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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

Ahmad v. Nassau Health Care Corp.

Dr. Syed T. Ahmad sued Nassau Health Care Corporation, Anthony Angelo, and Jacob Sokol for alleged discriminatory termination based on his race, national origin, and religion, violating Title VII and the New York State Human Rights Law. Dr. Ahmad, a physician, was fired in February 2000 for allegedly intentionally misrepresenting information on his medical staff re-credentialing application, specifically regarding his termination from Southside Hospital and a pending OPMC investigation. The defendants moved for summary judgment, arguing no genuine issues of material fact. The court found that Dr. Ahmad failed to establish a prima facie case of discriminatory discharge and could not prove that the defendants' stated non-discriminatory reason (misrepresentations on the application) was a pretext for discrimination. Consequently, the defendants' motion for summary judgment was granted, dismissing the federal claims, and the state law claims were dismissed without prejudice.

Employment DiscriminationTitle VIINew York State Human Rights LawWrongful TerminationMedical Staff PrivilegesRe-credentialing ApplicationSummary JudgmentPretextDiscriminatory DischargeRace Discrimination
References
29
Case No. MISSING
Regular Panel Decision
Jul 26, 2012

Mangione v. Jacobs

The case addresses whether a plaintiff's elective surgery, performed before court-ordered independent medical examinations (IMEs), constitutes spoliation of evidence. Plaintiff Susanna Mangione, involved in a 2009 taxi accident, failed to appear for multiple court-ordered IMEs despite prior personal injury lawsuits. She underwent spinal surgery on February 27, 2012, without notifying the court or defendants and without providing medical justification for the urgency. The court found this act to be intentional spoliation of evidence, irreparably prejudicing the defendants' ability to assess causation and defend against claims of exacerbated prior injuries. Consequently, the court denied defendants Ramabel Limo, Inc. and Glener V Simbana's motion for summary judgment on liability but granted defendant Jules J. Jacobs' motion to dismiss the complaint, dismissing the action against all defendants.

Spoliation of evidenceIndependent medical examinationPersonal injury lawsuitSummary judgment motionMotion to dismissElective surgeryCourt orders violationPlaintiff's misconductIrreparable prejudiceLitigation sanctions
References
58
Case No. 2021 NY Slip Op 03590
Regular Panel Decision
Jun 09, 2021

Matter of Isabela P. (Jacob P.)

In this case, Jacob P., the father, appealed an order of disposition from the Family Court, Queens County, which found that he neglected his child, Isabela P. The Administration for Children's Services initiated the proceeding, alleging the father failed to provide adequate supervision and guardianship. The Family Court's finding of neglect was based on evidence that the father repeatedly made false reports of sexual abuse against the mother in the child's presence and encouraged the child to corroborate these allegations. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the father's actions created an imminent danger of emotional impairment to the child, thus failing to meet the minimum degree of parental care.

Child NeglectParental MisconductFalse AllegationsFamily Court Act Article 10Appellate ReviewEmotional ImpairmentPreponderance of EvidenceJudicial DeferenceChild WelfareCustody Dispute
References
7
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
Nov 23, 1981

Malone v. Jacobs

This case involves an appeal by defendants Stephen and John Jacobs from a Supreme Court order denying their motion to dismiss the complaint filed by Daniel and Linda Malone. The Malones sought damages for personal injuries Daniel sustained in an automobile accident with Stephen Jacobs, with both men being volunteer firemen responding to an alarm. The appellate court determined that both were acting in the line of duty, making the Volunteer Firemen’s Benefit Law their exclusive remedy. Consequently, the order was reversed, granting defendants leave to amend their answer to assert this exclusive remedy defense, and summary judgment was granted, leading to the dismissal of the Malones' complaint. The court also affirmed that John Jacobs, as the vehicle owner, could rely on the same defense due to vicarious liability.

Volunteer Firemen's Benefit LawExclusive RemedySummary JudgmentAffirmative DefenseAutomobile AccidentPersonal InjuryLoss of ConsortiumLine of DutyVicarious LiabilityMotion to Dismiss
References
6
Case No. MISSING
Regular Panel Decision

Barrie v. Jacobs

Defendant Peter Jacobs, an attorney, faced three separate actions alleging he aided and abetted securities law violations related to Universal Cosmetics Corporation's stock offering. Jacobs moved to transfer these actions to a Maryland bankruptcy court, asserting jurisdiction due to his intent to seek indemnification from Universal. The court denied this transfer motion, ruling that a potential indemnification claim against a bankrupt entity does not establish the necessary direct effect on the bankruptcy estate, distinguishing it from cases where claims directly intertwine with the estate. Additionally, Jacobs sought to disqualify plaintiffs' attorney, Mr. Maybruck, arguing he was a potential witness. The court also denied this motion, concluding that while Maybruck's testimony might be useful, it was not 'strictly necessary' or 'otherwise unobtainable,' especially as his professional conduct was not directly at issue in the case. Both of defendant's motions were thus denied.

Securities Law ViolationAiding and AbettingIndemnification ClaimBankruptcy JurisdictionTransfer of ActionAttorney DisqualificationAdvocate-Witness RuleProfessional ResponsibilityFederal District CourtMotions Practice
References
6
Case No. MISSING
Regular Panel Decision

Green v. Jacob & Co. Watches, Inc.

William E. Green, an African-American, brought an action against Jacob & Company Watches, Inc., Jacob Arabo, and MG Security Services LLC, alleging racial discrimination and retaliation under Title VII, NYSHRL, NYCHRL, and 42 U.S.C § 1981. Green, formerly Director of Security for Jacob & Co., claimed he was terminated after objecting to racially offensive comments and discriminatory practices, including referring to African-American employees as "monkeys." Defendants moved to dismiss the claims, and Jacob & Co. also challenged the sufficiency of service of process. The Court partially granted and partially denied the motions to dismiss, allowing discrimination, retaliation, and hostile work environment claims to proceed under NYSHRL, NYCHRL, and § 1981, but dismissed Title VII hostile work environment and retaliation claims due to a failure to exhaust administrative remedies. Additionally, Green's cross-motion for an extension of time to serve process was granted.

Employment DiscriminationRacial DiscriminationHostile Work EnvironmentRetaliationTitle VIINYSHRLNYCHRL42 U.S.C. § 1981Motion to DismissService of Process
References
29
Case No. ADJ6805367
Regular
Feb 07, 2011

DANIEL JACOBS vs. WESTERN MUNICIPAL WATER DISTRICT, ACWA JOINT POWERS INSURANCE AUTHORITY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that Daniel Jacobs sustained an industrial injury from Disseminated Coccidiomycosis. The Board found substantial evidence supported the original award, based on applicant's credible testimony regarding ongoing excavation and his extensive outdoor work at the 13-acre plant. The Board relied on the expert opinion of Dr. Sweeney, who stated with "very high medical probability" that the applicant's illness was work-related due to prolonged exposure to airborne fungus from disturbed soil. This employment exposed the applicant to a greater risk than the general public, thus meeting the legal standard for industrial causation.

Valley FeverCoccidiomycosisIndustrial InjuryCumulative TraumaExposureMedical ProbabilitySubstantial EvidenceWork SiteExcavationWastewater Reclamation Facility
References
7
Case No. ADJ4503675 (MON 0306061)
Regular
Apr 18, 2011

ARTHUR WILSON vs. CAPISTRANO UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board granted reconsideration to rescind an award for dental treatment. The Board found the administrative law judge erred by admitting and relying on the reports of Dr. Esagoff, a non-treating dentist, as they were not obtained in compliance with relevant Labor Code sections regarding medical-legal procedures and treating physician reports. The case is returned to the trial level for applicant to obtain a proper report from a designated treating physician, with Dr. Esagoff's reports to be stricken. Issues of industrial causation for dental treatment must follow former Labor Code section 4062 procedures.

Workers' Compensation Appeals BoardCapistrano Unified School DistrictCORVEL CORPORATIONInjury to teethCompensable consequenceAdmitted industrial injuryRight kneeCustodianDr. Jacob EsagoffD.D.S.
References
5
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
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