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Case Law Database

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

Case No. 2015 NY Slip Op 02068 [126 AD3d 537]
Regular Panel Decision
Mar 17, 2015

Matter of State of New York Off. of Mental Health v. Dennis J.

The Appellate Division, First Department, affirmed an order committing Dennis J. to a secure treatment facility after findings of mental abnormality and dangerousness as a sex offender. The court upheld the Supreme Court's decision to permit an expert to testify about an email from a social worker treating Dennis J., rejecting arguments regarding HIPAA and due process as unpreserved or without merit. It found the expert testimony reliable and its probative value outweighed potential prejudice, with the jury properly instructed. The decision underscores the court's discretion in admitting expert testimony in civil commitment proceedings.

Mental Health LawSex OffenderCivil CommitmentExpert TestimonyHIPAADue ProcessAppellate ReviewMental AbnormalityDangerous Sex OffenderEvidentiary Rules
References
7
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
Case No. 2024 NY Slip Op 03627 [229 AD3d 1116]
Regular Panel Decision
Jul 03, 2024

Dennis v. Cerrone

Plaintiff Joseph Dennis, an appellant, was injured after falling through an unguarded hole while working on a residential construction project for defendant Vincent Cerrone. He commenced an action against Cerrone and Mark Cerrone, Inc. (MCI), asserting causes of action for common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The case involved several appeals and a retrial, with the Supreme Court ultimately rendering a verdict in favor of MCI and dismissing the amended complaint. On appeal, the Appellate Division, Fourth Department, unanimously affirmed the order, concluding that the verdict was supported by a fair interpretation of the evidence. The court found that MCI did not possess the authority to enforce safety standards or direct and supervise the plaintiff's work, despite some evidence suggesting its involvement in the project.

Construction AccidentLabor Law ViolationsCommon-law NegligenceAppellate ReviewNonjury TrialSummary JudgmentDirected VerdictWeight of EvidenceCredibility DeterminationsSite Superintendent
References
9
Case No. MISSING
Regular Panel Decision
Sep 11, 2012

Jemine v. Dennis

This case concerns a lawsuit brought by multiple employees against their employer, Raven P.D. Dennis, III, and related entities, for violations of the Fair Labor Standards Act and New York Labor Law regarding unpaid wages and overtime compensation. The defendants failed to participate in the litigation, leading to a default judgment on liability. Magistrate Judge Marilyn D. Go issued a report and recommendation on damages, which was subsequently reviewed by District Judge Roslynn R. Mauskopf. The District Court largely adopted the Magistrate Judge's recommendations, granting the plaintiffs' motion for default judgment and damages. The final award included unpaid wages, overtime, liquidated damages, prejudgment interest, attorneys' fees, and costs.

Fair Labor Standards ActNew York Labor LawWage and Hour DisputeOvertime CompensationLiquidated DamagesPrejudgment InterestAttorneys' FeesDefault JudgmentEmployment LawJudicial Review
References
87
Case No. CV-22-1999
Regular Panel Decision
Mar 21, 2024

In the Matter of the Claim of Dennis Schuette

Claimant Dennis Schuette appealed a Workers' Compensation Board decision which ruled he was not entitled to a schedule loss of use (SLU) award for a right wrist injury. The Board affirmed the Workers' Compensation Law Judge's finding that medical permanency opinions from orthopedic surgeons Serge Menkin and Vito Loguidice, both suggesting a 73⅓% SLU, were not credible. This was due to the claimant's failure to disclose his bilateral carpal tunnel syndrome diagnosis, testing, and treatment during their examinations. The Board concluded that Maximum Medical Improvement (MMI) was not clearly established, making any SLU determination premature, and that the relationship between the carpal tunnel syndrome and the 2019 wrist injury remained unclear. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Schedule Loss of UseMaximum Medical ImprovementCarpal Tunnel SyndromeIndependent Medical ExaminationCredibility of Medical TestimonyWorkers' Compensation Board DecisionAppellate DivisionRight Wrist InjuryOccupational Disease ClaimUndisclosed Medical Information
References
5
Case No. 2024 NY Slip Op 03999 [229 AD3d 1307]
Regular Panel Decision
Jul 26, 2024

Bates v. Gannett Co., Inc.

Plaintiffs, including Richard L. Bates, Francis L. Goodsell et al., and Ballard Tackett et al., appealed an order from the Supreme Court, Monroe County, which had granted defendant Gannett Co., Inc.'s motion to stay their Child Victims Act (CVA) actions and refer the claims to the Workers' Compensation Board. The plaintiffs are seeking damages for sexual abuse by a supervisor during their employment in the 1980s. The Supreme Court had also held the plaintiffs' cross-motions to amend their complaints in abeyance. The Appellate Division, Fourth Department, reversed this order, holding that questions concerning the CVA's revival of time-barred workers' compensation claims and the limitation of plaintiffs to such benefits are matters of pure statutory interpretation and law, falling within the court's jurisdiction, not the Workers' Compensation Board's primary jurisdiction. The Appellate Division denied the defendant's motion and remitted the matter to the Supreme Court for further proceedings on these legal questions and to rule on the plaintiffs' cross-motions to amend their complaints.

Child Victims ActSexual AbuseWorkers' CompensationScope of EmploymentPrimary JurisdictionStatutory InterpretationAppellate ReviewRemittalPleading AmendmentCourt Jurisdiction
References
11
Case No. MISSING
Regular Panel Decision
May 20, 1992

Dennis v. Beltrone Construction Co.

Joseph Dennis, an employee, sustained injuries after falling from an unsecured ladder while installing sheetrock on a building project in Albany County. He sued Corporate Woods Partners and Beltrone Construction Company, Inc., the owner and general contractor. The Supreme Court granted partial summary judgment to Dennis on liability under Labor Law § 240 (1) and denied the defendants' cross-motion for contractual and common-law indemnity against the third-party defendant (Dennis' employer). The Appellate Division affirmed the Supreme Court's decision, finding the defendants absolutely liable for failing to provide adequate safety equipment and upholding their overall responsibility for safety on the project. The court also noted factual issues regarding the defendants' own negligence, which precluded their indemnity claim.

Ladder FallConstruction AccidentWorker InjuryAbsolute LiabilitySummary JudgmentIndemnity ClaimGeneral Contractor ResponsibilityOwner LiabilitySafety Equipment FailureElevation-Related Risk
References
13
Case No. 2019 NY Slip Op 07261 [176 AD3d 824]
Regular Panel Decision
Oct 09, 2019

Matter of Nieves v. Nieves

This case involves a child custody dispute between Nicole Nieves (mother) and Dennis Nieves (father), stemming from two related proceedings under Family Court Act article 6. The mother appealed an order from the Family Court, Kings County, which denied her petition for sole legal and physical custody and instead granted the father's petition. The Appellate Division, Second Department, affirmed the Family Court's decision, concluding that the record provided a sound and substantial basis for awarding the father sole custody. This was primarily due to extensive evidence demonstrating the mother and stepfather's deliberate actions to impede the father's parental access and alienate the child from him, conduct deemed inconsistent with the child's best interests. In contrast, the father proved capable of fostering a meaningful relationship between the child and the noncustodial parent, offering a calmer and more stable environment for the child.

Child CustodyParental AlienationBest Interests of the ChildFamily Court ActSole Legal and Physical CustodyAppellate DivisionParental AccessForensic EvaluationCustody DeterminationInterference with Parental Rights
References
14
Case No. MISSING
Regular Panel Decision

Dennis v. Colvin

Plaintiff Alicia B. Dennis challenged an Administrative Law Judge's denial of her disability benefits application under the Social Security Act. The District Court reviewed cross-motions for judgment on the pleadings. The court found that the ALJ failed to properly evaluate Plaintiff's coronary artery disease by interpreting diagnostic evidence without supporting medical opinions on functional limitations. This error rendered the ALJ's Residual Functional Capacity finding unsupported by substantial evidence. Consequently, the court granted Plaintiff's motion, denied Defendant's motion, and remanded the case for the ALJ to obtain further medical opinion evidence consistent with the decision.

Disability BenefitsSocial Security ActAdministrative Law JudgeRemandMedical EvidenceCoronary Artery DiseaseResidual Functional CapacityTreating Physician RuleALJ ErrorJudicial Review
References
26
Case No. 2020 NY Slip Op 01299 [180 AD3d 596]
Regular Panel Decision
Feb 25, 2020

Pizarro v. Dennis James Boyle, Inc.

This case concerns an appeal from an order of the Supreme Court, New York County. The order granted the third-party defendant's (Complete Copper) motion to dismiss the third-party complaint and denied the third-party plaintiff's (Boyle) cross-motion to strike an affirmative defense based on the Workers' Compensation Law. The Appellate Division, First Department, affirmed the lower court's decision. The court found that Complete Copper established prima facie that it was entitled to Workers' Compensation Law § 29 (6) protections by demonstrating it was the alter ego of Norske, Inc., the plaintiff's employer in his Workers' Compensation claim. Evidence showed shared ownership, staff, office space, and insurance policies between Complete Copper and Norske, Inc.

Appellate ReviewThird-Party ComplaintMotion to DismissCross-MotionAffirmative DefenseWorkers' Compensation LawSpecial EmploymentAlter Ego DoctrineSummary JudgmentPrima Facie
References
6
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