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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

Zimmer-Thomson Corp. v. National Labor Relations Board

The employer filed an action against the National Labor Relations Board (NLRB) and a union, seeking to set aside the union's certification as the exclusive bargaining representative and to restrain the union from taking further action before the National War Labor Board (NWLB). The employer alleged procedural flaws in the election process, including uncounted challenged ballots and denial of opportunity to be heard. Both defendants moved to dismiss the complaint. The court determined it lacked jurisdiction to review NLRB certifications, which are only informatory. Furthermore, it found that NWLB directives are merely advisory and thus cause no irreparable injury. Consequently, the court denied the employer's motion for a temporary injunction and dismissed the complaint, finding no cause of action.

Labor LawNLRB CertificationJudicial ReviewInjunctionCollective BargainingUnfair Labor PracticesWar Labor BoardChallenged BallotsDistrict Court JurisdictionAdministrative Law
References
10
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

The Equal Employment Opportunity Commission (EEOC) and Melissa Castillo brought claims of sex discrimination, retaliation, and constructive discharge against Rappaport, Hertz, Cherson & Rosenthal, P.C., William Rappaport, and Herbie Gonzalez under Title VII. Castillo sought to intervene in the EEOC's action and assert additional state and city claims, while the defendant moved to compel arbitration of Castillo's claims based on an employment arbitration agreement. The court granted Castillo's motion to intervene and permitted her state and local claims to proceed under supplemental jurisdiction. The court also granted the defendant's motion to compel arbitration for all of Castillo's claims, determining that the arbitration agreement was an employer-promulgated plan and the associated costs would not be prohibitively expensive. The EEOC's action was not stayed, as it was not a party to the arbitration agreement, but Castillo's individual proceedings were stayed pending arbitration.

Sexual HarassmentRetaliationConstructive DischargeTitle VIIArbitration AgreementInterventionEmployment DiscriminationFederal Arbitration ActSupplemental JurisdictionEEOC Enforcement Action
References
51
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Sep 30, 1997

Sidor v. Zuhoski

This case involves appeals from an order concerning two related actions: one for personal injuries (Action No. 1) and another for wrongful death (Action No. 2). Joseph and Gregory Zuhoski appealed the denial of their motion for summary judgment seeking to dismiss the complaint in Action No. 1. Separately, Colin Van Tuyl, as Executor of the Estate of Janet A. Van Tuyl, and Brianna and Colin Van Tuyl, individually, appealed both the denial of the Zuhoskis' motion and the granting of Martin Sidor & Sons, Inc.'s motion to amend its answer in Action No. 2. The Appellate Division affirmed the order, noting the trial court's sound discretion in granting leave to amend pleadings, particularly when the failure to deny allegations was an inadvertent mistake. Furthermore, the court found an issue of fact regarding Gregory Zuhoski's employment status at the time of the accident, which justified the denial of the Zuhoskis' motion for summary judgment.

Personal InjuryWrongful DeathSummary JudgmentAppealPleading AmendmentDiscretion of Trial CourtWorkers' Compensation LawScope of EmploymentAppellate DivisionSuffolk County Litigation
References
12
Case No. MISSING
Regular Panel Decision

Shafa v. Montgomery Ward & Co.

The plaintiff, proceeding pro se, brought an employment discrimination action against Montgomery Ward Co., Inc. under Title VII, alleging termination based on national origin. The case was tried before an advisory jury, which found that the plaintiff failed to establish a prima facie case of unlawful discrimination. The Court concurred, concluding that the plaintiff's termination was due to insubordination and unapproved absence, not discriminatory intent. Consequently, the Court dismissed the action with prejudice, denying all requests for relief, including the defendant's conditional motion for attorney's fees.

employment discriminationTitle VIIterminationpro se litigationinsubordinationnational origin discriminationadvisory juryprima facie caseSecond CircuitMcDonnell Douglas framework
References
12
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
Case No. Action No. 2
Regular Panel Decision

Koren v. Zazo

David Koren, plaintiff in Action No. 2, sued Vivaldi, Inc. following a motor vehicle accident, alleging John Zazo, the driver, was a Vivaldi employee acting within the scope of his employment. Vivaldi moved for summary judgment, asserting Zazo was an independent contractor. Vivaldi provided evidence of Zazo's compensation by commission, self-sourced clients, lack of expenses or benefits, and 1099 tax form issuance, consistent with independent contractor status. The court found this evidence sufficient to establish Zazo as an independent contractor, thereby absolving Vivaldi of liability for his negligent acts. Consequently, the Supreme Court's order denying summary judgment to Vivaldi and third-party defendant Ford Motor Credit Company was reversed, leading to the dismissal of both the complaint and third-party complaint in Action No. 2.

Independent ContractorEmployer-Employee RelationshipSummary JudgmentMotor Vehicle AccidentVicarious LiabilityNegligencePersonal InjuryAppellate DivisionNew York Law1099 Tax Form
References
6
Case No. MISSING
Regular Panel Decision
May 19, 2011

Kausal v. Educational Products Information Exchange Institute

The plaintiff initiated legal action against the defendant, seeking damages for the breach of an employment contract and a violation of Labor Law article 6. The core of the dispute revolved around an employment agreement where the defendant, through its project manager, sponsored the plaintiff for an H1B work visa, promising a minimum annual salary of $46,500 and tuition benefits. Despite these terms being formalized in visa application documents signed by the defendant's representative, the plaintiff alleged non-payment in accordance with the agreement. Initially, the Supreme Court, Nassau County, dismissed the complaint, ruling in favor of the defendant by misclassifying the plaintiff as an independent contractor. However, the appellate court reversed this judgment, reinstating the complaint and awarding judgment to the plaintiff on the issue of liability, concluding that a valid employment contract existed and the plaintiff was indeed an employee under Labor Law, remitting the case for a trial on damages.

breach of contractemployment contractLabor LawH1B visawage disputewrongful dismissalappellate reviewnonjury trialdamagesliability
References
18
Case No. MISSING
Regular Panel Decision
Sep 29, 1978

Di Bernardo v. Heimroth

This appeal arises from an order denying an employer's motion for summary judgment to dismiss a third-party complaint filed by Heimroth. The central legal question addresses whether an employer can be held liable to a third-party tort-feasor for their own negligence, even though Workers' Compensation Law generally bars direct employee actions against the employer. The court affirmed the lower court's decision, reiterating that Workers' Compensation Law does not serve as a complete defense for an employer in actions involving a third-party tort-feasor's independent negligence. The prior ruling in Di Bernardo v Heimroth was cited as establishing a basis for employer contribution to a third-party tort-feasor, a point found to be dispositive of the current appeal.

Workers' Compensation LawThird-Party Tort-feasorEmployer LiabilitySummary JudgmentIndemnificationContributionNegligenceAppellate ReviewSection 29Workers' Compensation Defense
References
3
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

State v. Public Employment Relations Board

The State University of New York at Albany (SUNYA) initiated a CPLR article 78 proceeding to challenge a Public Employment Relations Board (PERB) determination. PERB had previously found that SUNYA engaged in improper employer practices by directing employees to take leave without pay or use accrued leave for a day off after Thanksgiving in 1977 and 1978, violating Civil Service Law § 209-a (1) (d). SUNYA argued against PERB's refusal to defer to arbitration awards and its interpretation of contractual rights. The court affirmed PERB's findings, concluding that PERB's actions were neither arbitrary nor capricious, and upheld the remedy requiring compensation for affected employees. Consequently, the petition was dismissed, and PERB's determination was confirmed.

CPLR Article 78Improper Employer PracticePublic Employment Relations BoardState University of New York at AlbanyCivil Service LawCollective Bargaining AgreementRes JudicataCollateral EstoppelAdministrative ReviewMandatory Subject of Negotiation
References
11
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