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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

Community Service Society v. Welfare Inspector General

The case concerns an application by the Community Service Society (CSS) and Gladys Baez to quash a subpoena issued by the Welfare Inspector General of the State of New York. The subpoena sought privileged communications between Baez and a certified social worker at CSS concerning her marital status and employment, information relevant to an investigation of alleged welfare fraud. Petitioners argued the communications were protected under CPLR 4508. The Inspector General contended Baez waived the privilege by signing a public assistance form and that the communication revealed contemplation of a crime. The court ruled that the signed consent form did not constitute a clear waiver of privilege. It also determined that information about marital status or employment does not inherently reveal the contemplation of a crime for the purpose of the CPLR 4508 exception. Consequently, the court granted the motion to quash the subpoena, affirming the privileged nature of the communications, but denied Baez's requests for an injunction and class action certification.

Social worker-client privilegeCPLR 4508Subpoena quashWelfare fraud investigationWaiver of privilegeConfidential communicationsClass action denialExecutive LawSocial Services LawPenal Code
References
11
Case No. MISSING
Regular Panel Decision

Kaur v. Royal Arcadia Palace, Inc.

This case involves employees of Malabar Palace restaurant suing Royal Arcadia Palace and its owners for various labor law violations, fraud, and breach of contract after Malabar closed and Royal Arcadia opened in the same location. Plaintiffs allege Royal Arcadia is a successor entity created to avoid Malabar's debts, and that defendants were partners in Malabar and responsible for unpaid wages, overtime, and loans. The defendants moved for summary judgment, arguing lack of FLSA coverage, employer status, statute of limitations, statute of frauds, and agency. The court denied summary judgment for most claims and most plaintiffs, except for dismissing Plaintiff Vimla, dismissing breach of contract for back-wages, and granting breach of contract for loans for all plaintiffs except Manjit.

FLSANYLLWage and HourOvertime PayMinimum WageSuccessor LiabilityFraudBreach of ContractUnjust EnrichmentPartnership Law
References
36
Case No. MISSING
Regular Panel Decision

Morse v. Weingarten

This case involves a securities fraud class action where plaintiffs, shareholders of First Capital Holdings Corp., alleged that defendant Michael Milken violated Sections 10(b) and 20(a) of the Securities Exchange Act, Rule 10b-5, and committed common law fraud and negligent misrepresentation. Plaintiffs claimed Milken, through his 'Daisy Chain' scheme, caused First Capital to invest heavily in junk bonds, leading to its collapse and misleading statements about its financial health. Milken moved to dismiss all claims under Fed.R.Civ.P. 12(b) and 9(b) for failure to state a claim and failure to plead fraud with particularity, and to strike portions of the complaint under Rule 12(f). The court granted Milken's motion to dismiss all claims, finding that Morse failed to adequately allege a primary violation of Section 10(b) due to a lack of 'in connection with' and causation, insufficient knowledge for aider and abettor liability, insufficient control for control person liability, and inadequate pleading of conspiracy. The common law fraud and negligent misrepresentation claims were also dismissed for similar reasons, and the court granted the motion to strike references to Milken's criminal conviction and income as immaterial.

Securities FraudClass Action LawsuitMotion to DismissFederal Rules of Civil Procedure 12(b)Federal Rules of Civil Procedure 9(b)Aiding and AbettingControl Person LiabilityConspiracyCommon Law FraudNegligent Misrepresentation
References
26
Case No. MISSING
Regular Panel Decision
Mar 02, 2006

People v. Niver

The defendant was convicted of grand larceny in the fourth degree, welfare fraud in the fourth degree, and two counts of offering a false instrument for filing in the first degree, all stemming from her failure to report income while receiving public assistance benefits. On appeal, the defendant challenged the denial of her speedy trial motion, the legal sufficiency of the evidence for her convictions, particularly regarding the value of property wrongfully taken and intent to defraud, and several evidentiary rulings by the County Court. The court found no speedy trial violation, concluding that only 173 days were chargeable to the People. The court also determined that the evidence was legally sufficient to support the convictions, noting witness testimony on overpayment exceeding $1,000 and the defendant's failure to disclose workers' compensation income. The various evidentiary rulings, including those related to the Molineux application and business records, were upheld. Therefore, the judgment was affirmed.

Grand LarcenyWelfare FraudFalse Instrument for FilingSpeedy Trial ViolationLegal Sufficiency of EvidenceIntent to DefraudEvidentiary RulingsMolineux ApplicationBusiness Records ExceptionCriminal Procedure Law
References
14
Case No. MISSING
Regular Panel Decision
Aug 16, 1988

In re the Grand Jury Subpoenas Served Upon Doe

The Grand Jury of New York County issued subpoenas duces tecum to the law firm of John Doe, P. C., seeking various records. John Doe, P. C. moved to quash or modify these subpoenas, asserting attorney-client and attorney work product privileges. After an in camera review of 109 files, the court denied the attorney-client privilege claim for two files due to insufficient proof of confidentiality. For the work product privilege, the court applied the crime-fraud exception for specific subpoenaed records, citing an ongoing investigation into corruption in personal injury litigation. The court also narrowly construed the work product privilege. Consequently, the motion was granted for eight specific files found to contain protected attorney work product, while denied for the remaining files. The records not protected by privilege were ordered to be delivered to the District Attorney by August 18, 1988, following service of the decision on August 16, 1988.

attorney-client privilegework product privilegesubpoenas duces tecumGrand Jury investigationcrime-fraud exceptionin camera inspectionlegal ethicsconfidentialityevidence disclosuremotion to quash
References
12
Case No. MISSING
Regular Panel Decision

McCormack International Corp. v. Vohra

McCormack International Corp. brought an action against multiple defendants under the Racketeer Influenced and Corrupt Organizations Act (RICO), alleging mail fraud, wire fraud, and extortion. The plaintiff claimed that defendants used a scheme involving bad checks and threats from an organized crime figure to remove McCormack from a Tudor Hotel renovation project. The court adopted the Magistrate Judge's recommendations, dismissing the RICO claims for failure to establish a 'pattern of racketeering activity,' specifically lacking sufficient allegations of furtherance of fraud by mail and continuity of criminal activity for extortion. Additionally, the court denied plaintiff's request for leave to amend the complaint, rejected defendants' motion for sanctions, and denied plaintiff's motion for a retroactive enlargement of time to file objections to a prior report.

RICORacketeeringMail FraudWire FraudExtortionCivil ProcedureMotion to DismissRule 9(b)Rule 12(b)(6)Sanctions
References
31
Case No. MISSING
Regular Panel Decision
Nov 10, 2021

Louie's Seafood Rest., LLC v. Brown

The plaintiffs, Louie's Seafood Restaurant, LLC, and its owners Martin Picone and Michael Guinnane, appealed an order that granted the defendants' motion to dismiss their complaint. The plaintiffs had sued the defendant attorneys, Jeffrey Brown and Lenard Leeds of Leeds Brown Law, P.C., for aiding and abetting fraud, violating Judiciary Law § 487, breach of contract, and fraud in the inducement. These claims stemmed from prior class action and discrimination lawsuits where the defendants represented former employees against the plaintiffs. The Supreme Court initially denied the defendants' motion to dismiss but later, upon renewal and reargument, granted it. The Appellate Division affirmed the dismissal, holding that the Noerr-Pennington doctrine barred the aiding and abetting fraud and Judiciary Law § 487 claims, as the allegations did not fit within the 'sham' or 'corruption' exceptions. Furthermore, the court found the fraudulent inducement claim failed to sufficiently allege justifiable reliance, and the breach of contract claim was abandoned by the plaintiffs.

Aiding and Abetting FraudJudiciary Law § 487Fraudulent InducementNoerr-Pennington DoctrineCPLR 3211(a) DismissalAppellate DivisionMotion to DismissLegal Professional MisconductFirst Amendment RightsLitigation Privilege
References
17
Case No. MISSING
Regular Panel Decision

Nigro v. Dwyer

This case involves plaintiffs (various pension-type funds, including IBEW Local 363 Pension Fund) suing William A. Dwyer, President of On-Line Electric, Inc., personally for unpaid contributions. On-Line Electric, Inc. was dissolved in 1998 for unpaid franchise taxes, but Dwyer signed a Letter of Assent in 2000, binding On-Line to collective bargaining agreements requiring contributions to the Funds. Dwyer made payments until 2001 but ceased thereafter, despite continuing electrical work. On-Line was reinstated in good standing on March 3, 2005, shortly before the complaint was filed. Plaintiffs argue Dwyer is personally liable because the contracts were entered into while the corporation was dissolved. The court reviews New York Tax Law § 203-a (7) regarding retroactive corporate liability upon reinstatement, noting the 'fraud exception' recognized by the Second Circuit. The court denies the plaintiffs' motion for partial summary judgment, finding that although the facts suggest possible fraud, they do not compel such a conclusion, thus necessitating a trial on the issue of fraud.

Corporate DissolutionPersonal LiabilityFranchise TaxCollective Bargaining AgreementPension ContributionsSummary Judgment MotionFraud ExceptionRetroactive ReinstatementNew York Tax LawAlter Ego Liability
References
19
Case No. MISSING
Regular Panel Decision
Oct 03, 1960

Battista v. Potofsky

The defendant, an unincorporated association, appealed an order from the Supreme Court, Orange County, which denied its motion to dismiss a complaint for insufficiency, alleging fraud. The appellate court reversed the order, granted the motion, and dismissed the complaint. The court found that the allegations were insufficient to demonstrate that the fraud complained of was authorized or ratified by the members of the union, which is an unincorporated association. Leave was granted for the plaintiffs to serve an amended complaint.

FraudUnincorporated AssociationDismissalInsufficiency of PleadingAuthorizationRatificationCivil PracticeAppellate ReviewComplaint Dismissal
References
1
Case No. MISSING
Regular Panel Decision
Apr 13, 1973

Vic's Auto Body & Repair v. Granito

This case concerns an Article 78 proceeding challenging the denial of a special exception permit for an automobile body and fender repair shop. Initially, the Supreme Court, Nassau County, annulled the denial and directed the issuance of the permit. However, the appellate court reversed this judgment, reinstating the appellants' original determination and dismissing the petition. The appellate court found that the appellants' denial was supported by evidence of potential noise, fumes, visual blight from wrecked cars, the residential nature of the vicinity, and the severe negative impact on a neighboring medical practice. The court concluded that the proposed use failed to meet the standards for a special exception permit.

Special Exception PermitZoning DenialAutomobile Repair ShopNuisanceResidential CharacterMedical Practice ImpactCPLR Article 78Abuse of Discretion ReviewProperty ValueAppellate Review
References
1
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