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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

Slaybough v. Nathan Littauer Hospital

Plaintiff, a manual laborer, suffered a severe hand injury and sought emergency care at Nathan Littauer Hospital. Due to significant delays (over six hours) in receiving proper treatment and the wound not being cleaned, his condition deteriorated, leading to failed surgeries performed by Dr. Thomas S. Eagan and permanent injury to his left index finger. Plaintiff sued the hospital and Dr. Eagan for medical malpractice, later discontinuing the claim against Eagan. A jury found the hospital liable, awarding $250,000 for pain and suffering. The hospital appealed, arguing improper denial of summary judgment, insufficient proximate cause proof, and that the verdict was against the weight of the evidence. The appeals court affirmed the judgment against Nathan Littauer Hospital, finding sufficient evidence to support the jury's verdict of negligence and damages.

Medical MalpracticeHospital NegligenceSurgical ErrorDelayed TreatmentProximate CauseSummary JudgmentVerdict UpheldDamages AwardTendon InjuryHand Surgery
References
19
Case No. MISSING
Regular Panel Decision

Protter v. Nathan's Famous Systems, Inc.

The case involves Erwin Protter and his three fast-food franchise corporations suing Nathan's Famous Systems, Inc. and its officers for fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) violations. Protter alleged misrepresentations regarding training, profit margins, and the use of IPO funds, alongside omissions of material facts such as hidden costs and sales declines in other franchises, which he claimed induced him to purchase three Nathan's franchises. Defendants moved to dismiss the Amended Complaint, asserting it was time-barred and failed to state a claim. The Court granted the motion to dismiss the RICO claims with prejudice, citing plaintiffs' failure to plead a distinct enterprise from the persons, acquisition injury under §1962(b), and investment injury under §1962(a). Despite finding the allegations regarding another defrauded franchisee, Steven Lenter, potentially sufficient for an "open-ended scheme" to satisfy the pattern of racketeering requirement at the motion to dismiss stage, the specific deficiencies in the other RICO subsections led to their dismissal. Consequently, the remaining state law claims were dismissed without prejudice due to the lack of federal subject matter jurisdiction.

Franchise FraudRICO ViolationsRacketeering ActivityMotion to DismissFed.R.Civ.P. 12(b)(6)Fed.R.Civ.P. 9(b)Fraudulent MisrepresentationInvestment InjuryAcquisition InjuryEnterprise-Person Distinctness
References
56
Case No. 2017 NY Slip Op 08418 [155 AD3d 1466]
Regular Panel Decision
Nov 30, 2017

Matter of Natalee M. (Nathan M.)

The Broome County Department of Social Services initiated a neglect proceeding against Nathan M. (father) and Susan N. (mother) concerning their child, Natalee M. The mother tested positive for methamphetamine at birth and denied her pregnancy, failing to secure prenatal care and medical consent. Both parents were found to have failed in providing a safe home environment, as their residence was undergoing extensive renovations. Family Court adjudicated the child neglected by both parents. The Appellate Division, Third Department, affirmed the neglect findings against both parents and dismissed the mother's appeal from the dispositional order, noting her consent to its terms.

Child NeglectParental NeglectFamily Court Act Article 10Drug AbuseUnsuitable Home EnvironmentParental ResponsibilitiesPreponderance of EvidenceAppellate DivisionAffirmation of NeglectDismissed Appeal
References
12
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

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

Slocum v. Joseph B.

This case concerns a filiation proceeding initiated by Nathan A.'s court-appointed Law Guardian to establish paternity and secure support from the respondent. The respondent argued that the proceeding was barred by res judicata due to a prior 1977 Family Court order dismissing a similar paternity petition brought by Nathan's mother. The central legal question revolves around whether Nathan is in privity with his mother, thus precluding his current claim. The court adopted a flexible approach to privity, considering the parties' actual relationship, mutual interests, and the adequacy of representation in the prior litigation. It was determined that, under the Family Court Act at the time of the prior proceeding, the mother adequately represented the child's interests. Consequently, the court found that privity existed, and the current petition is barred by res judicata, leading to the reversal of the lower court's order and dismissal of the petition.

Filiation ProceedingPaternityRes JudicataPrivityFamily LawChild SupportLaw GuardianFunctional RepresentationCollateral EstoppelFamily Court Act
References
15
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

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
Case No. ADJ7877096
Regular
Jan 23, 2017

OGANES KARDZHYAN vs. DR. PEPPER SNAPPLE GROUP, CHARTIS INSURANCE CO./AIG CLAIM SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, finding the WCJ failed to address the substantiality of Dr. Pietruszka's opinion regarding industrial causation for psoriatic arthritis, diabetes, and headaches. The Board amended the WCJ's findings to include previously established injuries and returned the matter for further proceedings. The WCJ is directed to consider Dr. Pietruszka's opinion and develop the record on orthopedic injuries. This decision is not final and allows for future reconsideration of the WCJ's new ruling.

Petition for ReconsiderationMedical OpinionPsoriatic ArthritisDiabetesHeadachesIndustrially CausedSubstantial Medical EvidenceDevelop the RecordOrthopedic InjuriesPsyche
References
2
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