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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

Diaz v. Rosbrock Associates Ltd. Partnership

Plaintiff Eduardo Londono Diaz, an employee of New Rochelle Hotel Association (NRHA), sustained injuries while working at the Ramada Plaza Hotel. He commenced an action against Rosbrock Associated Limited Partnership (Rosbrock), the landowner, alleging violations of the Labor Law. Rosbrock, which leased the land to NRHA, moved for summary judgment, arguing that NRHA and Rosbrock were effectively the same entity for Workers' Compensation Law purposes due to identical general and limited partners, thus precluding a lawsuit against the landowner under exclusive remedy provisions. The court granted Rosbrock's motion for summary judgment, finding that despite being separately maintained for tax and legal compliance, the identical partnership makeup rendered them a single entity for workers' compensation, thereby dismissing Diaz's action.

Limited Partnership LiabilityExclusive Remedy DoctrineIdentity of EntitiesLandowner Employer StatusSummary Judgment GrantLabor Law ViolationsPartnership LawStatutory DutyWorkplace Injury ClaimBoiler Maintenance
References
10
Case No. 2017 NY Slip Op 04241
Regular Panel Decision
May 31, 2017

Alvarez v. Vingsan Ltd. Partnership

Franklin G.S. Alvarez was injured after falling from an unsecured ladder while installing sheetrock at premises owned by Vingsan Limited Partnership and leased by JP Morgan Chase Bank, N.A. He, along with his wife, sued alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), common-law negligence, and loss of consortium. Initially, procedural errors led to denials of summary judgment motions. Upon reargument, the Supreme Court granted the plaintiffs' cross-motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied JP Morgan's cross-motion to dismiss that cause of action. The Appellate Division, Second Department, affirmed this decision, concluding that the plaintiffs made a prima facie showing of entitlement to judgment under Labor Law § 240 (1) and JP Morgan failed to raise a triable issue of fact.

Ladder AccidentConstruction Site InjuryLabor Law § 240 (1)Summary JudgmentAppellate DivisionPremises LiabilityProximate CauseWorker SafetyUnsecured LadderReargument
References
11
Case No. CV 93-1443 ADS
Regular Panel Decision
May 15, 2000

LI HEAD START CHILD DEVELOPMENT SERV. v. Kearse

This case addresses cross-motions for reconsideration regarding a prior court order compelling defendants to return $497,736 to L.I. Head Start. The defendants' motion, citing concerns about the financial stability of the Community Action Agencies Insurance Group (CAAIG) Fund if the transfer occurred, was denied, as the court found their evidence outdated and irrelevant to the appropriate assessment date of withdrawal in 1992. Conversely, the plaintiffs' motion for prejudgment interest on the owed sum was granted, with the court ordering the defendants to pay the principal amount plus interest accrued from September 1, 1992. Additionally, the court awarded attorneys' fees to the plaintiffs, finding evidence of bad faith on the part of the defendants and noting the deterrent effect such an award would have on other fund trustees. However, the plaintiffs' request for computer legal research costs was denied as not being a separately taxable expense.

ERISAPension PlanHealth Benefit FundMotion for ReconsiderationPrejudgment InterestAttorneys' FeesFund DepletionFinancial StabilityBad FaithFederal Rules of Civil Procedure
References
36
Case No. 04 CV 4165
Regular Panel Decision

Olsen v. New York Community Bancorp, Inc.

This Memorandum of Decision and Order addresses motions to consolidate eleven related securities fraud class actions and appoint a lead plaintiff and lead counsel. The actions were brought on behalf of investors who purchased New York Community Bancorp, Inc. (NYCB) stock between June 2003 and May 2004, alleging violations of federal securities law due to material misrepresentations and omissions related to NYCB's merger with Roslyn Bancorp, Inc. The Court, presided over by District Judge Hurley, granted the motion to consolidate all actions under case number 04 CV 4165. Applying the Private Securities Litigation Reform Act of 1995 (PSLRA) and Rule 23 of the Federal Rules of Civil Procedure, the Court appointed the "NYCB Group," composed of Metzler Investment GmbH and Bernard Drucker, as the lead plaintiff, determining they had the largest financial interest and satisfied all other requirements. Milberg Weiss Bershad & Schulman LLP was approved as lead counsel. The motions from other groups (Lee Group, Dr. Schnapp, Stevens Group, Dalia Group, Stewart Group) for lead plaintiff were denied.

Securities FraudClass ActionLead PlaintiffLead CounselConsolidation of ActionsPSLRAEastern District of New YorkNYCB GroupMetzler InvestmentBernard Drucker
References
16
Case No. MISSING
Regular Panel Decision

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. MISSING
Regular Panel Decision

Scally v. Regional Industrial Partnership

Joseph E. Scally sustained personal injuries after falling from an air conditioning unit while working on a project involving the removal and replacement of these units from a building's roof. Plaintiffs brought an action alleging negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against various parties involved in the project, including Regional Industrial Partnership, ABB Automation, Inc., Webster Crane Service, Inc., and Hendon Enterprises, Inc. The Supreme Court initially denied partial summary judgment for plaintiffs on Labor Law § 240 (1) and dismissed certain Labor Law claims against the defendants. On appeal, the order was modified to reinstate Labor Law § 240 (1) claims against Regional Industrial Partnership, ABB Automation, Inc., and Webster Crane Service, Inc., granting plaintiffs' motion for summary judgment on this claim. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim and other parts of the order, while also addressing indemnification claims between the defendants and third-party defendant Ancoma, Inc., Scally's employer.

Personal InjuryLabor LawSummary JudgmentElevation Related RiskProximate CauseContributory NegligenceIndemnificationThird-Party ActionCrane AccidentConstruction Accident
References
25
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. MISSING
Regular Panel Decision

Baldwin v. Goddard Riverside Community Center

Plaintiff Susan Baldwin sued her former employer, Goddard Riverside Community Center, for retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. She alleged retaliation for opposing housing discrimination against Russian applicants and supporting a co-worker's discrimination lawsuit. The defendant moved for summary judgment on all claims. The court found no direct evidence of retaliatory animus or disparate treatment. Relying solely on temporal proximity, the court determined it was insufficient to establish a causal connection between Baldwin's protected activities and the alleged adverse actions, especially given that many adverse actions and termination discussions began before her key protected activities. Therefore, the defendant's motion for summary judgment was granted, and the case was closed.

RetaliationEmployment DiscriminationHousing DiscriminationTitle VIINYSHRLNYCHRLSummary JudgmentProtected ActivityCausal ConnectionTemporal Proximity
References
46
Case No. Action No. 1
Regular Panel Decision

Felicciardi v. Town of Brookhaven

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. 12-CV-2285
Regular Panel Decision

Garnett-Bishop v. New York Community Bancorp, Inc.

This memorandum details five separate actions filed against New York Community Bancorp, Inc. and several individual defendants, stemming from a large-scale reduction in force on October 13, 2011. Twenty-six plaintiffs allege employment discrimination based on age, race, national origin, gender, and/or disability, along with retaliation, violating various federal and New York state laws including Title VII, ADEA, GINA, ADA, Civil Rights Act of 1991, WARN Act, and NYSHRL. The defendants moved to consolidate these actions and also had several motions to dismiss pending. The Court granted the unopposed motion to consolidate the five cases into a single action, 'Garnett-Bishop, et al. v. New York Community Bancorp., Inc., et al.', under Case Number 12-CV-2285. The claims of Plaintiff Diann Titus were severed from the consolidated action, and all other pending motions were denied without prejudice, with leave to renew after the plaintiffs file a consolidated complaint.

Employment DiscriminationReduction in ForceAge DiscriminationRace DiscriminationNational Origin DiscriminationGender DiscriminationDisability DiscriminationRetaliationTitle VIIADEA
References
19
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