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

Case No. 2020 NY Slip Op 06316
Regular Panel Decision
Nov 05, 2020

People v. May

The case concerns an appeal by Nicholas A. May from a judgment convicting him of predatory sexual assault against a child and course of sexual conduct against a child in the second degree. The charges arose from allegations that May sexually abused an underage victim over several years. May challenged the verdict's legal sufficiency and weight of the evidence, the admissibility of expert testimony concerning child sexual abuse, and claims of ineffective assistance of counsel. The Appellate Division, Third Department, affirmed the County Court's judgment, finding sufficient evidence, appropriate expert testimony from a nurse practitioner and a licensed clinical social worker, and meaningful representation by trial counsel, despite the defense's arguments regarding the victim's credibility and lack of corroboration. The court noted that the issues raised by the defense were adequately explored during the trial.

Child sexual abusePredatory sexual assaultCourse of sexual conductExpert witness testimonyIneffective assistance of counselAppellate reviewJury verdictVictim credibilityChild abuse accommodation syndromeCriminal law
References
33
Case No. MISSING
Regular Panel Decision

Mayes v. Local 106, International Union of Operating Engineers

The case involves plaintiff George A. Mayes suing Local 106, International Union of Operating Engineers, and its officers for alleged discrimination in job referrals and denial of rights under the Labor-Management Reporting and Disclosure Act (LMRDA). The defendants counterclaimed, seeking expenses incurred from Mayes' "baseless charges" against union members James Tommaney and Dan Lewis, citing violations of the Union's constitution and state law tort and breach of contract claims. Mayes moved for summary judgment, arguing good faith in filing charges under LMRDA and lack of court jurisdiction over the counterclaims. The court found material factual disputes regarding Mayes' motives, asserting jurisdiction over the counterclaims under 29 U.S.C. § 185. It also determined that the tort and breach of contract claims were sufficiently pleaded, thereby denying Mayes' motion for summary judgment and allowing the counterclaims to proceed.

Labour LawUnion DisputeSummary JudgmentCounterclaimsLMRDAFree SpeechUnion ConstitutionJurisdictionTort ClaimsBreach of Contract
References
13
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

Union of Needletrades, Industrial & Textile Employees v. May Department Stores Co.

The plaintiffs, Union of Needle-trades, Industrial and Textile Workers (UNITE) and others, sued May Department Stores Company (May) alleging violations of the Securities Exchange Act of 1934 and SEC rules related to proxy solicitations. UNITE sought relief claiming May improperly exercised discretionary voting authority and made false or misleading statements in its proxy materials concerning an 'anti-poison pill proposal'. The defendant moved to dismiss the complaint for failure to state a claim and failure to plead fraud with particularity. The court granted May's motion, concluding that May lawfully exercised its discretionary authority under SEC Rule 14a-4(c)(1) and that UNITE failed to allege any actionable false or misleading statements under SEC Rule 14a-9. The complaint was dismissed.

Securities LawProxy SolicitationShareholder RightsMotion to DismissRule 12(b)(6)Rule 9(b)Discretionary AuthorityMisleading StatementsSecurities Exchange ActSEC Rules
References
33
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
May 20, 1982

Claim of Schwartz v. Howard, Needles, Tannen & Bergendorf

This case involves an appeal from a Workers' Compensation Board decision, initially filed on February 8, 1982, and subsequently amended on May 20, 1982. The decedent, a 53-year-old project manager, experienced a fatal heart attack on May 10, 1979, while conducting a presentation in Washington, D.C. The Board determined that the significant stress from his work-related activities directly led to his cardiovascular arrest, notwithstanding his history of two prior heart attacks. The appellants contested this finding, arguing a lack of substantial evidence regarding work-related stress and disputing the medical testimony provided by Dr. Nelson. However, the appellate court concluded that the record contained substantial evidence to uphold the Board's findings, noting that Dr. Nelson's expert opinion was based on a hypothetical question. Consequently, the Board's decision was affirmed, with costs awarded to the Workers’ Compensation Board.

References
3
Case No. MISSING
Regular Panel Decision

J. W. Mays, Inc. v. New York State Human Rights Appeal Board

J. W. Mays, Inc. initiated a proceeding to review an order from the State Human Rights Appeal Board, which affirmed a previous order by the State Division of Human Rights. The original orders sustained a complaint against J. W. Mays, Inc. for sex discrimination and imposed a penalty. The State Division of Human Rights also cross-moved for enforcement of its order. The court found that J. W. Mays, Inc. failed to demonstrate a legitimate, non-discriminatory reason for transferring a female salesperson out of a department where all other salespersons were male. The court affirmed the prior order, dismissed J. W. Mays, Inc.'s proceeding, and granted the State Division's cross-application for enforcement, concluding that the transfer was based on sex discrimination.

Sex DiscriminationEmployment LawGender BiasWorkplace TransferHuman Rights LawExecutive LawAppellate ReviewBurden of ProofPrima Facie CaseUnlawful Discrimination
References
1
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. ADJ11059073
Regular
Jan 17, 2023

SHERRILL CLAYTOR vs. ALEXANDER R. LATTERI, M.D., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision allowing the applicant to treat with Dr. Spencer outside the defendant's Medical Provider Network (MPN). The WCAB found insufficient evidence that Dr. Spencer, or the applicant's previously selected physician Dr. Small, were definitively part of the defendant's MPN at the time of the request. Therefore, without proper MPN notification and an established denial of care, the applicant retained the right to resume treatment with her non-MPN physician, Dr. Spencer. The defendant may still attempt to transfer the applicant's care into the MPN by following proper statutory procedures.

MPNPTPmedical provider networkprimary treating physicianreconsiderationfindings and ordertransfer of caredenial of caresubstantial evidenceadministrative director rules
References
10
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
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