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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

In re Dean

The case concerns the extension of placement for James R. Dean, previously adjudicated a juvenile delinquent, with the New York State Division for Youth. A petition was filed by Jenny A. Sheehan, a youth service team-worker, asserting Dean's need for continued structure and control due to difficulties in less structured settings, including running away, alcohol involvement, petit larceny, and arson. A key legal issue addressed was whether Dean's conviction for escape and subsequent sentence to a county correctional facility discharged him from the Division for Youth's custody. The court analyzed various Correction Law sections, concluding that a county correctional facility is not an 'institution in the Department of Correctional Services' and thus did not cause a discharge. The court ultimately decided to extend Dean's placement until his 18th birthday, April 30, 1982, emphasizing his potential and the necessity of a structured environment.

Juvenile DelinquencyPlacement ExtensionDivision for YouthCorrection Law InterpretationExecutive LawPenal LawCounty Correctional FacilityState Department of Correctional ServicesLocal Correctional FacilityAWOL
References
0
Case No. MISSING
Regular Panel Decision
May 08, 1996

Nationwide Insurance v. Dean

This case involves an appeal by Nationwide Insurance Company from an order and judgment by the Supreme Court, Kings County. The initial order confirmed an arbitration award in favor of respondent Rosemary Dean and denied Nationwide's cross-motion to modify or vacate the award. Nationwide sought to reduce the award by the workers' compensation benefits Dean received, totaling $28,612.13, as per her automobile liability policy's terms. The appellate court modified the order, granting Nationwide's cross-motion to offset Dean's underinsured motorist benefits with her workers' compensation payments. As a result, Rosemary Dean's arbitration award was confirmed only for the principal amount of $21,387.87, plus prejudgment interest, a reduction from the original $40,000.

Uninsured MotoristUnderinsured MotoristArbitration AwardInsurance PolicyWorkers' Compensation OffsetPolicy LimitsAppellate ReviewModification of AwardPrejudgment InterestAutomobile Insurance
References
3
Case No. MISSING
Regular Panel Decision
Feb 23, 1995

Hansen v. Dean Witter Reynolds Inc.

Plaintiff Michele Hansen brought an action against her former employer, Dean Witter Reynolds Inc., alleging sex and pregnancy discrimination under Title VII, the Pregnancy Discrimination Act, and the New York Human Rights Law. Hansen claimed her termination from her position as Assistant Vice President/Intermediate Mortgage-Backed "Repo" Trader was discriminatory. Following a bench trial, the court found that Hansen failed to establish that Dean Witter terminated her on the basis of her sex or pregnancy, or that the employer's stated reasons for termination were pretextual. The court also denied Hansen's motion for sanctions related to the destruction of trading tickets, concluding that Dean Witter was not on notice of the tickets' specific relevance to the litigation. Consequently, the plaintiff's complaint was dismissed.

Sex DiscriminationPregnancy DiscriminationEmployment TerminationTitle VIINew York Human Rights LawPretext for DiscriminationHostile Work Environment ClaimSpoliation of EvidenceRule 37(b) SanctionsBurden of Proof
References
11
Case No. MISSING
Regular Panel Decision

Dean v. Tower Insurance

Plaintiffs Douglas and Joanna Dean purchased a home and obtained a homeowners' insurance policy from Tower Insurance Company of New York. Following the discovery of extensive termite damage, the plaintiffs undertook significant repairs, preventing them from immediately moving into the property. Before they could establish full residency, a fire completely destroyed the house. Tower Insurance Company disclaimed coverage, asserting the dwelling was unoccupied and thus did not qualify as a 'residence premises' under the policy's terms. The court found that the term 'residence premises,' defined only as 'where you reside' and with 'reside' undefined, was ambiguous in these circumstances, precluding summary judgment for the insurer. The decision highlighted factual issues regarding Douglas Dean's daily presence at the property and his intent to move in, citing other legal interpretations of occupancy in insurance contexts. The Appellate Division's order, which found the policy ambiguous, was affirmed.

Homeowners InsurancePolicy InterpretationContract AmbiguityResidency RequirementOccupancy ClauseFire DamageDisclaimer of CoverageSummary Judgment StandardsInsurance Contract BreachProperty Insurance
References
12
Case No. MISSING
Regular Panel Decision

Dean v. Crane

Petitioner Deborah Dean moved to vacate a Queens County Family Court order granting custody of her daughter, Robin, to respondent George Crane, seeking to reinstate a prior Colorado District Court order or refer the matter to Colorado. The Queens Order was issued on default after the father alleged the mother exposed Robin to domestic violence and instability. This court determined that the Queens Family Court had 'emergency jurisdiction' to issue its order, despite potential issues with the Parental Kidnaping Prevention Act (PKPA) due to the mother's failure to raise the issue earlier. However, considering the default nature of the Queens Order and the mother's alleged recovery, the court directed a plenary fact-finding hearing based on the 'best interests' of the child. The court also ruled that this hearing should take place in New York, as Robin has resided with her father there for nearly two years.

Child CustodyFamily LawSubject Matter JurisdictionEmergency JurisdictionUniform Child Custody Jurisdiction ActParental Kidnaping Prevention ActDefault JudgmentBest Interests of the ChildInterstate Custody DisputeVacatur of Order
References
10
Case No. 2023 NY Slip Op 04753
Regular Panel Decision
Sep 27, 2023

Garcia v. 1000 Dean, LLC

The plaintiff, a carpenter, sustained injuries after his foot was caught in an uncovered hole at a construction site owned by the defendant, 1000 Dean, LLC. The plaintiff sued, alleging a violation of Labor Law § 241 (6) predicated on 12 NYCRR 23-1.7 (e) (1). Following a trial, a jury rendered a verdict in favor of the defendant. The plaintiff moved to set aside the verdict or for a new trial, but the Supreme Court, Kings County, denied the motion. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order. The appellate court concluded that the jury's verdict was based on a fair interpretation of the evidence, noting testimony that the general contractor routinely covered holes and that the plaintiff's own negligence could have been the sole proximate cause of his injuries. The court found a valid line of reasoning for the jury's conclusion that the defendant did not violate Labor Law § 241 (6).

personal injuryconstruction accidentLabor LawIndustrial Codejury verdictweight of evidencejudgment as a matter of lawproximate causeuncovered holepremises liability
References
11
Case No. MISSING
Regular Panel Decision

Dean v. Westchester County P.R.C.

Plaintiff Todd Dean filed an action under the Americans with Disabilities Act (ADA) against the Westchester County Department of Parks, Recreation and Conservation and Westchester County. He alleged disability discrimination, including wrongful termination, failure to hire, failure to promote, and unequal terms of employment, citing depression, anxiety, and post-traumatic stress disorder as his disabilities. The defendant moved to dismiss the plaintiff's amended complaints, arguing a failure to adequately plead a disability under the ADA and discriminatory treatment. The court granted the defendant's motion, dismissing the complaint with prejudice, based on the plaintiff's failure to demonstrate that his alleged impairment substantially limited a major life activity as legally defined. The court also disregarded the defendant's motion under Rule 11(a) of the Federal Rules of Civil Procedure.

ADADisability DiscriminationEmployment TerminationFailure to PromoteMajor Life ActivitySubstantial LimitationDepressionAnxietyPost-Traumatic Stress DisorderMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision

Dean v. United States

The government sought reconsideration of the grant of Kevin Dean's coram nobis petition, arguing preclusion and requesting discovery on three elements for coram nobis relief. The court rejected the government's preclusion argument as waived and without merit. It denied discovery on 'continuing legal consequences' and 'compelling reasons,' finding Dean's job termination a clear civil consequence and actual innocence not a prerequisite for the writ. However, the court granted the government's request for discovery on the element of 'undue delay,' allowing inquiry into Dean's awareness of the conviction's collateral civil consequences prior to his termination.

Coram NobisReconsideration MotionExpungement of RecordDue ProcessGuilty PleaCollateral EstoppelRes JudicataCriminal Record AccuracyPublic LewdnessCivil Consequences
References
21
Case No. MISSING
Regular Panel Decision
Jun 01, 1995

Dean v. Pepsi-Cola Binghamton Bottlers

Plaintiff Denise Dean sued Pepsi-Cola Binghamton Bottlers under Title VII, alleging discriminatory termination due to pregnancy. A jury found in favor of Dean regarding discriminatory termination on June 1, 1995, but found no cause of action for hostile work environment. The defendant subsequently filed motions for a directed verdict under Fed.R.Civ.P. 50 and a new trial under Fed.R.Civ.P. 59. The court reviewed the extensive and conflicting testimony regarding Dean's job performance and alleged discriminatory comments. Ultimately, the court denied both of the defendant's motions, upholding the jury's original verdict.

pregnancy discriminationTitle VIIemployment lawdiscriminatory terminationjury verdictdirected verdictnew trialRule 50Rule 59circumstantial evidence
References
11
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
3
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