing a mother's petition for custody modification. The Appellate Division reversed the lower court's decision, finding a sufficient change in circumstances to warrant a custody modification. The court noted the parents' remarriages, additional children, and the subject child's strong desire to live with the mother due to anxiety in the father's home. Consequently, the Appellate Division granted primary physical custody to the mother and awarded visitation to the father, remitting the matter to Family Court for establishing a visitation schedule. A dissenting justice argued against overturning the original custody arrangement, emphasizing the child's young age, the father's long-standing primary custody, and the lack of expert testimony regarding the child's expressed anxieties.

custody modificationchild's best interestsappellate reviewfamily courtphysical custodyvisitation rightschange in circumstanceschild's preferenceparental remarriagechild anxiety
References
13
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