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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

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. MISSING
Regular Panel Decision
Jul 05, 2008

New Franklin Center for Rehabilitation & Nursing v. Novello

Six private residential health care facilities, including New Franklin Center for Rehabilitation & Nursing and the Bayview petitioners, appealed determinations by the Commissioner of Health. They challenged the removal of Medicaid reimbursement rate adjustments for recruitment and retention of nonsupervisory health care workers, which occurred after they reclassified nursing personnel expenses as 'fees' following a leasing arrangement with Budget Services, Inc. The Supreme Court dismissed one proceeding as untimely and affirmed the Commissioner's decision for the other, finding it consistent with Public Health Law § 2808 (18). The appellate court affirmed the Supreme Court's judgment, upholding the Commissioner's interpretation and emphasizing the statute's intent to ensure proper use of funds.

Medicaid ReimbursementHealth Care FacilitiesCPLR Article 78Recruitment and Retention FundsPublic Health LawStatutory InterpretationAdministrative AppealsTimeliness DoctrineStatute of LimitationsJudicial Deference
References
13
Case No. 2021 NY Slip Op 02756 [194 AD3d 421]
Regular Panel Decision
May 04, 2021

Mullins v. Center Line Studios, Inc.

This case involves an appeal concerning an order from the Supreme Court, New York County, regarding claims under Labor Law §§ 240 (1) and 200, and common-law negligence. The Appellate Division, First Department, modified the earlier order. It ruled that Center Line Studios, Inc. was entitled to summary judgment dismissing the Labor Law §§ 240 (1) and 200 claims because it was not a statutory agent and lacked supervisory control over the plaintiff's work. Additionally, NYC Production Core LLC's motion for summary judgment was granted, dismissing the complaint and cross-claims against it, with the exception of contractual indemnification claims, as it was identified as the plaintiff's special employer. A triable issue of fact was found to exist regarding Center Line Studios, Inc.'s potential common-law negligence in creating or exacerbating a dangerous condition.

Labor Law §§ 240(1)Labor Law §§ 200Common-Law NegligenceSummary JudgmentStatutory AgentSpecial Employer DoctrineContractual IndemnificationConstruction AccidentLadder Fall InjuryPremises Liability
References
12
Case No. MISSING
Regular Panel Decision

Village of Southampton v. Village of Southampton Police Benevolent Ass'n

The Village of Southampton initiated a petition to permanently stay an arbitration sought by the Village of Southampton Police Benevolent Association (PBA). The PBA had demanded arbitration concerning benefits for former police sergeant Christopher A. Broich, who was terminated in 2007 for misconduct, a decision upheld by the Appellate Division. Broich's claims for benefits arose after he was granted World Trade Center accidental disability retirement benefits, prompting the PBA to argue for the reinstatement of various village benefits under their collective bargaining agreement. The Village contended that Broich, as a terminated employee, was ineligible for such benefits and that prior court judgments affirming his termination had res judicata effect. The court sided with the Village, granting the petition to permanently stay arbitration and denying the PBA's cross-motion, concluding that Broich's status as a terminated employee meant he could not invoke the CBA's grievance procedure and that res judicata applied.

ArbitrationStay of ArbitrationCollective Bargaining AgreementPublic Employment Relations BoardRes JudicataTermination of EmploymentEmployee BenefitsDisability RetirementWorkers' CompensationMisconduct
References
10
Case No. MISSING
Regular Panel Decision
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. 2016 NY Slip Op 04692 [140 AD3d 922]
Regular Panel Decision
Jun 15, 2016

Franklin v. Hafftka

Cynthia Franklin, acting as special guardian for George S. Franklin, commenced an action against Michael and Yonat Hafftka, asserting claims including breach of contract and breach of fiduciary duty related to a joint residential property purchase and shared living arrangement. George S. Franklin, who had a history of mental illness, had entered into this agreement with the Hafftka defendants. The defendants sought to dismiss several causes of action as time-barred or for failing to state a cause of action, while the plaintiff cross-moved for leave to amend certain claims. The Supreme Court initially granted the dismissal of some causes of action and denied the cross-motion to amend. The Appellate Division modified this order, ruling that the defendants' motion to dismiss the first, third, fourth, fifth, and sixteenth causes of action, and parts of the sixth, seventh, and eighth causes of action as time-barred, should have been denied due to a question of fact regarding the application of fiduciary tolling or the "repudiation rule." The court affirmed the dismissal of the ninth cause of action for promissory estoppel and the eleventh for a purchase money resulting trust. Additionally, the Appellate Division granted the plaintiff leave to amend the fifth cause of action but denied amendment for the sixth and seventh causes of action.

Breach of ContractBreach of Fiduciary DutyAiding and AbettingStatute of LimitationsFiduciary Tolling RuleRepudiation RulePromissory EstoppelPurchase Money Resulting TrustMotion to DismissLeave to Amend
References
14
Case No. MISSING
Regular Panel Decision

Randi A.J. v. Long Island Surgi-Center

The dissenting opinion by Justice Krausman argues against the imposition of punitive damages on Long Island Surgi-Center for a negligent breach of patient confidentiality. The plaintiff's abortion information was accidentally disclosed to her parents, causing emotional distress. Justice Krausman contends that while the center's conduct involved negligence, it did not meet the high threshold of moral culpability, malice, or conscious disregard required for punitive damages, especially since the actions were motivated by health concerns and not malicious intent. The opinion distinguishes this case from others involving gross negligence or intentional wrongdoing. Furthermore, the New York State Department of Health has already investigated and mandated corrective actions for the center, making additional punitive measures unnecessary for deterrence. Therefore, Krausman advocates for modifying the judgment to eliminate the punitive damages award.

Punitive DamagesMedical ConfidentialityBreach of PrivacyAbortionNegligenceEmotional DistressAppellate DecisionSuffolk CountyDissenting OpinionTort Law
References
14
Case No. MISSING
Regular Panel Decision

Boodram v. Brooklyn Developmental Center

Plaintiff Indra Boodram sued her employer, Brooklyn Developmental Center, for sexual harassment, alleging a hostile work environment. A jury found in her favor, awarding $798,000 in damages. The court had previously dismissed a co-worker, Joseph Adiego, from the suit. The Brooklyn Developmental Center moved to set aside the verdict. The court largely affirmed the jury's findings on hostile work environment and most damage awards. However, it conditionally granted a new trial on damages, reducing the future lost earnings award from $392,000 to $350,000, contingent on the plaintiff's acceptance.

Hostile Work EnvironmentSexual HarassmentHuman Rights LawExecutive Law § 296Jury Verdict ReviewDamages AssessmentEmotional DistressLost EarningsPost-Traumatic Stress DisorderPsychiatric Expert Testimony
References
84
Case No. MISSING
Regular Panel Decision

Rechenberger v. Nassau County Medical Center

Edward Rechenberger suffered hip fractures and underwent two operations at Nassau County Medical Center in May 1982. Following a re-injury and later diagnosis, he learned the surgical hardware was improperly implanted, leading to further operations. Mr. Rechenberger sought leave to serve a late notice of claim against the medical center. The Supreme Court initially denied the motion, but the Appellate Division reversed this decision, finding that the hospital had actual knowledge of the essential facts of the claim within the statutory 90-day period through its own medical records. The court concluded that the delay in serving the notice of claim was not substantially prejudicial to the hospital, and thus, granted the petitioners leave to serve the late notice of claim.

Medical MalpracticeLate Notice of ClaimNassau CountyHip FractureSurgical ErrorContinuous Treatment DoctrineActual NoticePrejudiceAppellate ReviewMunicipal Corporation
References
11
Case No. MISSING
Regular Panel Decision

Spherenomics Global Contact Centers v. Vcustomer Corp.

Plaintiff Spherenomics Global Contact Centers sued defendant vCustomer Corporation for breach of a non-solicitation agreement, breach of implied covenant of good faith and fair dealing, promissory estoppel, and unjust enrichment. Spherenomics, a provider of outsourced call-center services, alleged that VCC, its subcontractor, improperly solicited and secured a long-term contract with their mutual client, Fingerhut, in violation of their November 2002 agreement. While the court found that VCC indeed breached the non-solicitation provision, it ultimately ruled in favor of VCC. The court concluded that Spherenomics failed to prove by a preponderance of the evidence that VCC's breach directly caused Spherenomics to suffer damages, specifically lost profits, deeming such claims too speculative to be recoverable under New York contract law or equitable theories.

Breach of ContractNon-Solicitation AgreementLost ProfitsDamagesCausationPromissory EstoppelUnjust EnrichmentContract LawNew York LawFederal Jurisdiction
References
32
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