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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
Aug 08, 2000

Goldberg v. Lorusso

Joel Goldberg, a realtor, sustained a broken hip after being attacked by a German Shepard named Lupo at the home of Robert and Rose LoRusso, which he was attempting to preview for sale. Despite a "Beware of Dog" sign, the property listing indicated the dog would be secured, yet Lupo was unrestrained due to a communication lapse. The Supreme Court initially granted summary judgment to the defendants, finding no prior vicious propensities from the dog. However, the appellate court reversed this decision, reinstating Goldberg's complaint. The court ruled that a factual issue existed regarding the foreseeability of danger posed by an unrestrained dog in a house listed for public viewing by unaccompanied realtors, noting that the defendants usually secured the dog, indicating their awareness of potential issues.

Dog attackPersonal injuryNegligencePremises liabilityProperty owner liabilitySummary judgmentForeseeabilityRealtor injuryGerman ShepardAppellate review
References
8
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. MISSING
Regular Panel Decision

Goldberg v. Corcoran

Donald D. Goldberg, an orthopedic surgeon, challenged the constitutionality of New York Insurance Law § 5108, which limits the fees health service providers can charge under the 'no-fault' motor vehicle insurance act. Goldberg argued the law violated due process, was vague, denied equal protection, and impaired contract rights. The Supreme Court initially dismissed the complaint, and this court reviewed the decision. The appellate court affirmed the dismissal of claims brought on behalf of the fictitious 'John Doe' but found Goldberg's individual claims justiciable. The court ultimately declared Insurance Law § 5108 constitutional, ruling that the fee limitations are a valid exercise of the state's police power aimed at controlling no-fault insurance premiums and are reasonably related to a legitimate state objective. The court concluded that the statute does not infringe upon due process, contract rights, equal protection, or privacy, and modified the judgment to reflect this declaration.

Insurance Law § 5108no-fault insurancemedical fee scheduleconstitutional challengedue processequal protectionright to contractvagueness doctrineprivacy rightsWorkers' Compensation Law
References
14
Case No. MISSING
Regular Panel Decision
May 20, 2007

Guzman v. 4030 Bronx Boulevard Associates L.L.C.

This appeal concerns the preclusion of expert testimony from a neuropsychologist, Dr. Elkhonon Goldberg, regarding the causation of infant plaintiff Tyrone Guzman's neurological deficits. The plaintiff has a history of multiple head traumas, and the lawsuit stems from alleged injuries sustained during a bathroom ceiling collapse. The trial court precluded Dr. Goldberg's testimony due to a lack of objective medical foundation to establish that the June 2001 incident was the proximate cause, subsequently dismissing the complaint. The appellate court agreed with the preclusion of testimony on causation but found an abuse of discretion in denying a continuance to allow plaintiffs to secure another medical expert. The matter was reversed and remanded for further proceedings.

Expert TestimonyNeuropsychologyTraumatic Brain InjuryCausationMotion in LimineContinuanceAppellate ProcedureEvidentiary StandardPersonal InjuryHead Trauma
References
22
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. MISSING
Regular Panel Decision

Rafiy v. Nassau County Medical Center

Dr. M. Pierre Rafiy and Dr. Philip Rafiy (the Rafiys) initiated a civil action against Nassau County Medical Center, Nassau County, Dr. Bruce Meinhard, and Dr. Anthony Angelo. Their claims, brought under 42 U.S.C. § 1983 and the Sherman Act, included deprivation of hospital privileges without due process, racial discrimination, and retaliation for exercising free speech rights. The Defendants sought summary judgment, arguing the revoked assignments were not protected property interests and the Rafiys failed to exhaust state remedies. They also contended that the Rafiys' speech was not protected under the First Amendment and that evidence for discrimination was lacking. The court granted the Defendants' motion for summary judgment on all counts, concluding that no constitutional violations occurred and that the Rafiys' antitrust claim had been withdrawn.

Civil RightsDue ProcessFirst AmendmentEqual ProtectionRacial DiscriminationRetaliationHospital PrivilegesSummary JudgmentSherman ActAntitrust
References
29
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

Binyan Shel Chessed, Inc. v. Goldberger Insurance Brokerage, Inc.

The plaintiff initiated an action seeking damages for negligence and a declaration that Colonial Cooperative Insurance Co. must defend and indemnify them for a 1999 incident involving Abraham Katz. The dispute arose after Goldberger Insurance Brokerage, Inc., American Building Corporation's broker, issued a certificate implying Colonial liability coverage for the plaintiff, which Colonial denied, stating no such policy existed. The Supreme Court initially denied summary judgment motions by both Colonial and Goldberger, deeming them premature. On appeal, the court granted Colonial's motion, dismissing the complaint against it, but affirmed the denial of Goldberger's motion, finding further discovery necessary to address potential fraud concerns regarding the insurance certificate.

NegligenceInsurance LawSummary JudgmentCertificate of InsurancePrivity of ContractFraud ClaimAppellate ReviewInsurance Broker LiabilityAdditional InsuredIndemnification
References
19
Case No. MISSING
Regular Panel Decision

Goldberg v. Village of Spring Valley

Plaintiffs Irving M. Goldberg, Stuart E. Goldberg, and Hyman Cohen, all former employees of the Village of Spring Valley or its Urban Renewal Agency (SVURA), were terminated after actively supporting opposition candidates in a Democratic primary election. They initiated this action, presumably under 42 U.S.C. § 1983, alleging their dismissals were solely for political reasons and violated their First and Fourteenth Amendment rights, seeking reinstatement or damages. Defendants, including Mayor Joel Rosenthal and individual trustees, contended the terminations were part of a legitimate governmental reorganization to create a more efficient housing authority and consolidate functions, particularly due to the cessation of federal funding for SVURA. The court, applying legal precedents from Elrod v. Burns and Nekolny v. Painter, found that the plaintiffs failed to meet their burden of proving that political motivation was the sole or motivating factor in their dismissals. Conversely, the defendants adequately demonstrated that the terminations would have occurred irrespective of the plaintiffs' political activities, citing the valid reorganization and dismantlement of SVURA. Consequently, the court concluded that the plaintiffs' constitutional rights were not abridged and granted judgment on the merits in favor of the defendants.

Political DismissalFirst Amendment RightsFourteenth Amendment RightsPublic EmploymentPatronage FiringsGovernment ReorganizationUrban Renewal AgencyVillage AttorneyFreedom of AssociationDue Process
References
7
Case No. MISSING
Regular Panel Decision

Roginsky v. County of Suffolk, NY

Plaintiff Dr. Martin Roginsky filed an employment discrimination lawsuit against the County of Suffolk, alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA) and New York State Executive Law. Roginsky, a physician, was constructively discharged from his Staff Physician role at the Suffolk County Jail. He claims the termination was due to his age, citing remarks made by Dr. Gerazi, the Medical Director of the Jail, and that the County used a prescription-writing issue as a pretext. The County moved to dismiss the complaint, asserting it was not Roginsky's employer and that age was not the 'but for' cause of his discharge. The Court denied the County's motion to dismiss, finding that Roginsky had plausibly alleged an employment relationship with the County and satisfied the 'but for' causation standard for his ADEA claim. Consequently, the Court also decided to exercise supplemental jurisdiction over the state law claim.

Age DiscriminationEmployment DiscriminationADEAMotion to DismissConstructive DischargeEmployer-Employee RelationshipBut-For CausationPleading StandardsFederal Civil ProcedureNew York Law
References
24
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