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

Case No. 2025 NY Slip Op 03670 [239 AD3d 1157]
Regular Panel Decision
Jun 18, 2025

Matter of Lo (Go N.Y. Tours Inc.--Commissioner of Labor)

Yero Lo, a street ticket seller for Go New York Tours Inc. (TopView Sightseeing), applied for unemployment insurance benefits after TopView's closure due to the COVID-19 pandemic. The Department of Labor initially determined TopView was the employer and liable for contributions. An Administrative Law Judge overruled this, finding Lo and others were independent contractors. The Unemployment Insurance Appeal Board reversed the ALJ, concluding that ticket sellers were employees, making TopView liable. The Appellate Division, Third Department, affirmed the Board's decision, citing substantial evidence of TopView's control over the ticket sellers, including training, providing equipment, setting parameters for sales, and restricting other employment.

Unemployment InsuranceEmployee ClassificationIndependent ContractorStreet Ticket SellerSightseeing Tour BusControl TestAppellate ReviewSubstantial EvidenceDepartment of LaborUnemployment Insurance Appeal Board
References
5
Case No. MISSING
Regular Panel Decision

Chung v. Express Tours, Inc.

The defendants appealed an order denying their motion for partial summary judgment and a change of venue. The Appellate Court reversed the order, granting the defendants' motion, dismissing the causes of action by plaintiffs Jiang Yi Wang and Sandy Liu, and severing the action for the remaining plaintiffs. The Court found that Wang's and Liu's claims were barred by the Workers' Compensation Law because the plaintiffs failed to raise a triable issue of fact regarding Wang's employment as a tour guide for defendant Express Tours, Inc., and whether Express had obtained Workers’ Compensation insurance coverage for him. Consequently, the venue for the remaining plaintiffs was transferred from Kings County to Richmond County.

Personal InjuryWorkers' Compensation LawSummary JudgmentVenue ChangeTour GuideEmployer LiabilityEvidentiary ValueAppellate ReviewKings CountyRichmond County
References
3
Case No. 2017 NY Slip Op 07528
Regular Panel Decision
Oct 26, 2017

Perez v. Beach Concerts, Inc.

The plaintiff, Mark Perez, moved for partial summary judgment on his Labor Law § 240 (1) claim against Live Nation Worldwide, Inc. The court properly granted this motion, finding Live Nation was an "owner" of the accident site due to its licensee role at Jones Beach Marine Theatre, giving it sole authority over premises operation and maintenance, including worker safety. The court also correctly determined that the plaintiff was engaged in the "alteration" of a structure when he fell while setting up a truss system, which extended the booth's height and required significant construction. This work was deemed an alteration, not merely a decorative modification. The Appellate Division affirmed the lower court's decision.

Labor Law § 240(1)Summary JudgmentLiabilityOwner LiabilityLicensee ResponsibilityWorkplace SafetyConstruction AccidentFall from HeightAlteration of StructureTruss System
References
8
Case No. MISSING
Regular Panel Decision
Oct 02, 2013

O'Neill v. Mermaid Touring Inc.

Plaintiff Jennifer O’Neill, a former personal assistant to Stefani Germanotta (Lady Gaga) and Mermaid Touring, Inc., sued for unpaid overtime wages under the Fair Labor Standards Act (FLSA) and New York’s Labor Law. O'Neill alleged she worked "24/7" on-call for a fixed salary without overtime pay. Defendants sought summary judgment on whether O'Neill was entitled to overtime for work performed outside New York, if her "on-call" time was compensable, and the method for calculating any due overtime. The court granted summary judgment for defendants on the New York Labor Law claim for out-of-state work, but denied it regarding the compensability of "on-call" time and the method of overtime calculation due to unresolved factual disputes. Additionally, the Third Cause of Action was dismissed by consent.

Overtime CompensationFair Labor Standards ActFLSANew York Labor LawPersonal AssistantLady GagaOn-call TimeSummary Judgment MotionWage ClaimEmployee Misclassification
References
39
Case No. 85 Civ. 4724 (RO)
Regular Panel Decision

New York Bus Tours, Inc. v. Kheel

This District Court opinion addresses a long-standing labor dispute concerning bus drivers' entitlement to back pay following a 1979 wild-cat strike. The central issue involved clarifying an ambiguous arbitration award by Theodore W. Kheel, which initially awarded compensation but stayed enforcement pending the employer's recovery from the Board of Education. After numerous appeals and remands, arbitrator Eric J. Schmertz, with Kheel's testimony, definitively clarified that the original award required unconditional payment to the employees, regardless of the employer's success against the Board. The District Court upheld Schmertz's clarification, granting the Transport Workers Union's motion to confirm the award and denying New York Bus Tours, Inc.'s motion to vacate it. The decision emphasized the necessity of prompt payment to the employees who had awaited compensation for over a decade.

ArbitrationLabor DisputeWild-cat StrikeBack PayContract InterpretationJudicial ReviewArbitrator's IntentAppellate ReviewFederal Court JurisdictionSouthern District of New York
References
8
Case No. ADJ7037256
Regular
Jul 27, 2010

DENNY PEREZ vs. MARISELA MILLAN dba CHULA VISTA TOURS, ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted the judge's report, which found the applicant not to be an employee of Chula Vista Tours. This determination was based on the judge's assessment of the applicant's testimony as not credible, citing evidence of threats and suspicious timing of treatment and claim filing relative to a restraining order. The Board gave great weight to the judge's credibility findings, as is customary.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenial of ReconsiderationCredibility DeterminationEmployee StatusChula Vista ToursEndurance Insurance CompanyDriver MechanicDWC-1 Claim FormRestraining Order
References
1
Case No. MISSING
Regular Panel Decision

Reiken v. Nationwide Leisure Corp.

This case involves a purported class action brought by OTC charter tour passengers against a tour operator, an airline, hotel companies, and a surety. The plaintiffs allege misrepresentations, breach of contract, and fraudulent misrepresentations related to London tours, seeking damages and rescission. The surety, Fidelity and Deposit Company, Inc., removed the action from New York Supreme Court to federal court, arguing that claims on a bond issued under federal law fall within federal jurisdiction. However, co-defendants Nationwide and Nadel moved to remand. The District Court granted the motion to remand, citing the longstanding rule that all defendants must join a removal petition, which was not met in this case.

Class ActionFederal JurisdictionRemovalRemand MotionSurety BondMisrepresentationBreach of ContractFraudTour OperatorAirline
References
14
Case No. MISSING
Regular Panel Decision
Dec 04, 1997

Claim of D'Accordo v. Spare Wheels & Car Shoppe

Claimant, an automobile salesperson, was injured in an accident while driving an employer's vehicle to the dealership to finalize a sale. The employer permitted salespersons to use demonstrator vehicles and conduct off-premises sales. The Workers’ Compensation Board determined that the accident occurred within the course of employment, a decision appealed by the employer and its carrier. The court affirmed, citing sufficient evidence that the claimant was engaged in work-related activity, including testimony that the employer encouraged taking vehicles to potential customers' homes and claimant's history of sales to relatives. The court concluded the Board's decision was supported by substantial evidence.

Workers' CompensationAutomobile SalesCourse of EmploymentAccidental InjuryDemonstrator VehicleOff-Premises SalesSubstantial EvidenceAppellate ReviewEmployer PolicyWork-Related Activity
References
3
Case No. MISSING
Regular Panel Decision

Ripley v. Mulroy

Plaintiff Thomas Ripley sued Thomas J. Mulroy and Rockville Travel, Inc. for fraud concerning promissory notes issued by Faith Tours, Inc., which subsequently filed for Chapter 11 bankruptcy. Defendants moved to dismiss the complaint, invoking the automatic stay provision of the Bankruptcy Code (11 U.S.C. § 362). The court denied the motion, clarifying that the automatic stay applies only to the debtor (Faith Tours) and not to co-defendants. The court also raised concerns about subject matter jurisdiction over Rockville Travel, Inc., due to the apparent lack of a federal claim against it, and ordered further briefing on the issue.

Bankruptcy StayFraudPromissory NotesSecurities ActRICOPendent JurisdictionSubject Matter JurisdictionFederal QuestionDebtor and Creditor LawCorporate Fraud
References
3
Case No. 06-Civ.-2268
Regular Panel Decision
Nov 18, 2008

In Re Novartis Wage and Hour Litigation

This consolidated class action lawsuit addresses whether pharmaceutical sales representatives (Reps) employed by Novartis Pharmaceuticals Corporation (NPC) are entitled to overtime pay under the federal Fair Labor Standards Act (FLSA) and corresponding New York and California state wage laws. Plaintiffs, current and former Reps, claim they qualify for overtime, while NPC argues they are exempt as outside salespersons or administrative employees. The Court granted summary judgment for NPC, finding that the Reps are exempt from overtime requirements as outside salespersons and administrative employees under both federal and state laws. The court also noted that some highly compensated employees would also be exempt, but did not need to fully rule on that point given the broader exemptions found.

Overtime PayFLSA ExemptionOutside Sales ExemptionAdministrative ExemptionPharmaceutical IndustryWage and Hour LawsClass ActionSummary JudgmentNew York Labor LawCalifornia Labor Law
References
28
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