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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

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied
References
0
Case No. 2018-11587 (Index No. 20807/15)
Regular Panel Decision
Dec 02, 2020

Broecker v. Conklin Prop., LLC

This case involves an appeal from an order in a fourth-party action concerning negligence and breach of contract. Conklin Property, LLC, a fourth-party plaintiff, sued Total Management Corp. and David Lande (appellants), alleging they failed to procure adequate insurance for a construction project after a worker was injured and died, leading to a disclaimer of coverage by the insurer. The Supreme Court denied the appellants' motion to dismiss the fourth-party complaint and granted Conklin's cross-motion to amend the complaint to include a cause of action for breach of fiduciary duty. The Appellate Division affirmed the lower court's decision, finding that Conklin sufficiently pleaded causes of action for negligence, negligent misrepresentation, and breach of contract. The court also determined that a special relationship existed between Conklin and the appellants, justifying the addition of a breach of fiduciary duty claim. Furthermore, the court found the actions to be within the statute of limitations, accruing on the date of the worker's injury.

NegligenceBreach of ContractInsurance Broker LiabilityNegligent MisrepresentationFiduciary DutyStatute of LimitationsFourth-Party ActionInsurance Coverage DisputeAppellate ReviewMotion to Dismiss
References
12
Case No. 2020 NY Slip Op 05621 [187 AD3d 1623]
Regular Panel Decision
Oct 09, 2020

Matter of Eighth Jud. Dist. Asbestos Litig.

This case concerns the Eighth Judicial District Asbestos Litigation, specifically an appeal and cross-appeal stemming from a jury verdict in favor of Lynn M. Stock, as executrix of the estate of James G. Stock, against Jenkins Bros. The Appellate Division, Fourth Department, affirmed the Supreme Court's order, which had denied both parties' posttrial motions. The court found sufficient evidence to support the jury's finding that asbestos from Jenkins Bros.' products was a substantial factor in causing the decedent's mesothelioma, rejecting the defendant's challenges to specific causation. Additionally, the court dismissed the plaintiff's cross-appeal regarding the jury verdict sheet's presentation of damages for loss of services and society.

Asbestos LitigationMesotheliomaCausationExpert TestimonyJury VerdictPosttrial MotionsAppellate ReviewSubstantial FactorWarning DefectProduct Liability
References
8
Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. Action No. 1 and Action No. 3
Regular Panel Decision

County of Ulster v. Highland Fire District

This case involves consolidated appeals concerning the County of Ulster's group self-insurance plan for workers' compensation coverage. Several fire districts, including Highland, Woodstock, Town of Ulster No. 5, Phoenicia, Flattekill No. 1, and East Kingston, joined the plan between 1979 and 1985, despite being covered under their respective towns' existing participation. Upon discovering this, the fire districts withdrew, refusing to pay withdrawal fees and obtaining private insurance. Legal actions ensued, with the fire districts alleging fraudulent inducement and seeking fee cancellations and premium reimbursements, and the County suing for breach of contract and unpaid withdrawal fees. The Supreme Court granted summary judgment to the County, finding no "double charging" or damages to the fire districts since they received coverage and the cost simply shifted. The appellate court affirmed, noting the fire districts' fraud counterclaims were largely time-barred by the six-year statute of limitations, and even if not time-barred for withdrawal fees, it would be unfair to avoid payment given the received coverage and benefits.

Workers' Compensation Law § 63Group Self-Insurance PlanFire Districts EligibilityFraudulent InducementStatute of LimitationsSummary JudgmentBreach of ContractWorkers' Compensation CoverageMunicipal LawAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Claim of Groth v. Daimler Chrysler Corp.

This legal motion pertained to a request for leave to appeal from an Appellate Division order. The Appellate Division had previously denied reargument in the underlying case. The court dismissed the motion for leave to appeal, reasoning that the Appellate Division's order did not constitute a final determination as defined by the Constitution. Separate from this, any other aspects of the motion for leave to appeal were also denied.

References
1
Case No. MISSING
Regular Panel Decision

West Genesee Central School District v. West Genesee Teacher Ass'n

This case involves an appeal and cross-appeal from an order of the Supreme Court, Onondaga County, regarding an arbitrator's award concerning a teachers' collective bargaining agreement. The Supreme Court had partially granted a petition to vacate a portion of the arbitrator's award. The appellate court modified this order, agreeing that the arbitrator exceeded his authority by mandating a 40-minute morning preparation period, but reversed the lower court's finding that the arbitrator acted outside his scope concerning mandatory summer workshops. Additionally, the court rejected the petitioner's cross-appeal argument that the arbitrator was irrational in determining that attendance at training sessions held outside normal working hours could not be mandated based on the collective bargaining agreement.

arbitrationcollective bargaining agreementteacherssummer workshopspreparation periodCPLR 7511labor grievancescontract interpretationarbitrator's authorityscope of arbitration
References
5
Case No. MISSING
Regular Panel Decision

Salerno v. North Colonie Central School District

Ralph Salerno, an employee, suffered a slip and fall injury on a mixture of water and grease in a walk-in cooler at Shaker High School, part of the North Colonie Central School District. He and his wife, derivatively, filed a personal injury lawsuit. The defendants' motion for summary judgment was granted by the Supreme Court, leading to the plaintiffs' appeal. The appellate court affirmed the lower court's decision, concluding that the plaintiffs failed to demonstrate that the defendants either caused the hazardous condition or had sufficient notice of it. Consequently, the plaintiffs did not meet their burden of proof.

personal injuryslip and fallsummary judgmentnegligencepremises liabilityconstructive noticeactual noticeburden of proofappellate reviewschool district
References
8
Case No. 2019 NY Slip Op 08035
Regular Panel Decision
Nov 08, 2019

Morrow v. MetLife Invs. Ins. Co.

This case involves an appeal by Juan "Jin" Zhou, a financial services representative, from an order of the Supreme Court, Erie County. The Appellate Division, Fourth Department, heard two appeals. Appeal No. 1, concerning an original complaint, was dismissed as moot because an amended complaint superseded it. Appeal No. 2 challenged the denial of a motion to dismiss several causes of action in the amended complaint against Zhou. The Appellate Division reversed the Supreme Court's order, granting the motion to dismiss the first, second, ninth (negligence and gross negligence), sixth (conversion), and eighth (fraud) causes of action against Zhou, citing errors in the lower court's reasoning regarding intentional conduct, lack of control over personal property, and insufficient allegations for fraud.

Appellate ReviewMotion to DismissNegligenceGross NegligenceConversionFraudStatute of LimitationsAmended ComplaintCauses of Action
References
13
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Lane & Endicott Johnson Corp.

The Motion for permission to appeal to the Court of Appeals was denied. The stay is continued until the appellant has an opportunity to apply to the Court of Appeals for permission to appeal, if so advised.

Appellate ProcedurePermission to AppealCourt of AppealsStay of ProceedingsJudicial Panel
References
1
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