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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

Salustio v. 106 Columbia Deli Corp.

Ruben Salustio and Arturo Vivaldo sued 106 Columbia Deli Corporation and Ibrahim Alzubairy for unpaid wages and overtime under the FLSA and NYLL. The court dismissed FLSA claims as the defendants' gross annual sales were below the $500,000 enterprise coverage threshold, but retained supplemental jurisdiction over the state law claims. The court found Vivaldo was underpaid due to an invalid tip credit and unpaid overtime, and both plaintiffs were entitled to statutory damages for lack of proper wage notices and statements. Salustio was awarded $2,500, while Vivaldo received $16,428.66 in unpaid wages, liquidated damages, and prejudgment interest.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and HourOvertime PayMinimum WageTip CreditStatutory DamagesLiquidated DamagesPrejudgment InterestEnterprise Coverage
References
48
Case No. 2018 NY Slip Op 01280 [158 AD3d 582]
Regular Panel Decision
Feb 27, 2018

Gonzalez v. 1225 Ogden Deli Grocery Corp.

Plaintiff Javier Garcia Gonzalez, hired by a deli to paint a sign, fell from an unsecured A-frame ladder, sustaining fractured ribs and injuries requiring surgery. He moved for partial summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against defendant property owner Pont Eleve Associates. The Supreme Court denied the motion. The Appellate Division, First Department, modified the order, granting partial summary judgment solely on the Labor Law § 240 (1) claim. The court found plaintiff established a prima facie case with unrebutted testimony, while defendant's opposition, based on unsworn and previously undisclosed hearsay statements, was insufficient to raise a triable issue of fact.

Labor LawLadder AccidentSummary JudgmentHearsay EvidenceWitness StatementsAppellate ReviewPremises LiabilityConstruction SafetyUnsecured LadderPersonal Injury
References
9
Case No. 680/2025
Regular Panel Decision
Nov 07, 2025

Matter of Hans-Gaston v. Sunshine

This Article 78 special proceeding concerns a challenge by Petitioner Principal Hans-Gaston against the Kings County Clerk's protocol for processing applications to remove actions from lower courts to the Supreme Court. The Petitioner argued that the Clerk improperly required the commencement of a new special proceeding or action for motions made pursuant to CPLR 325(b), which mandates that such applications be made by motion. The Court meticulously analyzed the distinctions between motions and special proceedings, emphasizing that a special proceeding requires explicit statutory authorization, which is absent for CPLR 325(b) motions. The decision concludes that the County Clerk's protocol is improper and contrary to law. Consequently, the Court granted the petition in part, directing the Respondent to accept properly filed CPLR 325(b) motions without compelling the initiation of a new special proceeding or action.

CPLR Article 78MandamusMinisterial DutySpecial ProceedingMotion PracticeCase RemovalCourt JurisdictionCounty Clerk ProtocolCivil ProcedureStatutory Interpretation
References
29
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision

Leyh v. Property Clerk of the City of New York Police Department

Plaintiff Evelyn Leyh initiated a federal action against the New York City Police Department and its Property Clerk, seeking the return of her seized automobile and alleging constitutional violations. She claimed deprivation of property without due process, that the forfeiture provision of the New York City Administrative Code constituted a bill of attainder, and malicious prosecution. While a state court had previously ruled in her favor regarding the forfeiture, the federal court addressed her remaining claims. The court granted summary judgment to the defendants on the due process and bill of attainder claims, upholding the constitutionality of the property seizure procedures based on prior federal rulings. Additionally, the federal court declined to exercise supplemental jurisdiction over the state law malicious prosecution claim, dismissing it as all federal claims had been resolved.

Due ProcessBill of AttainderMalicious ProsecutionSummary JudgmentCivil ForfeitureAutomobile Seizure42 U.S.C. § 1983Supplemental JurisdictionFederal CourtState Law Claims
References
13
Case No. 13-CV-7588 (RWS)
Regular Panel Decision
Apr 09, 2014

New York State Court Clerks Ass'n v. Unified Court System

The New York State Court Clerks Association and Monica Shaw Burns filed a lawsuit against several New York State Judges, the Unified Court System (UCS), and the Office of Court Administration (OCA), alleging violations of the Fair Labor Standards Act (FLSA) due to uncompensated overtime work. The defendants moved to dismiss the amended complaint, citing Eleventh Amendment sovereign immunity. The court granted the motions, ruling that the Eleventh Amendment bars claims against UCS, OCA, and the State Judges in their official capacities, as Congress did not abrogate state sovereign immunity under the FLSA. The court also found that plaintiffs failed to adequately allege that the State Judges were 'employers' under the FLSA's 'economic reality' test, and that employees cannot seek injunctive relief under FLSA. Consequently, the amended complaint was dismissed with prejudice.

Overtime WagesFair Labor Standards ActEleventh Amendment ImmunitySovereign ImmunityDeclaratory Judgment ActMotion to DismissSubject Matter JurisdictionState Judicial OfficialsOfficial Capacity SuitEconomic Reality Test
References
63
Case No. MISSING
Regular Panel Decision

Mead v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees

A General Chairman of the Brotherhood of Railway, Airline and Steamship Clerks (B.R.A.C.) sought an injunction against the International Union to prevent the transfer of funds from local lodge treasuries to a new Express Division in New York City, alleging a violation of 29 U.S.C. § 501(a) due to potential fund mismanagement. Defendants moved to dismiss, claiming the transfers were approved and lacked proof of present fiscal mismanagement. The court, adopting a restrictive view of Section 501 focused solely on financial dealings, determined that the plaintiff's claims, without evidence of current mismanagement, did not establish a legally cognizable cause of action. Therefore, the defendants' motion to dismiss the complaint was granted.

Union DisputesLabor UnionsInter-union Funds29 U.S.C. 501Injunctive ReliefMotion DismissalRestrictive Statutory InterpretationFinancial OversightOrganizational ReorganizationFederal Labor Law
References
5
Case No. 2024 NYSlipOp 01671 [225 AD3d 536]
Regular Panel Decision
Mar 26, 2024

Carranza v. Memorial Hosp. for Cancer & Allied Diseases

The Appellate Division, First Department, modified a Supreme Court order concerning a construction accident where plaintiff Delis Vasquez Carranza was injured by a falling 150-pound panel in an elevator shaft. The Appellate Division granted the plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim, determining that the injury resulted from a falling object that should have been secured by a safety device. Concurrently, it affirmed the dismissal of Labor Law § 200 and common-law negligence claims against defendant Turner Construction Company. The court concluded that these claims were properly dismissed because the accident stemmed from the means and methods of the work, which were directed and controlled by the plaintiff's employer, and the general contractor's general supervisory powers were insufficient to establish liability for such claims.

Labor Law 240(1)Falling Object InjuryConstruction Site AccidentSummary Judgment MotionAppellate Division DecisionGeneral Contractor ResponsibilityEmployer ControlWorkplace Safety ViolationsElevator Shaft IncidentNegligence Dismissal
References
4
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision

Privatera v. Yellow Cab Co.

A 75-year-old clerk for Yellow Cab Company was assaulted by a co-employee, Cross, after an incident where the clerk referred two women looking for drivers to other idle employees. Cross wrongly believed the clerk had used inappropriate language, leading to a physical altercation that injured the clerk's hip. The Workers' Compensation Board affirmed an award, determining the initial interaction was work-related, establishing a nexus between the employment and the assault. The employer appealed, arguing it was a personal dispute. The court upheld the Board's finding, stating that substantial evidence supported the work-related nexus, making the injury compensable.

Workers' CompensationWorkplace AssaultCourse of EmploymentPersonal AnimosityWork-Related InjurySubstantial EvidenceCompensabilityNexus to EmploymentCo-employee DisputeHip Injury
References
5
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