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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

Webb v. Goldstein

James Webb, a New York State prisoner, sued various district attorneys, prison officials, parole officers, and a doctor under 42 U.S.C. § 1983, alleging violations of his federal constitutional rights related to his 1997 conviction for rape, sodomy, arson, and robbery. Webb also claimed inadequate medical treatment by Sullivan Correctional Facility staff. The court dismissed Webb's § 1983 claims challenging his conviction as premature and the claims regarding disclosure of medical records for failing to state a federal right or being barred by qualified immunity. The court also dismissed the claim against Dr. Avellini for negligence, stating it did not rise to the level of deliberate indifference. Remaining federal and state claims against medical staff were transferred to the Southern District of New York, and state law claims against other defendants were transferred to New York Supreme Court for Kings County, with the case being marked closed.

Civil RightsPrisoner RightsSection 1983Constitutional LawFourth AmendmentFifth AmendmentEighth AmendmentFourteenth AmendmentRight to PrivacyQualified Immunity
References
36
Case No. MISSING
Regular Panel Decision
Feb 01, 1989

Murphy v. Blum

Donald Murphy, an NBA referee, underwent a physical examination by defendant Dr. Richard Blum and a stress test analyzed by Blum, which was found "abnormal." The results were communicated to the NBA and Murphy's personal physician. Following a a cardiac arrest that ended his career, Murphy sued Dr. Blum for medical malpractice. The Supreme Court, Nassau County, dismissed the complaint, ruling that no physician-patient relationship existed between Murphy and Dr. Blum because Blum was retained solely by the NBA for an examination, not for treatment. The Appellate Division affirmed the dismissal, upholding that a doctor engaged for examination purposes only assumes duties associated with those functions, not duties concerning treatment or expert opinions.

Medical MalpracticePhysician-Patient RelationshipDuty of CareComplaint DismissalCPLR 3211(a)(7)Appellate ReviewProfessional Sports InjuryPre-employment ExaminationNo Physician-Patient RelationshipAffirmation of Order
References
3
Case No. MISSING
Regular Panel Decision

Webb v. Kenney

Webb, a surgical resident, sued the State University of New York at Stony Brook and its officials after his one-year appointment was not renewed. He alleged due process violations and breach of contract, claiming a property interest in a five-year residency and entitlement to a hearing before non-renewal. The defendants moved to dismiss, arguing Webb had no federally protected right to re-appointment. The court granted the motion, finding Webb's appointment letter and the Surgical Resident Manual clearly indicated a year-to-year temporary position with renewal at the sole discretion of the department director. The court concluded that due process protections applied only to dismissals during a term, not to the expiration or non-renewal of an annual contract, thus Webb had no legal entitlement to re-appointment or a hearing. Consequently, the court also declined to exercise pendent jurisdiction over Webb's state law claims.

Due ProcessProperty InterestEmployment ContractResidency ProgramNon-renewalMotion to DismissFederal Rules of Civil ProcedureEleventh Amendment ImmunityQualified ImmunityState Law Claims
References
16
Case No. MISSING
Regular Panel Decision
Sep 01, 1994

Hunt v. Hunt

This case involves an appeal stemming from a dispute between two brothers, Donald and Edward G. Hunt, over the ownership of Hunt Brothers Contractors, Inc. Donald commenced an action claiming 50% shareholder ownership in the corporation and seeking an accounting, which Edward denied. Edward counter-sued for money damages, alleging Donald improperly withdrew funds from joint bank accounts. The Supreme Court dismissed Donald's claim and ruled in favor of Edward in the second action. Donald appealed, but the appellate court affirmed the lower court's judgment. The court found that Donald failed to prove his 50% ownership claim by a preponderance of the evidence, noting inconsistencies in his statements and lack of capital contribution. The appellate court also deferred to the trial court's assessment of witness credibility, and Donald abandoned his appeal regarding the damages awarded to Edward.

Shareholder disputeCorporate ownershipFamily business disputeEvidentiary burdenCredibility assessmentAppellate reviewJoint bank accountsBusiness assetsStock ownershipCorporate records
References
9
Case No. 534402
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Donald Oberg

Donald Oberg, an automobile mechanic, appealed a Workers' Compensation Board decision denying his request to amend his claim to include bilateral shoulder injuries. Oberg had an established claim for neck injuries from an August 2020 work-related motor vehicle accident. Conflicting medical opinions arose regarding the causal relationship of his bilateral shoulder injuries, with his treating orthopedist, Joseph Giovinazzo, opining they were causally related, and independent medical examiner Vito Loguidice concluding they were not. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Board rescinded this, crediting Loguidice's opinion based on medical evidence and accident video. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the Board's determination to disallow the amendment.

Workers' CompensationShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DecisionConflicting Medical OpinionsMotor Vehicle Accident
References
5
Case No. 2020 NY Slip Op 00923 [180 AD3d 446]
Regular Panel Decision
Feb 06, 2020

Denson v. Donald J. Trump for President, Inc.

Jessica Denson, a former employee of Donald J. Trump for President, Inc., filed a lawsuit alleging sex discrimination and hostile work environment, which led to the campaign initiating arbitration for alleged breaches of her non-disclosure and non-disparagement agreement (NDA). The arbitrator issued awards against Denson for disclosing confidential information in a federal action challenging the NDA and for statements on social media. The Supreme Court affirmed these awards, but the Appellate Division, First Department, reversed the judgment and vacated the arbitration awards. The appellate court ruled that penalizing Denson for statements made in a judicial proceeding violated strong public policy protecting freedom of expression in court. Furthermore, the arbitrator exceeded his authority by considering events that occurred after the initial demand for arbitration, making the entire award invalid.

Arbitration award vacaturNon-disclosure agreement (NDA)Non-disparagement agreementPublic policyArbitrator authorityJudicial privilegeAppellate reviewEmployment disputeSex discriminationHostile work environment
References
39
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. CA 12-00454
Regular Panel Decision
Sep 28, 2012

DONALD BRAASCH CONSTRUCTION, INC. v. STATE INSURANCE FUND

Plaintiffs Donald Braasch Construction, Inc. (DBC) and CNA Insurance Company sought a declaration that defendant State Insurance Fund was conditionally obligated to indemnify them in an underlying personal injury lawsuit. The lawsuit stemmed from an accident in March 1994, and the personal injury plaintiffs commenced the lawsuit in April 1995. DBC failed to notify the defendant insurer until May 1997, prompting the defendant to disclaim coverage due to untimely notice. Plaintiffs moved for summary judgment, seeking reimbursement for half of the settlement amount and defense costs in the underlying lawsuit. The Supreme Court denied the motion, finding existing questions of fact regarding the reasonableness of the delay. The Appellate Division affirmed the Supreme Court's order, concluding that there remained triable issues of fact concerning whether DBC's belief in noncoverage for the accident and resultant litigation was reasonable.

Insurance coverageTimely noticeDisclaimer of coverageSummary judgmentReasonable excuseNoncoverageAppellate DivisionPersonal injuryIndemnificationDefense costs
References
11
Case No. MISSING
Regular Panel Decision

Matter of Kover

Attorneys Burton Citak and Donald L. Citak appealed orders that imposed sanctions and denied legal fees related to an article 81 guardianship proceeding for Eva Dworecki, an alleged incapacitated person. The attorneys were sanctioned for frivolous conduct, including making misrepresentations and false statements in court filings and arguments, and accusing the court of misconduct, despite previously consenting to the guardianship. The appellate decision, in this concurring opinion by Tom, J.P., found ample support for the Supreme Court's finding that the attorneys' conduct warranted sanctions. The matter was remanded for further proceedings to determine the appropriate costs, reduce the award to judgment, and set reasonable legal fees for the Citak firm's representation of Dr. Dworecki prior to the frivolous filings.

SanctionsAttorneysGuardianshipArticle 81Frivolous ConductAppellate ReviewProfessional MisconductLegal FeesCostsCourt Orders
References
0
Case No. ADJ2500591 (MON 0340362) ADJ1965867 (LBO 0302615)
Regular
May 13, 2011

Kenneth Tarvin vs. ROADWAY EXPRESS, Administered by GALLAGHER BASSET SERVICES

This case involves a lien claimant, Dr. Kenneth Webb, seeking reconsideration of a decision that limited his reimbursement for applicant Kenneth Tarvin's medical treatment. Dr. Webb argued for reimbursement for more than the allowed 24 visits, citing two separate injuries and post-surgical treatment exemptions. However, the Appeals Board denied his petition, finding insufficient substantial medical evidence to rebut the established treatment guidelines or support treatment for the cumulative trauma claim. The Board affirmed the original finding of entitlement to payment for 22 treatments at the reasonable value of services rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings of Fact and OrderReasonable Value of Services (RVS)Labor Code 4604.5(d)(1)24 visit capIndustrial InjuryCumulative TraumaCompromise and Release (C&R)
References
8
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