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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

Allen v. Official Employment-Related Issues Committee (In Re Enron Corp.)

On February 6, 2003, 176 former Enron employees (Plaintiffs) filed a Complaint for Declaratory Judgment, seeking a court declaration that bonuses received from Enron were valid and non-avoidable. The Official Employment-Related Issues Committee of Enron Corp. (Employee Committee) responded on March 28, 2003, with a Motion to Dismiss the declaratory judgment action. The Court found the Complaint to be an improper use of the Declaratory Judgment Act, as all potential liability had already accrued from past transactions, and plaintiffs failed to demonstrate substantial prejudice or risk of increased liability. Consequently, the Court granted the Motion to Dismiss, thereby dismissing the Plaintiffs' Complaint and the Adversary Proceeding.

Declaratory Judgment ActMotion to DismissBankruptcy CodeBankruptcy CourtEnronEmployee BonusesAvoidable TransfersJurisdictionFirst Filed RuleVenue

References

Case No. MISSING

Regular Panel Decision

Anderson v. Local Union No. 3, International Brotherhood of Electrical Workers

This opinion addresses a declaratory judgment action brought by Madison Square Garden Center, Inc. and Madison Square Garden Corporation (collectively, "the Garden") against Local Union No. 3, International Brotherhood of Electrical Workers ("Local 3"). The Garden sought a declaration that they are not liable to Local 3 for contribution or indemnification concerning a judgment previously entered against Local 3 in antecedent civil rights litigation (Ingram v. Madison Square Garden Center, Inc. and Anderson v. Madison Square Garden Center, Inc.). In those prior actions, Local 3 was found liable for intentional discriminatory hiring practices under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The Court, presided over by Judge Sand in the Southern District of New York, granted the Garden's motion for summary judgment. The decision ruled that federal law governs, precluding contribution and indemnification under Title VII based on Northwest Airlines, Inc. v. Transport Workers. Furthermore, even if contribution were theoretically available under § 1981, it would not lie for an intentional tortfeasor, and any such claim would be defeated by a release given to the Garden by the original plaintiffs. Indemnity was also denied on similar grounds, emphasizing that an intentional tortfeasor cannot escape liability for deliberate wrongdoing.

Declaratory JudgmentSummary JudgmentContributionIndemnificationCivil Rights Act of 1964Title VII42 U.S.C. § 1981Employment DiscriminationIntentional TortFederal Common Law

References

Case No. MISSING

Regular Panel Decision

Dempsey v. City of Troy

A firefighter, injured in 1965, was placed on disability in 1973. An application for accidental disability retirement benefits was denied due to late notice. In 1983, after being ordered to light duty, the firefighter requested and was approved for retirement. Subsequently, the firefighter sued the employer for negligence in failing to file the accident notice and for improper termination of full salary under General Municipal Law § 207-a. The Supreme Court denied summary judgment for both parties and converted the negligence claim to a declaratory judgment action. The Appellate Division affirmed this decision, ruling that the plaintiff failed to state a cause of action in negligence and that a material issue of fact regarding the voluntariness of the firefighter's retirement precluded summary judgment on benefits entitlement.

Firefighter DisabilityGeneral Municipal LawRetirement BenefitsSummary Judgment AppealDeclaratory Judgment ConversionNegligence ClaimVoluntary RetirementAccidental Disability RetirementTimely NoticeLight Duty Assignment

References

Case No. MISSING

Regular Panel Decision

Lewis v. City of Gloversville

A firefighter for the City of Gloversville sought a declaratory judgment to establish his entitlement to benefits under General Municipal Law § 207-a for a knee injury, even though he was not currently disabled. The Supreme Court granted his motion for summary judgment. On appeal, the court held that the action was premature, as declaratory relief is not available for controversies contingent on future events that may never occur, and the statute does not allow for a "status" determination without a present need for benefits. Consequently, the appellate court reversed the Supreme Court's order and judgment, denied the plaintiff's motion for summary judgment, granted the defendants' motion to dismiss, and dismissed the complaint.

Declaratory JudgmentFuture EntitlementFirefighter BenefitsGeneral Municipal Law § 207-aPrematurity DoctrineAdvisory OpinionWorkers' Compensation BoardAppellate ReversalSummary JudgmentMotion to Dismiss

References

Case No. MISSING

Regular Panel Decision

Paschal v. Lykes Bros. Steamship Co.

Heard W. Paschal, a longshoreman, initiated a third-party suit against Lykes Bros. Steamship Co., Inc., the owner of the SS CHARLES LYKES and Paschal's employer. Subsequently, Lykes, joined by its insurer Hartford Accident and Indemnity Company, filed a petition for declaratory judgment. They sought judicial construction of Section 33 of the Longshoremen’s and Harbor Workers’ Compensation Act concerning their continuing liability for compensation payments if Paschal settled his third-party claim. The court, presided over by District Judge Singleton, granted Paschal's motion to strike the petition, finding that no actual or justiciable controversy existed since no settlement had been reached and the Deputy Commissioner had not issued an official ruling. The court also underscored that the Declaratory Judgment Act should not be used to bypass the administrative review procedures mandated by the Longshoremen’s and Harbor Workers’ Compensation Act. A later motion for reconsideration filed by Lykes and Hartford was also denied, with the judge affirming the discretionary nature of declaratory relief and the absence of new facts to warrant a rehearing.

Declaratory JudgmentLongshoremen's and Harbor Workers' Compensation ActActual ControversyJusticiable ControversyAdministrative ProcedureJudicial DiscretionSettlementThird Party ClaimDual Capacity EmployerMotion to Strike

References

Case No. MISSING

Regular Panel Decision

Nationwide Mutual Insurance v. Erie & Niagara Insurance

This case involves a declaratory judgment action between two insurers concerning insurance coverage. The defendant insurer appealed a judgment that granted the plaintiff insurer's motion for summary judgment. The judgment declared that the defendant's farmowner's insurance policy must cover the liability of its insured and their employee arising from an accident involving a 1983 Dodge pick-up truck. The appellate court affirmed the lower court's decision, finding that the policy unambiguously covered the liability. This was based on the truck's registration and exclusive use for farm purposes, and the interpretation that the public highway where the accident occurred fell within the 'insured premises' definition of the policy.

Insurance CoverageFarmowner's PolicyDeclaratory JudgmentSummary JudgmentVehicle and Traffic LawPolicy InterpretationInsured PremisesFarm VehicleAppellate ReviewContract Law

References

Case No. MISSING

Regular Panel Decision

Certified Multi-media Solutions, Ltd. v. Preferred Contractors Insurance Co. Risk Retention Group, LLC

This case involves a dispute over insurance coverage between Certified MultiMedia Solutions, LTD (Plaintiff) and Preferred Contractors Insurance Company Risk Retention Group, LLC (Defendant) regarding a commercial general liability policy. Plaintiff sought a declaratory judgment that the Defendant is obligated to defend and indemnify it in a third-party action related to a worker's injury by Anthony Balzano. The core dispute centered on the interpretation of Endorsement 23 of the policy, which the Defendant argued limited coverage to $10,000 for bodily injury claims. The Court, however, adopted the Plaintiff's interpretation, finding that the $10,000 limit only applied if the employee sustained a 'grave injury' under New York State Workers’ Compensation Law, which was not the case here. Consequently, the Defendant's motion to dismiss was denied, and the Plaintiff's motion for summary judgment was granted, entitling the Plaintiff to coverage up to the $1,000,000 policy limit.

Insurance Coverage DisputeDeclaratory JudgmentCommercial General Liability PolicyContractual IndemnificationWorkers' Compensation LawGrave Injury DefinitionPolicy InterpretationSummary JudgmentFederal Rules of Civil ProcedureThird-Party Action

References

Case No. MISSING

Regular Panel Decision

Apr 29, 1975

Brewery Workers Pension Fund v. New York State Teamsters Conference Pension & Retirement Fund

In an action for a declaratory judgment and for specific performance of a certain agreement, defendants appeal from a judgment and order (one paper) of the Supreme Court, Queens County, dated April 29, 1975, which, *inter alia,* granted plaintiffs’ motion for summary judgment. Judgment and order affirmed, with $20 costs and disbursements. There are no issues requiring a trial.

Declaratory JudgmentSpecific PerformanceSummary JudgmentAppealAffirmedQueens CountySupreme CourtContract LawJudgment and OrderAppellate Division

References

Case No. MISSING

Regular Panel Decision

Haddad v. City of Albany

The petitioner appealed a Supreme Court judgment that dismissed their application, which combined a CPLR article 78 proceeding and an action for declaratory judgment. The application challenged the respondent's denial of a request to rescind waste removal violation bills issued by the Department of General Services (DGS) of the City of Albany. The Supreme Court had found that the petitioner failed to exhaust administrative remedies and that claims regarding preemption of local waste ordinances by state penal law were without merit. During the pendency of the appeal, the Board of Zoning Appeals (BZA) administratively reviewed the violations, reversing some charges and upholding others. The appellate court affirmed the Supreme Court's judgment, concluding that a violation of the City of Albany's waste code was not a criminal violation under Penal Law § 55.10, and that the petitioner was indeed required to exhaust administrative remedies for their constitutional claims, as these claims implicated specific aspects of the administrative proceeding rather than the administrative scheme itself.

WasteManagementAdministrativeLawMunicipalCodePenalLawExhaustionOfRemediesDeclaratoryJudgmentAppellateReviewEnvironmentalViolationsPublicHealthPropertyMaintenance

References

Case No. MISSING

Regular Panel Decision

Hanley v. Boland

The International Railway Company sought a declaratory judgment and a temporary injunction against the New York State Labor Relations Board, challenging the Board's jurisdiction to order two elections among its employees. The company contended that the petition filed by the Transport Workers Union, Local 162, was insufficient to establish a real controversy concerning representation. The Board had ordered elections to determine the appropriate bargaining unit and representation between the Transport Workers Union and the Frontier Bus and Street Car Union. Justice Russell denied the temporary injunction, ruling that there was no substantial question of the Board's jurisdiction over the subject matter. The court emphasized that any alleged errors in the Board's proceedings should be reviewed in connection with a final order under section 706 of the Labor Relations Act, rather than through an action for a declaratory judgment.

Labor RelationsBargaining UnitUnion ElectionsDeclaratory JudgmentTemporary InjunctionJurisdiction DisputeNew York Labor LawStatutory InterpretationInterlocutory OrdersCourt of Appeals Precedent

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Allen v. Official Employment-Related Issues Committee (In Re Enron Corp.)

Declaratory Judgment ActMotion to DismissBankruptcy CodeBankruptcy CourtEnronEmployee BonusesAvoidable TransfersJurisdictionFirst Filed RuleVenue

References

Case No. MISSING

Regular Panel Decision

Anderson v. Local Union No. 3, International Brotherhood of Electrical Workers

Declaratory JudgmentSummary JudgmentContributionIndemnificationCivil Rights Act of 1964Title VII42 U.S.C. § 1981Employment DiscriminationIntentional TortFederal Common Law

References

Case No. MISSING

Regular Panel Decision

Dempsey v. City of Troy

References

Case No. MISSING

Regular Panel Decision

Lewis v. City of Gloversville

References

Case No. MISSING

Regular Panel Decision

Paschal v. Lykes Bros. Steamship Co.

References

Case No. MISSING

Regular Panel Decision

Nationwide Mutual Insurance v. Erie & Niagara Insurance

Insurance CoverageFarmowner's PolicyDeclaratory JudgmentSummary JudgmentVehicle and Traffic LawPolicy InterpretationInsured PremisesFarm VehicleAppellate ReviewContract Law

References

Case No. MISSING

Regular Panel Decision

Certified Multi-media Solutions, Ltd. v. Preferred Contractors Insurance Co. Risk Retention Group, LLC

References

Case No. MISSING

Regular Panel Decision

Apr 29, 1975

Brewery Workers Pension Fund v. New York State Teamsters Conference Pension & Retirement Fund

Declaratory JudgmentSpecific PerformanceSummary JudgmentAppealAffirmedQueens CountySupreme CourtContract LawJudgment and OrderAppellate Division

References

Case No. MISSING

Regular Panel Decision

Haddad v. City of Albany

WasteManagementAdministrativeLawMunicipalCodePenalLawExhaustionOfRemediesDeclaratoryJudgmentAppellateReviewEnvironmentalViolationsPublicHealthPropertyMaintenance

References

Case No. MISSING

Regular Panel Decision

Hanley v. Boland

Labor RelationsBargaining UnitUnion ElectionsDeclaratory JudgmentTemporary InjunctionJurisdiction DisputeNew York Labor LawStatutory InterpretationInterlocutory OrdersCourt of Appeals Precedent

References

Showing 1-10 of 17,137 results

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