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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 05204 [186 AD3d 1679]
Regular Panel Decision
Sep 30, 2020

Matter of Board of Mgrs. of Half Moon Bay Mar. Condominium v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.

This case concerns a CPLR article 78 proceeding initiated by the Board of Managers of Half Moon Bay Marina Condominium and Maria Elena DiBella against the Board of Directors of Half Moon Bay Homeowners Association, Inc. The dispute arose over the voting rights of Marina directors on the HOA Board, which the HOA Board sought to restrict. The Supreme Court, Westchester County, ruled in favor of the petitioners, compelling the HOA Board to allow unrestricted voting. The Appellate Division affirmed this judgment, determining that the HOA's bylaws regarding voting rights were ambiguous. The court found that extrinsic evidence, including the HOA Board's historical practice, supported the interpretation that all directors had an unrestricted right to vote on all HOA matters.

Bylaws InterpretationVoting RightsCondominium LawHomeowners AssociationCPLR Article 78Contract InterpretationExtrinsic EvidenceBoard of DirectorsAppellate ReviewAmbiguity
References
11
Case No. 14-CV-1044
Regular Panel Decision
Mar 29, 2018

Greene v. Paramount Pictures Corp.

Plaintiff Andrew Greene sued Paramount Pictures, Red Granite Pictures, and Appian Way for defamation, alleging he was portrayed inaccurately in 'The Wolf of Wall Street' movie through the character Nicky Koskoff. Greene claimed the character, nicknamed 'Rugrat' (mocking his toupee, similar to Greene's 'Wigwam'), defamed him by depicting him engaged in criminal activity, drug use, and unprofessional behavior. Defendants moved for summary judgment, arguing the character was a composite, not 'of and concerning' Greene, and that they did not act with actual malice. The Court found that even if Koskoff was a depiction of Greene, the plaintiff failed to show clear and convincing evidence that defendants acted with actual malice, as they did not knowingly or recklessly disregard whether the character would be perceived as Greene. Therefore, the Court granted the defendants' motion for summary judgment and dismissed Greene's libel claim with prejudice.

DefamationLibelSummary JudgmentActual MalicePublic FigureFictional CharacterComposite CharacterFirst AmendmentMovie ProductionThe Wolf of Wall Street
References
29
Case No. MISSING
Regular Panel Decision

People v. Green

On January 11, 1990, Sun Ok Kim was assaulted, robbed, and subjected to an attempted burglary. Two weeks later, she identified Kenneth Green in a police lineup. Green subsequently filed a motion to suppress the identification testimony, citing both suggestive lineup procedures and the scientific unreliability of eyewitness identification. The court considered expert testimony regarding the factors affecting eyewitness accuracy, including witness confidence and stress levels, but found no evidence of suggestiveness in the police's conduct. Ultimately, the court denied Green's motion in its entirety, ruling that the scientific arguments related to the weight of the identification evidence, not its admissibility, which remains a question for the jury.

Eyewitness IdentificationSuppression MotionDue ProcessSuggestive LineupScientific ReliabilityYerkes-Dodson LawCriminal ProcedureAdmissibility of EvidenceWeight of EvidenceHuman Perception
References
4
Case No. MISSING
Regular Panel Decision
Jan 05, 1999

Acosta v. S.L. Green Management Corp.

The plaintiff was injured on property leased by their employer, Ann Sacks Tile & Stone, Inc., and owned by S.L. Green Management Corp. The plaintiff sued Green for negligence. Green then filed a third-party claim against Sacks for contribution and indemnity. The Supreme Court initially granted Sacks' motion for summary judgment, citing the Workers' Compensation Law. However, this decision was reversed on appeal. The appellate court found that while Workers' Compensation Law § 11 generally bars such third-party actions against employers, an exception exists if there's a pre-existing indemnification contract. The lease between Sacks and Green contained such a clause, and there was an issue of fact as to whether Sacks breached the lease by failing to repair a non-structural defect. Therefore, Sacks could not conclusively prove the action was barred.

IndemnificationContributionWorkers' Compensation LawSummary JudgmentAppellate ReviewThird-Party ActionLease AgreementBreach of ContractGrave InjuryNegligence
References
1
Case No. MISSING
Regular Panel Decision
Jun 01, 1987

Ebbecke v. Bay View Environmental Services, Inc.

Charles Ebbecke suffered severe injuries from a chemical splash while waste was being loaded into a tanker. He initiated a personal injury lawsuit against Bay View Environmental Services, Inc., the company responsible for loading. Bay View subsequently impleaded Grumman Aerospace Corp., Ebbecke's employer, seeking contractual indemnification. Grumman, in turn, claimed indemnification from Bay View under a purchase order contract. The Supreme Court dismissed Grumman's indemnification claim. On appeal, the court affirmed the judgment, ruling that the contractual clause did not explicitly demonstrate an "unmistakable intent" for Bay View to indemnify Grumman for Grumman's own negligence, especially considering ambiguities are resolved against the drafter, Grumman.

Contractual IndemnificationPersonal InjuryThird-Party ClaimNegligenceContract InterpretationTypewritten vs. Printed ProvisionsRisk AllocationUnmistakable IntentAmbiguity in ContractAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Green Hills (USA), L.L.C. v. Aaron Streit, Inc.

Green Hills, LLC brought an action against Aaron Streit, Inc. and Certified Environments, Inc. for violations of the Resource Conservation and Recovery Act (RCRA) and New York Navigation Law, along with other common law provisions. The dispute arose after Green Hills purchased a property from Streit's, which was previously inspected by CEI, and subsequently discovered leaked heating oil from underground storage tanks. Green Hills alleges that Streit's misrepresented the property's environmental condition and CEI failed to detect the hazards. Defendants moved to dismiss various counts of the complaint, with Streit's arguing lack of subject matter jurisdiction and failure to state a claim under RCRA, and CEI arguing the economic loss rule bars certain state-law claims. The court denied both defendants' motions to dismiss, finding sufficient allegations for an RCRA claim and exercising supplemental jurisdiction over state-law claims against CEI. The court also granted Green Hills' cross-motion to amend its complaint.

RCRAEnvironmental LawHazardous WasteUnderground Storage TanksContaminationNew York Navigation LawMotions to DismissSubject Matter JurisdictionFailure to State a ClaimSupplemental Jurisdiction
References
29
Case No. 2025 NY Slip Op 25151
Regular Panel Decision
Jul 01, 2025

Friends of Fort Greene Park v. New York City Parks & Recreation Dept.

This CPLR article 78 proceeding was brought by Friends of Fort Greene Park against the New York City Department of Parks and Recreation, challenging the environmental review process for a renovation project in Fort Greene Park. Petitioner alleged that the Parks Department failed to take a "hard look" at adverse environmental impacts, improperly segmented environmental review, issued a conditional negative declaration, and used an arbitrary tree valuation tool. The court denied the petition, finding that the Parks Department complied with SEQRA and rationally applied its protocols. The court also addressed a novel claim under New York's Green Amendment, concluding it creates a self-executing substantive right but found no violation in this context, as the project was justified by important government interests and aimed for long-term environmental improvement.

Environmental ReviewSEQRACEQRGreen AmendmentConstitutional LawPublic Park RenovationTree RemovalHistoric PreservationJudicial ReviewArticle 78 Proceeding
References
38
Case No. 2023 NY Slip Op 02297 [216 AD3d 617]
Regular Panel Decision
May 03, 2023

Curry v. Town of Oyster Bay

Edward Curry, Sr. commenced an action against the Town of Oyster Bay, O.B. Sanitation Dept., and Mike Del, among others, to recover damages for assault and battery. The claims arose from an incident on January 6, 2019, and subsequent conduct. The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (7). The Supreme Court initially denied the motion. On appeal, the Appellate Division modified the order by granting dismissal of claims against O.B. Sanitation Dept. and Mike Del related to the January 6, 2019 incident, and dismissing all claims arising after January 6, 2019, against all appellants due to an inadequate notice of claim. The Supreme Court's decision to deny dismissal against the Town of Oyster Bay for the January 6, 2019 incident was affirmed based on a theory of vicarious liability.

Assault and BatteryVicarious LiabilityNotice of ClaimMotion to DismissCPLR 3211 (a) (7)Municipal LiabilityAppellate ReviewProcedural LawTortsPersonal Injury
References
4
Case No. 153 AD3d 1621
Regular Panel Decision
Sep 29, 2017

Matter of Brooks v. Greene

This case involves an appeal by Halbert Brooks, Jr. (father) from a Family Court order that awarded sole custody of the parties' child to Paula Greene (mother) and mandated supervised overnight visitation for the father. The Appellate Division, Fourth Department, dismissed the appeal concerning supervised visitation as moot because subsequent orders allowed unsupervised visitation. However, the appeal was not moot regarding the custody issues. The Court affirmed the Family Court's denial of the father's recusal motion against the Judge and his motion to remove the Attorney for the Child, finding no substantiated allegations of bias in either instance.

Family LawChild CustodyVisitation RightsRecusal MotionAttorney for the ChildMootness DoctrineJudicial DiscretionAppellate ReviewBias AllegationsFamily Court Act Article 6
References
10
Case No. MISSING
Regular Panel Decision
Sep 30, 2002

Greene v. Trustees of Columbia University in New York

The plaintiff, John Greene, a former Special Police Officer at Columbia University, filed a complaint alleging employment discrimination under Title VII, New York State Human Rights Law, and New York City Administrative Code, along with tort claims. He claimed hostile work environment, disparate treatment, disparate impact, retaliation, and constructive discharge, stemming from incidents like being called “Buckwheat” by a supervisor and alleged retaliatory write-ups. Magistrate Judge Ellis recommended granting summary judgment for the defendants, finding that Greene's discrimination claims were largely time-barred, Columbia University had an affirmative defense to the hostile work environment claim, and his retaliation, constructive discharge, and tort claims lacked merit. Senior District Judge Knapp adopted Magistrate Judge Ellis's Report and Recommendation, thereby granting the defendants' motion for summary judgment.

Employment DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentTitle VIIHuman Rights LawNegligent HiringIntentional Infliction of Emotional DistressSupervisor Liability
References
48
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