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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
Jul 27, 2007

Hai Ming Lu v. Jing Fong Restaurant, Inc.

Plaintiffs, members of the wait staff at Jing Fong Restaurant, Inc., filed an action alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) concerning minimum wage, overtime, gratuity retention, uniform reimbursement, and retaliation, alongside a breach of contract claim. The defendants, Jing Fong Restaurant, Inc. and six associated individuals, moved for summary judgment. The Court granted summary judgment, dismissing claims related to retaliation, uniform cleaning costs, breach of contract, and the argument that retaining banquet service charges violated NYLL § 196-d, citing New York appellate precedents. However, the motion was denied for claims alleging the illegal use of the gratuity pool to pay restaurant expenses, improper tip credit usage under federal and state law, and management interference in tip distribution. The Court found that genuine issues of material fact remained for trial on these latter points.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Minimum WageOvertime ViolationsGratuitiesTip PoolingService ChargesUniform ReimbursementRetaliationSummary Judgment
References
14
Case No. ADJ8396740
Regular
Jan 13, 2020

AAMIR KAHN vs. Denny's Restaurant

This case involves a dispute over a $11,250.00 bill from QME Dr. Matthew Steiner for a psychological evaluation. Defendant Denny's Restaurant sought reconsideration of an award ordering full payment, arguing the bill was unreasonable. The Appeals Board granted reconsideration, rescinded the original award, and returned the case for further proceedings. This action was based on recent case law clarifying the burden of proof for lien claimants and the procedural requirements for defendants responding to medical-legal bills within 60 days.

WCABPetition for ReconsiderationQualified Medical EvaluatorQMEMedical-legal evaluationLabor Code section 4622Explanation of Review (EOR)Timely objectionsPenaltiesInterest
References
1
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Solis v. SCA Restaurant Corp.

The Secretary of Labor brought an action against SCA Restaurant Corporation and its owner, Luigi Quarta, alleging violations of the Fair Labor Standards Act (FLSA), including failure to pay minimum wage and overtime, inadequate record-keeping, and retaliation. After a bench trial, the court found the defendants liable on all claims, determining their violations were willful. The defendants paid fixed weekly salaries despite employees working over 40 hours, falsified records, and threatened employees for testifying. The court awarded $137,867.12 in unpaid wages, an equal amount in liquidated damages, and $2,000 in compensatory damages for emotional distress. A prospective injunction was also issued to prevent future FLSA violations.

FLSA ViolationsMinimum WageOvertime CompensationRecord Keeping ViolationsEmployee RetaliationWillful ViolationsUndocumented WorkersLiquidated DamagesCompensatory DamagesInjunctive Relief
References
87
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. MISSING
Regular Panel Decision
Mar 12, 1998

In re Mamash Restaurant Corp.

Mamash Restaurant Corporation appealed a decision by the Unemployment Insurance Appeal Board that assessed additional unemployment insurance contributions and a fraud penalty for the audit period of January 1993 through December 1995. The Board's assessment was based on findings that Mamash underreported its employees and failed to produce accurate records. Mamash contended that the Board improperly estimated the number of employees due to physical capacity limitations of its premises. The court affirmed the Board's decision, finding that the Board was justified in its estimated assessment given Mamash's failure to produce records and evidence from a tax auditor's survey. The fraud penalty was also upheld as warranted under the circumstances.

Unemployment InsuranceUnderreporting EmployeesFraud PenaltyEstimated AssessmentEmployee RecordsAudit PeriodAdministrative AppealAppellate DivisionNew York Labor LawEmployer Liability
References
2
Case No. MISSING
Regular Panel Decision
Aug 19, 2013

Joseph v. HDMJ Restaurant, Inc.

Plaintiff Germelia Joseph sued HDMJ Restaurant, Inc. and its owners for discrimination under ADA, Title VII, NYHRL, and New York Labor Law. After initial dismissals of some claims and individual defendants, HDMJ failed to retain counsel, leading to a default. Magistrate Judge Tomlinson recommended granting default judgment in part for Title VII claims (hostile work environment and retaliation) and denying it for ADA claims, finding no disability under the ADA. District Judge Seybert adopted the R&R, awarding Plaintiff $10,650.00 in back pay, prejudgment interest, $30,000.00 in compensatory damages for emotional distress, and $4,371.75 in attorney's fees. The ADA claims were dismissed with prejudice.

Title VII discriminationADA claimsHostile work environmentRetaliationDefault judgmentEmotional distress damagesBack payPre-judgment interestAttorney's feesEmployment discrimination
References
136
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