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

Case No. 534112
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of Gregory Grinnage

Claimant Gregory Grinnage, a bus driver for 31 years, filed a workers' compensation claim for repetitive stress injuries to his wrists, hands, knees, hip, and shoulder. A Workers' Compensation Law Judge initially disallowed the claim, citing insufficient evidence due to incomplete review of prior medical records by the claimant's physician, Dr. Gideon Hedrych. The Workers' Compensation Board reversed, finding sufficient uncontradicted medical evidence from Dr. Hedrych establishing a causal link between the claimant's conditions and the repetitive nature of his job duties. The employer appealed both the Board's decision and its denial of reconsideration/full Board review. The Appellate Division affirmed the Board's decisions, finding substantial evidence for the occupational disease determination and no abuse of discretion in denying the employer's request for an IME extension or full Board review.

Occupational DiseaseRepetitive Stress InjuryWorkers' Compensation ClaimMedical CausationIndependent Medical Examination (IME)Board ReconsiderationFull Board ReviewSubstantial EvidenceAppellate DivisionBus Driver Injuries
References
11
Case No. 2017 NY Slip Op 03797 [150 AD3d 930]
Regular Panel Decision
May 10, 2017

Wadlowski v. Cohen

The plaintiff, Jan Wadlowski, was injured after falling 14 feet from a balcony while performing demolition work at the defendant, Phillip Ean Cohen's, home. He initiated an action against Cohen, citing violations of Labor Law §§ 240(1), 241(6), and 200, in addition to common-law negligence. The Supreme Court denied Cohen's motion for summary judgment to dismiss the complaint. The Appellate Division, Second Department, affirmed this decision, concluding that triable issues of fact existed regarding Cohen's potential direction or control over the work and his notice of the dangerous condition.

Personal InjuryDemolition AccidentBalcony FallLabor LawHomeowner LiabilitySummary JudgmentSafe Place to WorkDirection and ControlPremises LiabilityAppellate Review
References
12
Case No. MISSING
Regular Panel Decision

Gregory B. v. Gregory F.

This consolidated appeal addresses whether incarcerated parents "permanently neglected" their children under Social Services Law § 384-b (7) (a), thus justifying the termination of parental rights. In Matter of Gregory B., the father, incarcerated since 1980, proposed long-term foster care for his children until his release, which was rejected. Similarly, in Matter of Willie John B. and Matter of Delores B., the father, incarcerated since 1979, also offered indefinite foster care after relatives were found unwilling or unable to provide care. The Court of Appeals affirmed the termination of parental rights in all cases, holding that while 1983 statutory reforms acknowledged special circumstances for incarcerated parents, they did not excuse them from planning for their child's future. The Court concluded that indefinite foster care is not a "viable plan" as it is inconsistent with the purpose of foster care and deprives children of the essential permanency required for proper growth and development.

Permanent NeglectParental Rights TerminationIncarcerated ParentSocial Services LawFoster CareAdoptionChild WelfareFamily LawCourt of AppealsJudicial Review
References
14
Case No. 2015 NY Slip Op 05147 [129 AD3d 897]
Regular Panel Decision
Jun 17, 2015

Cohen v. State of New York

This case concerns Fashawn Cohen, a former correction officer, who sued the State of New York and the Department of Correctional Services (DOCS) for employment discrimination based on disability and retaliation under Executive Law § 296. Cohen sustained a work-related hand injury, received workers' compensation, and was subsequently terminated by DOCS for failing to demonstrate medical fitness to return to work. She alleged that the defendants discriminated by not providing reasonable accommodation. The Supreme Court granted the defendants' motion for summary judgment, dismissing the disability discrimination claim. On appeal, the Appellate Division, Second Department, reversed this decision, finding that Cohen's responses to the termination notice could reasonably be understood as a request for accommodation, and the defendants failed to establish a prima facie case that they engaged in a good faith interactive process to assess her needs and the reasonableness of the requested accommodation.

Disability DiscriminationEmployment LawSummary JudgmentReasonable AccommodationRetaliationCivil Service LawExecutive LawAppellate ReviewWorkers' CompensationTermination
References
2
Case No. 2017 NY Slip Op 03868 [150 AD3d 480]
Regular Panel Decision
May 11, 2017

McMahon v. Cohen Bros. Realty Corp.

The Appellate Division, First Department, unanimously affirmed a Supreme Court order granting summary judgment to Cohen Brothers Realty Corp., thereby dismissing the complaint filed by Michael McMahon et al. The core issue was whether the injured plaintiff was a special employee of Cohen Brothers Realty Corp., which would invoke the workers' compensation law's exclusivity provision as a bar to the lawsuit. Defendant presented evidence demonstrating its control over the plaintiff's hiring, supervision, and work duties, along with providing necessary equipment and materials. Despite plaintiff's attempts to counter this with evidence showing the general employer as the payor and listed employer, the court found insufficient factual dispute to overturn the special employee determination. Consequently, the appellate court upheld the dismissal, concluding that the exclusivity provision of the Workers' Compensation Law applied.

Summary JudgmentSpecial Employee DoctrineWorkers' Compensation ExclusivityAppellate ReviewEmployment Control TestProperty Management AgreementDismissal of ComplaintLabor LawEmployer-Employee Relationship
References
3
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Cohen (In Re Cohen)

Cablevision Systems Corporation initiated an adversary proceeding against David Cohen (the Debtor) in bankruptcy court, seeking to declare a judgment debt non-dischargeable. The debt arose from Cohen's willful and malicious violation of the Cable Act by illegally distributing cable television descramblers, as determined in a prior District Court action. Judge Dorothy Eisenberg, after declining to apply collateral estoppel due to differing standards of proof, independently found clear and convincing evidence that Cohen's actions constituted a willful and malicious injury. Consequently, the Court granted Cablevision's motion for summary judgment, declaring the $295,392.77 debt non-dischargeable under section 523(a)(6) of the Bankruptcy Code.

BankruptcyNon-dischargeable DebtWillful and Malicious InjuryCable ActStatutory DamagesCollateral EstoppelSummary JudgmentCable TelevisionElectronic DevicesEastern District of New York
References
45
Case No. 2013-1699 Q CR
Regular Panel Decision
Jul 26, 2016

People v. Martin (Gregory)

Gregory Martin appealed two judgments from the Criminal Court of the City of New York, Queens County, for attempted criminal contempt in the second degree, based on violations of an order of protection. The Appellate Term affirmed the conviction related to conduct between July 19-22, 2011, finding sufficient legal evidence. However, the judgment for conduct on September 23, 2011, was reversed and dismissed because the verdict was deemed against the weight of the evidence due to witness testimony discrepancies. The court also upheld the amendment of the date in the prosecutor's information, citing CPL 100.45 (2) and 200.70.

Criminal ContemptOrder of ProtectionAttempted Criminal ContemptSufficiency of EvidenceWeight of EvidenceAppellate ReviewAmendment of Accusatory InstrumentRosario PacketProsecutor's InformationWitness Testimony
References
13
Case No. MISSING
Regular Panel Decision
Feb 25, 2000

Seward Park Housing Corp. v. Cohen

The dissenting opinion by Justice Friedman argues against the majority's decision to reverse the Appellate Term's ruling, which would have allowed a co-op to enforce its no-pet clause against shareholder Max Cohen. Friedman contends that the majority's overly literal interpretation of Administrative Code § 27-2009.1 (b) disregards legislative intent, which aimed to protect tenants from retaliatory evictions by landlords, not to undermine co-op rules. The dissent asserts that the Code should not apply to cooperatives, and even if it did, the co-op's timely service of a notice to cure and commencement of a summary proceeding should preclude a waiver. Furthermore, Friedman challenges the broad definition of "agent" used by the majority, arguing that security guards and maintenance workers are not agents whose knowledge should trigger the statutory waiver period. The dissent criticizes the majority for rendering the "knowledge" requirement of the statute superfluous and creating practical problems for landlords.

Cooperative LawPet RestrictionLease EnforcementStatutory InterpretationLandlord-Tenant LawWaiver DoctrineLegislative HistoryAppellate ReviewNo-Pet ClauseEviction Proceedings
References
15
Case No. 534683
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Gregory Echevarria

The case involves an appeal from decisions of the Workers' Compensation Board concerning death benefits for Gregory Echevarria, who died in a work-related accident. Keamesha Echevarria, the decedent's estranged wife, filed for survivors' benefits for herself and their three children. Decedent's fiancée also filed a claim for their child and argued that Keamesha had abandoned the decedent, thus forfeiting spousal benefits. The Workers' Compensation Law Judge and subsequently the Board found that Keamesha had not abandoned the decedent and was entitled to benefits as the surviving spouse. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that Keamesha remained the legal spouse under Workers' Compensation Law § 16 (1-a), as the elements for abandonment were not met. The court also found no abuse of discretion in the Board's denial of the fiancée's application for reconsideration or full Board review.

Workers' CompensationDeath BenefitsSurviving SpouseAbandonmentDomestic Relations LawAppellate ReviewBoard DecisionStatutory InterpretationDependency ClaimsMarital Status
References
9
Case No. MISSING
Regular Panel Decision

Cohen v. State of NY

Alan Cohen, a 23-year-old medical student diagnosed with paranoid schizophrenia, died by suicide while a patient at Downstate Medical Center in 1971. The Court of Claims found the State University of New York, Downstate Medical Center liable for negligence due to inadequate treatment, supervision, and medical judgment by an unqualified treating physician, Dr. Sverd, and a lack of proper policies and supervision by qualified psychiatrists. The appellate court affirmed the finding of liability, emphasizing the ill-defined policies regarding patient restraints and the absence of active, informed judgment by a qualified psychiatrist. However, the appellate court deemed the original damage award of $150,000 to be excessive, reducing it to $35,000, given the lack of proof regarding the decedent's future earning potential and the claimant's existing financial independence. The final judgment was modified accordingly.

Medical MalpracticePsychiatric Care NegligenceSuicide PreventionHospital LiabilityMedical StudentParanoid SchizophreniaDamages ReductionAppellate ReviewQualified Psychiatrist SupervisionStandard of Care
References
18
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