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

Case No. 2020 NY Slip Op 00187 [179 AD3d 1228]
Regular Panel Decision
Jan 09, 2020

Matter of Reardon v. Global Cash Card, Inc.

The case, Matter of Reardon v Global Cash Card, Inc., involves an appeal concerning the validity of 12 NYCRR part 192, regulations governing wage payment methods, including payroll debit cards, adopted by the Commissioner of Labor. Global Cash Card, Inc., a payroll debit card service provider, challenged these regulations, leading to their revocation by the Industrial Board of Appeals (IBA). The Commissioner then successfully petitioned the Supreme Court to annul the IBA's determination. On appeal, the Appellate Division affirmed the Supreme Court's decision, concluding that the Commissioner acted within her delegated legislative authority in promulgating the regulations, despite modifying the order to strike certain extraneous proof.

Labor LawWage PaymentPayroll Debit CardsAdministrative RegulationsRule-making AuthorityIndustrial Board of Appeals (IBA)CPLR Article 78Appellate ReviewStatutory InterpretationCommissioner of Labor
References
15
Case No. MISSING
Regular Panel Decision

Vam Check Cashing Corp. v. Federal Insurance

Vam Check Cashing Corporation (VAM) sued Federal Insurance Company after experiencing a $120,000 loss due to an elaborate fraud scheme. Imposters tricked a cashier at VAM's Pine Check Cashing location into handing over the money. Federal denied VAM's claim, asserting the incident did not meet the policy's definition of 'Robbery,' specifically concerning the terms 'overt felonious act' and 'cognizance.' The court examined the insurance policy's ambiguous language, particularly the meanings of 'overt' and 'cognizance.' It ruled that the cashier did not need to recognize the act as criminal for coverage, only that the physical act of transferring money occurred in her presence and control. The court found Federal's interpretation would defeat the policy's purpose of protecting check cashing businesses from fraud. Consequently, VAM's motion for summary judgment was granted, and Federal's motion was denied.

Insurance Policy InterpretationRobbery DefinitionSummary JudgmentContract AmbiguityFraud SchemeCheck Cashing BusinessOn Premises ClauseOvert Felonious ActCognizance RequirementNew York Law
References
13
Case No. MISSING
Regular Panel Decision

Valley Rehabilitation and Medical Offices, P.C. v. Cash

Plaintiff, Valley Rehabilitation, sought $10,010.56 from defendant Lynda Cash for physical therapy, claiming breach of contract and an account stated based on an agreement where Cash would be liable if her workers' compensation claim failed. However, Cash received a $12,500 workers' compensation settlement, fulfilling the conditions of the agreement. The court found that Valley Rehabilitation failed to comply with Workers’ Compensation Board rules, including obtaining authorization for services over $500 and properly filing documentation. Consequently, the court ruled that the medical provider must collect fees from the employer/carrier, not the claimant. Furthermore, the defendant's timely objections prevented the establishment of an account stated. Therefore, the plaintiff's claim was barred, and the action was dismissed with prejudice.

Workers' CompensationMedical BillingAccount StatedBreach of ContractStatutory ComplianceMedical ProviderInjured WorkerLump-Sum SettlementAuthorization RequirementsNew York Law
References
4
Case No. MISSING
Regular Panel Decision

In Re J.P. Morgan Chase Cash Balance Litigation

Plaintiffs alleged that the JPMorgan Chase Retirement Plan implemented by JPMorgan Chase violated ERISA by being age discriminatory and by failing to provide adequate notice of reduced benefit accruals after converting to a cash balance plan. Defendants moved to dismiss all remaining counts. The court denied the motion to dismiss for the age discrimination claim (Count I) and the notice claims (Counts IV-VI), interpreting ERISA's "rate of benefit accrual" to refer to the employee's retirement benefit, which is detrimentally affected for older workers in cash balance plans. The court found that the plan conversion could lead to a significant reduction in benefit accrual, requiring notice. Counts II and III, related to back-loading and forfeiture claims, were dismissed as they had been withdrawn by the plaintiffs.

ERISAAge DiscriminationCash Balance PlansDefined Benefit PlansDefined Contribution PlansBenefit AccrualStatute of LimitationsMotion to DismissNotice RequirementsSummary Plan Description
References
23
Case No. 99-11240 B, 08-CV-774A, Adv. No. 01-1193B
Regular Panel Decision
Nov 01, 2010

McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)

This memorandum opinion addresses the calculation of prejudgment interest on fraudulent transfer claims recovered by Gerard A. McHale, Jr., P.A., as Trustee for the 1031 Debtors Liquidation Trust, against the Boulder Defendants. The Court determined that three transfers in 2005 and 2006 were fraudulent under section 548(a) of the Bankruptcy Code. It concludes that the Trustee is entitled to prejudgment interest from the adversary proceeding commencement date, March 20, 2009, at the bank prime loan rates in effect on the dates of each transfer (6.5%, 8.0%, and 8.25%). Additionally, the Trustee is entitled to post-judgment interest at the federal judgment rate, and a final judgment is to be entered pursuant to Federal Rule of Civil Procedure 54(b).

Prejudgment InterestFraudulent TransferBankruptcy CodeAdversary ProceedingFederal Judgment RateMarket Rate InterestPrime RateRule 54(b) JudgmentTrustee RecoveryBankruptcy Court
References
26
Case No. MISSING
Regular Panel Decision
Mar 21, 1961

People v. Meadows

This is an appeal by a defendant from a judgment of the County Court, Dutchess County, rendered March 21, 1961, convicting her of grand larceny in the second degree, forgery in the third degree, misappropriation of funds by a public officer, and obtaining proceeds of a fraudulent audit. The defendant, a case worker for the Welfare Department of the City of Poughkeepsie, was indicted on 68 counts for fraudulently causing checks to be issued to welfare recipients and then converting the proceeds. Recipients testified they either cashed checks and gave proceeds to the defendant or endorsed checks in blank and gave them to her. The defendant claimed the verdict was against the weight of the evidence, that corroborating testimony was improperly admitted, and that there was an erroneous jury charge. The appellate court affirmed the judgment, finding the record sustained the verdict, the challenged testimony was properly received, and any assumed error in the charge did not prejudice the defendant.

Grand LarcenyForgeryMisappropriation of FundsPublic Officer MisconductFraudulent AuditWelfare FraudCriminal AppealJury TrialSufficiency of EvidenceEvidentiary Ruling
References
0
Case No. 2020 NY Slip Op 03444
Regular Panel Decision
Jun 18, 2020

Schoch v. Lake Champlain OB-GYN, P.C.

Kim E. Schoch, a certified nurse midwife, was employed by Lake Champlain OB-GYN, P.C. and covered by a professional liability insurance policy from Medical Liability Mutual Insurance Company (MLMIC), with the employer paying all premiums. Following MLMIC's conversion to a stock insurance company, a cash consideration was to be distributed to eligible policyholders. Schoch, as the named insured, was deemed the policyholder, but Lake Champlain OB-GYN objected, claiming entitlement due to its premium payments, a claim upheld by the Supreme Court based on unjust enrichment. The Appellate Division reversed, ruling that Schoch, as the policyholder, was legally entitled to the consideration per statute and MLMIC's conversion plan. The court found that the demutualization proceeds were an unexpected windfall not explicitly covered by the employment agreement, and that Lake Champlain OB-GYN's unjust enrichment claim failed because Schoch's entitlement was based on law, not mistake or fraudulent conduct. Consequently, Schoch was declared solely entitled to the $74,747.03 cash consideration.

DemutualizationInsurance PolicyPolicyholder RightsUnjust EnrichmentProfessional LiabilityEmployment BenefitsAppellate DivisionContractual InterpretationCash ConsiderationMutual to Stock Conversion
References
16
Case No. MISSING
Regular Panel Decision

McAllister v. Renu Industrial Tire Corp.

The plaintiff, injured by a split-rim tire assembly during employment, sued his employer (the defendant) for 'fraudulent and intentional' impairment of his right to sue the manufacturer, alleging destruction of evidence. The defendant's president had assured the plaintiff of workers' compensation coverage, and the assembly was discarded later. Both parties testified there was no agreement to preserve the assembly. The Supreme Court granted summary judgment to the defendant, stating employers lack a duty to preserve such instrumentalities without prior agreement. The appellate court affirmed, finding no duty as the assembly was innocently discarded before notice of a potential lawsuit.

Destruction of EvidenceSpoliation of EvidenceSummary JudgmentEmployer LiabilityWorkers' CompensationDuty to PreserveThird-Party LawsuitAppellate ReviewFraudulent ConductTortious Conduct
References
2
Case No. MISSING
Regular Panel Decision

Holt Construction Corp. v. Grand Palais, LLC

Holt Construction Corp. initiated an action against Grand Palais, LLC, Grand Palais Development, Inc., Platte River Insurance Company, and Howard Lepow, seeking to foreclose a mechanic’s lien, set aside fraudulent conveyances, and recover damages for diversion of trust assets. The Supreme Court initially ruled in favor of Holt on multiple causes of action. Defendants appealed, and Holt cross-appealed from portions of the judgment entered January 19, 2012. The appellate court dismissed certain appeals, modified the judgment by dismissing the seventh cause of action and portions of the twelfth and thirteenth causes of action related to Lien Law § 13 (5), and reversed the dismissal of claims against Howard Lepow for violations of Lien Law §§ 72 and 77, awarding judgment in favor of Holt against Lepow for $935,342.55. As modified, the judgment was affirmed with costs to the plaintiff.

Mechanic's LienFraudulent ConveyanceDiversion of Trust AssetsDebtor and Creditor LawLien LawAppellate ReviewJudgment ModificationNonjury TrialCorporate Officer LiabilityConstruction Contract
References
11
Case No. MISSING
Regular Panel Decision

Bordonaro v. Fido's Fences, Inc.

James J. Bordonaro appealed a Bankruptcy Court order that denied his discharge under 11 U.S.C. §§ 727(a)(3) and (a)(4)(A). The Bankruptcy Court had found that Bordonaro failed to keep adequate records by redacting bank statements and not producing a cash log, and made knowingly false statements in his bankruptcy petition regarding his finances and creditor status. Presiding District Judge Joseph F. Bianco reviewed the decision. The District Court affirmed the denial of discharge, concluding that the Bankruptcy Court's findings of fact were not clearly erroneous and its legal conclusions were correct. This decision upheld the denial of a 'fresh start' for the debtor due to his fraudulent conduct and failure to maintain proper financial records.

BankruptcyDischarge DenialFraudFalse OathInadequate RecordsFinancial MisrepresentationChapter 7CreditorDebtorAppeal
References
51
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