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

Case No. MISSING
Regular Panel Decision
Aug 10, 2012

Williams v. Woodhull Medical & Mental Health Center

Valerie E. Williams filed an action against Woodhull Medical and Mental Health Center and other defendants, alleging discrimination and retaliation under federal and state laws, including Title VII and 42 U.S.C. §§ 1981, 1983, 1985, and 1986. Magistrate Judge Lois Bloom issued a Report and Recommendation, advising to grant the defendants' motion for summary judgment on all claims. Plaintiff Williams filed objections to the R&R, particularly contesting the recommendation on her Title VII retaliation claim. District Judge Nicholas G. Garaufis, upon de novo review of the contested portions and clear error review of the uncontested, adopted the R&R in its entirety. The court granted summary judgment to the defendants, finding no genuine dispute of material fact regarding Williams's claims, specifically noting a lack of causal connection for retaliation and insufficient evidence for a hostile work environment or due process violations.

Employment DiscriminationTitle VII RetaliationSummary JudgmentProcedural Due ProcessHostile Work EnvironmentMedical Negligence AllegationsPublic Health LawHospital EmploymentMagistrate Judge ReviewFederal Rules of Civil Procedure 56
References
80
Case No. MISSING
Regular Panel Decision

Williams v. Forbes

Joseph Patrick Williams was injured in a 1984 fall at the Armbrusters' property where William Forbes was a general contractor. Williams, who received workers' compensation benefits, sued Forbes and the Armbrusters. Forbes, having impleaded Williams's employers David Rowe and D. Rowe Home Improvements, sought to amend his answer to include a Workers' Compensation Law defense and moved for summary judgment, which the court denied, although it granted the Armbrusters' cross-motion for summary judgment. Forbes appealed the denial of his summary judgment motion. Williams subsequently moved to dismiss Forbes's appeal as untimely. The court denied Williams's motion, ruling that the 30-day appeal period under CPLR 5513(a) only begins when the appellant is served notice of entry by the prevailing party, not by co-defendants like the Armbrusters. Consequently, Forbes's appeal was deemed timely.

AppealTimeliness of AppealService of NoticeCPLR 5513Workers' Compensation DefenseSummary JudgmentMotion to DismissNassau CountyAppellate DivisionPrevailing Party
References
8
Case No. 2022 NY Slip Op 07383 [211 AD3d 1616]
Regular Panel Decision
Dec 23, 2022

Williams v. Kaleida Health

Dr. Aston B. Williams, a physician with medical staff privileges at Kaleida Health, sought a medical exemption from a COVID-19 vaccine mandate, which was subsequently denied. As a result of noncompliance, his privileges at Buffalo General Medical Center were suspended. Williams initiated legal action, requesting injunctive relief to prevent the revocation of his privileges. Kaleida Health moved to dismiss the complaint. The Supreme Court denied Williams's motion for an injunction and partially granted Kaleida Health's motion, dismissing the complaint without prejudice. The Appellate Division, Fourth Department, affirmed this decision, determining that Public Health Law § 2801-c provides the exclusive remedy for alleged violations of § 2801-b (1), necessitating Williams to first pursue his claim before the Public Health and Health Planning Counsel.

COVID-19 vaccine mandatemedical staff privilegesinjunctionPublic Health Lawexclusive remedyPHHPCadministrative remediesdismissal without prejudicehealth care workersemployer-employee dispute
References
4
Case No. MISSING
Regular Panel Decision

Williams v. New York City Housing Authority

Plaintiffs Gregory Williams and Leroy Williams, African-American caretakers, sued the New York City Housing Authority (NYCHA) for hostile work environment and retaliation under Title VII. The complaint arose after they discovered a noose hanging in their supervisor's office. Despite its removal upon confrontation and a formal complaint, plaintiffs alleged subsequent retaliatory treatment. NYCHA filed a Rule 12(b)(6) motion to dismiss the hostile work environment claim, arguing the conduct was not severe or pervasive enough. The District Court denied NYCHA's motion, emphasizing the profound and intimidating historical significance of a noose as a symbol of racial violence, particularly when displayed by a white supervisor.

Hostile Work EnvironmentRacial DiscriminationRetaliationTitle VIIWorkplace HarassmentNoose SymbolismDistrict Court DecisionMotion to Dismiss DeniedAfrican-Americans' RightsSupervisor Misconduct
References
23
Case No. MISSING
Regular Panel Decision
Jul 25, 2006

Williams v. 520 Madison Partnership

Plaintiff Trevor Williams was injured on June 3, 2002, when a scaffold basket he was using to repair a 43-story building moved due to a gust of wind, causing him to fall. The Supreme Court, New York County, initially granted Williams' motion for partial summary judgment on his Labor Law § 240 (1) claim and denied defendants' cross-motion. This appellate order unanimously affirmed that decision. The court found that the scaffold provided was inadequate, violating Labor Law § 240 (1), and this violation was a proximate cause of Williams' injuries. It rejected the defendants' arguments that the gust of wind was an unforeseeable intervening act or that Williams' actions constituted comparative negligence.

Labor Law Section 240(1)Scaffold AccidentPersonal InjurySummary JudgmentProximate CauseForeseeabilityIntervening ActComparative NegligenceConstruction AccidentWorkplace Safety
References
9
Case No. MISSING
Regular Panel Decision

Williams v. Axelrod

Deon Williams, a two-year-old with sickle-cell anemia, was a participant in the WIC program. His benefits were terminated after his mother, Doris Williams, had a physical altercation with a caseworker at Bronx-Lebanon Hospital. An Administrative Law Judge upheld the termination, but Deon Williams, through his mother, initiated a CPLR Article 78 proceeding against David Axelrod, Commissioner of the New York State Department of Health, seeking reinstatement of his benefits. The court found that Deon met all eligibility requirements and should not be penalized for his mother's actions, citing judicial precedents that protect children from losing public assistance due to parental misconduct. The court ultimately held that the ALJ's determination was arbitrary, capricious, and contrary to law, ordering the reinstatement of Deon Williams' WIC certification and restoration of withheld benefits.

WIC ProgramChild Nutrition ActPublic Assistance BenefitsSickle-Cell AnemiaParental MisconductCPLR Article 78Administrative ReviewBenefit TerminationChild WelfareDue Process
References
5
Case No. MISSING
Regular Panel Decision

Williams v. Ritchie

This Memorandum & Order addresses motions for summary judgment filed by defendants Dhasrat Mangra, Noel Ritchie, and Delores Williams against plaintiff Flora Williams. Williams sought recovery for injuries sustained in a 1999 car collision, alleging "serious injuries" under New York State Insurance Law § 5102(d). The defendants argued Williams failed to meet this threshold. The court considered conflicting medical evidence, noting that while plaintiff's treating physician, Dr. John Gavini, diagnosed permanent limitations, his report was deemed "medically stale" compared to the defendants' more recent examining physicians, Drs. Joseph L. Paul and Robert S. April, who found no objective disability. Ultimately, the court concluded that Williams failed to provide sufficient credible medical evidence to establish a "serious injury" under any of the statutory categories. Consequently, defendant Mangra's motion for summary judgment was granted, and plaintiff's action was dismissed.

Serious InjurySummary JudgmentAutomobile AccidentNew York State Insurance Law Section 5102(d)Medical Stale ReportObjective Medical EvidencePermanent Consequential LimitationSignificant LimitationDaily Activities LimitationDisc Herniation
References
45
Case No. MISSING
Regular Panel Decision

Williams v. Chase Manhattan Bank, N.A.

Plaintiff Mildred W. Williams, a black female, filed a federal lawsuit against Chase Manhattan Bank alleging racial discrimination under 42 U.S.C. § 1981 and New York State Human Rights Law. Williams claimed she was denied promotions from Assistant Manager to Branch Manager and Assistant Manager to Assistant Treasurer, and subjected to harassment based on her race. The court addressed Williams' motion to file a second amended complaint and Chase's motion to dismiss. Applying the precedent set in Patterson v. McLean Credit Union, the court granted Williams' motion to amend, allowing her claim regarding the denial of promotion to Assistant Treasurer, as it constituted a "new and distinct relation" with the employer. However, the claim for denial of promotion to Branch Manager was dismissed for not meeting this criterion. The court also maintained pendent jurisdiction over Williams' state racial harassment claims.

Racial DiscriminationEmployment DiscriminationMotion to AmendMotion to DismissCivil Rights Act of 1866New York State Human Rights LawPatterson v. McLean Credit UnionPromotion DenialAssistant Manager to Assistant TreasurerContinuing Violations Doctrine
References
30
Case No. MISSING
Regular Panel Decision

Williams v. Brantley

Plaintiff Robert Williams sued defendant Hugh Brantley in state court for malicious prosecution and false arrest after criminal harassment charges brought by Brantley were dismissed. Brantley, an attorney for federally funded Western New York Rural Legal Services, removed the case to federal court under 28 U.S.C. § 1442(a)(1), claiming he acted under the color of his federal office. Williams moved to remand the case to state court, arguing Brantley lacked a federal immunity defense. The court, citing Willingham v. Morgan, found that Brantley raised a colorable defense of absolute or qualified immunity, distinguishing Ferri v. Ackerman. The federal court held it was the appropriate forum to decide the merits of Brantley's defense, and consequently, Williams' motion to remand was denied.

Federal Officer RemovalMalicious ProsecutionFalse ArrestFederal ImmunityColor of OfficeRural Legal ServicesMotion to Remand28 U.S.C. 1442(a)(1)Immunity DefenseMigrant Labor Camp
References
4
Case No. 98 Civ. 4547(DC)
Regular Panel Decision
Sep 24, 1998

Campbell v. Cantor Fitzgerald & Co., Inc.

Mary Terese Campbell petitioned the Court to vacate an arbitration award by a National Association of Securities Dealers (NASD) panel, alleging wrongful discharge and defamation by her former employer, Cantor Fitzgerald & Co., Inc. District Judge Chin denied Campbell's petition, finding no manifest disregard of the law, evident partiality, or misconduct by the arbitrators, and upheld the arbitration award. The court also denied Campbell's arguments regarding due process and forum fees. A related lawsuit, Campbell v. Cantor Fitzgerald & Co., Inc. et al., No. 98 Civ. 4547(DC), was dismissed with prejudice due to res judicata. A subsequent Rule 59 motion by Campbell challenging the judgment was also denied.

ArbitrationAward VacaturEmployment DisputeDefamationWrongful TerminationManifest Disregard of LawDue ProcessForum FeesRes JudicataFederal Court Review
References
17
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