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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

In re Sanctioning of Richard N.

This opinion addresses the appropriate sanction for juror Richard N. who intentionally abandoned a summary jury trial and misled the court about his whereabouts, falsely claiming a 'neurological emergency'. Presided over by Justice Martin E. Ritholtz in Queens County, the court initiated a special proceeding to penalize Richard N. for his misconduct. While civil or criminal contempt charges were considered, the court ultimately utilized its inherent powers to impose a less severe sanction. Richard N. confessed and apologized for his deceptive behavior. The court ordered him to pay a $250 fine and determined that his jury service would not be credited, leaving him eligible for future jury duty.

Juror MisconductContempt of CourtSpecial ProceedingJudicial SanctionInherent Powers of CourtJury Duty AbandonmentDeceptive ConductDue ProcessRight to CounselCivil Contempt
References
38
Case No. MISSING
Regular Panel Decision

United States v. a & N Cleaners & Launderers, Inc.

The United States filed a complaint under CERCLA against A & N Cleaners & Launderers, Inc., and Marine Midland Bank, N.A., for costs incurred to clean up toxic chemicals. Marine Midland Bank, N.A. subsequently filed a third-party claim against its insurers, including Utica Mutual Insurance Company, seeking indemnification. Utica moved to dismiss this third-party claim for lack of subject matter jurisdiction, citing the Finley v. United States decision. The court, presided over by Judge Sweet, denied Utica's motion, finding that the claim fell within the court’s pendent party jurisdiction. The decision concluded that CERCLA's jurisdictional grant does not implicitly negate pendent party jurisdiction and that discretionary factors favored hearing all claims together for judicial economy, convenience, and fairness.

Pendent Party JurisdictionSubject Matter JurisdictionCERCLAThird-Party ClaimIndemnificationInsurance LawFederal JurisdictionDistrict CourtRule 12(b)(1) MotionCivil Procedure
References
19
Case No. MISSING
Regular Panel Decision

Gibides v. Powell

This document presents a dissenting opinion in a medical malpractice case involving defendant Douglas N. Powell, M.D., an obstetrician. The plaintiff's decedent experienced heart disease symptoms, but Dr. Powell's medical records only noted wrist discomfort, attributed to carpal tunnel syndrome. The dissent argues there was no proof the decedent had heart disease symptoms when she saw Dr. Powell or that she reported them to him. It further contends that the absence of a record does not prove a history was not taken and that the plaintiff failed to demonstrate reliance on Dr. Powell's records to the decedent's detriment. The case involved an appeal from an Order of Supreme Court, Onondaga County, concerning summary judgment.

medical malpracticeobstetricscarpal tunnel syndromeheart diseasesummary judgmentmedical recordsexpert testimonydissenting opinionappellate reviewcausation
References
3
Case No. MISSING
Regular Panel Decision

M.T. ex rel. N.M. v. New York City Department of Education

The plaintiff, M.T., on behalf of her son N.M., challenged the State Review Officer's (SRO) decision denying tuition reimbursement for N.M.'s placement at the Rebecca School for the 2010-2011 school year. The SRO had reversed an Impartial Hearing Officer's (IHO) decision which found the New York City Department of Education (DOE) failed to provide N.M. with a Free Appropriate Public Education (FAPE). The District Court found that the SRO improperly relied on retrospective testimony regarding the possibility of extending a 1:1 transitional paraprofessional beyond the four months provided in the Individualized Education Program (IEP). Citing recent Second Circuit precedent (R.E. and Reyes), the court ruled that such retrospective adjustments are impermissible. Due to the court's lack of educational expertise and the unclear centrality of this error to the SRO's decision, both parties' motions for summary judgment were denied, and the case was remanded to the state administrative officers for further consideration in light of the Reyes decision.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education ProgramSpecial EducationSummary JudgmentRemandState Review OfficerImpartial Hearing OfficerRetrospective TestimonyTransitional Paraprofessional
References
27
Case No. MISSING
Regular Panel Decision

Hayden v. Comm'r of Soc. Sec.

Plaintiff Loraine N. Hayden sought judicial review of the Commissioner of Social Security's final decision denying her applications for disability insurance benefits and supplemental security income. The District Court, presided over by Judge Elizabeth A. Wolford, found that the Administrative Law Judge (ALJ) erred in evaluating the medical opinion of Plaintiff's treating psychiatrist, Dr. Shamsi. The ALJ failed to provide sufficient "good reasons" for assigning little weight to Dr. Shamsi's assessment of Plaintiff's mental limitations, particularly regarding her inability to manage stress and anticipated work absences. This error was deemed not harmless, as Dr. Shamsi's opinion of two absences per month would preclude the occupations identified by the vocational expert. Consequently, the Plaintiff's motion for judgment on the pleadings was granted, the Commissioner's motion denied, and the case remanded for further administrative proceedings.

Social Security ActDisability Insurance BenefitsSupplemental Security IncomeAdministrative Law Judge (ALJ)Treating Physician RuleMedical Opinion EvaluationMental Residual Functional CapacityRemand for Further ProceedingsVocational Expert TestimonyFederal Court Review
References
16
Case No. 2007 NY Slip Op 27390
Regular Panel Decision
Sep 04, 2007

Matter of A. J.

The Administration for Children's Services (ACS) filed a petition alleging that four-year-old T.J. sustained multiple injuries, including a second-degree burn, while in the care of her biological parents, Toni N. and Tyrell J. The parents had previously been found to have abused T.J. The court found the parents' explanations for the injuries incredible and inconsistent with medical testimony from Dr. Philip Hyden, an expert in pediatrics and child abuse. The court entered findings of abuse against both parents for T.J. under Family Court Act § 1012 (e) (i) and derivative abuse findings for her siblings, J.W., J.N., A.J., A.N., and T.S., under Family Court Act § 1012 (e) (ii). Furthermore, the court determined that T.J. was "repeatedly abused" as defined by Social Services Law § 384-b (8) (b) due to the prior abuse findings and the unsuccessful efforts to rehabilitate the parents. However, derivative findings of repeated abuse were not made for the siblings.

Child AbuseRepeated AbuseDerivative AbuseFoster CareParental RightsFamily Court ActSocial Services LawPhysical InjuryMedical ExpertChild Protection Unit
References
10
Case No. 2020 NY Slip Op 07685 [189 AD3d 594]
Regular Panel Decision
Dec 17, 2020

Valle v. Port Auth. of N.Y. & N.J.

Thomas W. Valle, a general foreman, was injured when a stack of cement boards fell on him from a City Lumber truck after the wooden skids underneath broke during unloading at a work site managed by Port Authority of New York and New Jersey and Turner Construction Corp. The Supreme Court initially granted plaintiffs' cross motion for summary judgment as to liability on the Labor Law § 240 (1) claim and denied defendants' motions regarding Labor Law § 200 and City Lumber's indemnification claims. The Appellate Division modified the order, denying plaintiffs' motion for summary judgment on the Labor Law § 240 (1) claim, finding issues of fact regarding proximate causation and the adequacy of safety devices. The court also granted City Lumber's motion to dismiss the third-party contractual indemnification claim due to a lack of contract, while otherwise affirming the denial of dismissal for common-law indemnification and contribution. Issues of fact remain for trial concerning liability under Labor Law §§ 200 and 240 (1), and common-law claims.

Construction AccidentLabor LawSummary JudgmentPremises LiabilityFalling ObjectProximate CauseContractual IndemnificationCommon-Law IndemnificationContributionThird-Party Claims
References
22
Case No. MISSING
Regular Panel Decision

In re Ennia Caribe Holding N.V.

R.M. Hermans, as the foreign representative for ENNIA Caribe Holding N.V., a large Curaçaoan insurance company, filed Chapter 15 petitions in a U.S. Bankruptcy Court seeking recognition of a Curaçao rehabilitation proceeding as a 'foreign main proceeding.' ENNIA's owner, Parman International B.V., objected, arguing that the Curaçao proceeding was not 'collective' and lacked sufficient court supervision, and that its recognition would violate U.S. public policy due to inadequate notice. The court, presided over by Judge Martin Glenn, overruled Parman's objection. It found that the Curaçao proceeding met the definition of a foreign proceeding because it considers the rights of all creditors and is subject to control or supervision by either the Curaçao court or the Central Bank of Curaçao and St. Maarten (CBCS). The court also rejected the public policy argument, noting that U.S. states have similar provisions for urgent insurance company seizures with comparable notice periods. Consequently, the Curaçao proceeding was recognized as a foreign main proceeding, and Hermans was recognized as the foreign representative.

Chapter 15 BankruptcyForeign Main ProceedingInternational InsolvencyInsurance RehabilitationCross-Border InsolvencyCuraçao LawDue ProcessPublic Policy ExceptionCreditors' RightsFinancial Regulation
References
17
Case No. MISSING
Regular Panel Decision
Jan 19, 1994

Whirlpool Corp. v. Philips Electronics, N.V.

This case involves Whirlpool Corporation seeking to confirm a foreign arbitral award against Philips Electronics N.V., while Philips moved to dismiss or stay the action pending further arbitration. The dispute arose from a joint venture and subsequent acquisition of Philips' Argentine MDA operations by Whirlpool, specifically concerning the revaluation of fixed assets and the applicable accounting policies under their Reorganization and Purchase Agreement (RPA) and Amendment No. 1. An initial arbitration before Arthur Andersen & Co. ruled in favor of Whirlpool, determining that Schedule G of the RPA, which limited asset revaluation, applied despite Philips' arguments for a different "Schedule G (Argentina)." The court, presided over by District Judge Sweet, affirmed Andersen's jurisdiction and the validity of its binding award. Consequently, Whirlpool's motion to confirm the foreign arbitral award was granted, and Philips' motion to dismiss or stay the action was denied.

Arbitral Award ConfirmationForeign ArbitrationContract DisputeAccounting PoliciesAsset ValuationJoint VentureCorporate AcquisitionFederal Arbitration ActDispute ResolutionJudicial Review of Arbitration
References
20
Case No. MISSING
Regular Panel Decision
Nov 17, 1999

Devine v. Chase Manhattan Bank, N. A.

The plaintiffs appealed an order from the Supreme Court, Nassau County, presided over by Justice Franco. The order, dated November 17, 1999, had denied the plaintiffs' motion for partial summary judgment on the issue of liability. The motion was directed against defendants Chase Manhattan Bank, N. A. and Prudential Securities, Inc., pertaining to a cause of action under Labor Law § 240 (1). The appellate court affirmed the Supreme Court's decision, citing an unresolved issue of fact. This factual dispute concerned whether the injured plaintiff had refused to utilize available safety devices, a circumstance that could classify him as a 'recalcitrant worker' and thus negate the defendants' liability under the said Labor Law provision. Justices Bracken, Santucci, Altman, and Florio concurred with the decision.

Personal InjuryLabor Law 240(1)Recalcitrant Worker DefenseSummary Judgment DenialAppellate AffirmationConstruction AccidentWorkplace SafetyLiability IssueFactual DisputeNew York State Court
References
4
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