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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Benjamin v. Traffic Executive Ass'n-Eastern

Plaintiffs, employees of the Eastern Weighing and Inspection Bureau (EWIB), sought protective benefits under the Staggers Act after their employment was terminated due to EWIB ceasing operations. An arbitration board determined that EWIB employees were not 'employees of a rate bureau' and thus not entitled to the benefits. Plaintiffs subsequently filed a complaint in federal court, alleging violations of the Staggers Act, mail fraud, RICO, and common law fraud, and moved for a trial de novo. Defendants moved for summary judgment, arguing the arbitration award should be upheld. The court reviewed the arbitration award under the limited provisions of the Railway Labor Act (RLA), finding no grounds to set it aside. The court granted defendants' motion for summary judgment, denied plaintiffs' motion for a trial de novo, and dismissed the complaint.

Staggers ActArbitration AwardSummary JudgmentRailway Labor ActCollateral EstoppelDue ProcessArticle III CourtsJury TrialRICOAdministrative Procedure Act
References
34
Case No. MISSING
Regular Panel Decision
Feb 17, 1989

Gaspard v. American Transit Insurance

The Supreme Court, New York County, affirmed an order and judgment that confirmed a July 19, 1987 arbitrator’s award and a December 28, 1987 master arbitrator’s award. The respondent’s application for a trial de novo was denied, and the petitioner was awarded judgment including principal, interest, attorneys’ fees, and disbursements, totaling $66,443.42. The respondent argued that interest was improperly calculated and that proof of claim was never properly filed, contentions raised for the first time on a motion for reargument which was denied and not appealed. The appellate court found these arguments precluded by the respondent’s failure to raise them in a timely appeal to the master arbitrator and affirmed the lower court's decision.

Arbitrator's AwardTrial De NovoInterest CalculationWorkers' Compensation ClaimsTimeliness of AppealReargumentAppellate ReviewCPLR 7510Master ArbitratorProof of Claim
References
3
Case No. MISSING
Regular Panel Decision

De La Concha v. Fordham University

Plaintiff Harry de la Concha sued his former employer, Fordham University, alleging discrimination based on race (Latino) and national origin (Puerto Rican) after his termination. Fordham moved for summary judgment, asserting legitimate, non-discriminatory reasons for the discharge. The court found no evidence to support a claim of national origin discrimination and granted summary judgment to Fordham on that claim. Regarding the race discrimination claim, the court determined that de la Concha failed to demonstrate that Fordham's stated reasons for his dismissal were a pretext for discrimination, despite an immediate supervisor's use of racial slurs. Consequently, the court granted Fordham's motion for summary judgment on the race claim, dismissing de la Concha's Title VII claim in its entirety.

Employment DiscriminationRace DiscriminationNational Origin DiscriminationTitle VIISummary JudgmentPretextHostile Work EnvironmentWrongful TerminationFederal Rules of Civil Procedure 56McDonnell Douglas Burden-Shifting
References
18
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. MISSING
Regular Panel Decision

De Gregorio v. CBS, Inc.

Plaintiff Carl De Gregorio sued CBS after footage of him holding hands with a co-worker on Madison Avenue was broadcast for a news segment about romance, despite his explicit request to prevent its use. De Gregorio alleged invasion of privacy under the New York Civil Rights Law, intentional infliction of emotional distress, prima facie tort, and defamation. The court granted summary judgment to CBS, finding that the broadcast, filmed in a public place for a newsworthy topic, did not constitute an invasion of privacy or defamation. The decision emphasized that incidental use and the constitutional protection of freedom of the press precluded liability, even if the subject desired greater privacy.

Invasion of PrivacyCivil Rights LawFreedom of the PressSummary JudgmentDefamationIntentional Infliction of Emotional DistressPrima Facie TortNewsworthinessIncidental UsePublic Street
References
20
Case No. MISSING
Regular Panel Decision

De Los Santos v. City of New York

Plaintiff Alsacia De Los Santos sued the City of New York, NYPD, and Lt. Christopher Pasquerelli, alleging retaliation under 42 U.S.C. § 1983 and state/municipal human rights laws. De Los Santos claimed Lt. Pasquerelli retaliated against her for reporting a sexual encounter between two police officers, Lt. Kevin Leddy and Officer Tara Eckert. The defendants moved for summary judgment, arguing the plaintiff failed to state a First Amendment claim, could not show municipal liability, and failed to state a claim under human rights laws. The Court granted the defendants' motion, finding that the plaintiff's conversations about the sexual encounter did not constitute speech on a matter of public concern for First Amendment purposes. Additionally, the court found she could not reasonably believe she was reporting sexual harassment under human rights laws.

RetaliationFirst AmendmentPublic ConcernSummary JudgmentSexual HarassmentNYPDPolice MisconductEmployment DiscriminationMunicipal LiabilityQualified Immunity
References
33
Case No. MISSING
Regular Panel Decision

Figueiredo Ferraz Consultoria E Engenharia De Projeto Ltda. v. Republic of Peru

Figueiredo Ferraz Consultoria E Engenharia de Projeto Ltda. (Plaintiff) had petitioned to confirm a $21 million arbitration award against the Republic of Peru, Ministerio de Vivienda, Construcción y Saneamiento, and Programa Agua Para Todos (Defendants). The Court dismissed the action due to forum non conveniens following a mandate from the Court of Appeals. Subsequently, Defendants moved for attorneys' fees and costs amounting to over $1.1 million. The Court denied this motion, ruling that the Federal Arbitration Act (FAA) governs the availability of attorneys' fees, and neither the FAA nor the parties' original agreement provides for such an award. The Court also rejected arguments regarding the applicability of Peruvian law and any alleged concession by the Plaintiff on fees.

Arbitration AwardForum Non ConveniensAttorneys' FeesFederal Arbitration ActInternational ArbitrationJudicial DiscretionContractual DisputeCivil ProcedureSecond CircuitMotion to Dismiss
References
14
Case No. MISSING
Regular Panel Decision

Martin v. E.I. DuPont De Nemours & Co.

Plaintiff Barbara E. Martin filed an action under the Employees’ Retirement Income and Security Act (ERISA), alleging wrongful denial of total and permanent disability benefits by her former employer, E.I. DuPont de Nemours and Company. The case was referred to Magistrate Judge Leslie G. Foschio, who recommended granting DuPont's motion for summary judgment. Plaintiff filed objections to the Report and Recommendation. District Judge Arcara, upon a de novo review, adopted the proposed findings. The court determined that DuPont's denial of benefits was not arbitrary and capricious, as Martin failed to provide sufficient medical evidence to demonstrate a total and permanent disability as defined by the Plan, particularly regarding her condition immediately prior to termination. Consequently, DuPont's motion for summary judgment was granted, and the case was dismissed.

ERISADisability BenefitsSummary JudgmentArbitrary and Capricious StandardDe Novo ReviewTotal and Permanent DisabilityMedical EvidenceRotator Cuff InjuryImpingement SyndromeChronic Tendinitis
References
17
Case No. 2025 NY Slip Op 02309
Regular Panel Decision
Apr 23, 2025

Buchanan v. De Orio

The plaintiff, John Buchanan, was injured after falling from a ladder while cleaning gutters at the defendants' two-family home. He had previously installed the gutters. Buchanan commenced an action against the homeowners, Michael De Orio et al., alleging violations of Labor Law §§ 200, 240 (1), 241 (6), and common-law negligence. The Supreme Court granted the defendants' motion for summary judgment and denied the plaintiff's cross-motion, finding the homeowner's exemption applied to the Labor Law §§ 240 (1) and 241 (6) claims due to no direction or control by the defendants. For the Labor Law § 200 and common-law negligence claims, the court determined the defendants lacked authority to supervise or control the work. The Appellate Division affirmed the Supreme Court's decision.

Homeowner's ExemptionLabor Law § 240 (1)Labor Law § 241 (6)Labor Law § 200Common-Law NegligenceFall from LadderSafe Place to WorkSummary JudgmentAppellate ReviewTwo-Family Dwelling
References
10
Case No. MISSING
Regular Panel Decision

Centro De La Comunidad His-pana De Locust Valley v. Town of Oyster Bay

The Town of Oyster Bay enacted an ordinance in 2009 prohibiting individuals from stopping vehicles in public rights-of-way to solicit work and drivers from stopping to solicit employees. Plaintiffs, Centro De La Comunidad Hispana De Locust Valley and The Workplace Project, challenged the ordinance, arguing it violated their First Amendment rights. The Court found that the ordinance regulated commercial speech and applied the Central Hudson test. While acknowledging the Town's substantial interest in traffic safety and public welfare, the Court concluded that the ordinance was not narrowly tailored. It deemed the ordinance unconstitutional due to its overbreadth, as it prohibited lawful expressive conduct that did not necessarily pose a threat to safety, and noted the availability of less speech-restrictive alternatives. Therefore, the plaintiffs' motion for summary judgment was granted.

First AmendmentCommercial SpeechOrdinanceSolicitation of EmploymentConstitutional OverbreadthSummary JudgmentDay LaborersPublic Right-of-WayTraffic SafetyContent-Based Restriction
References
55
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