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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Nov 29, 2010

Mauro v. Countrywide Home Loans, Inc.

Plaintiff Maria Mauro brought an action against Countrywide Home Loans, Inc., and several other defendants, including her investment advisor Peter J. Dawson and the Kaplan defendants (attorneys for Countrywide), alleging federal claims under the Truth in Lending Act (TILA) and various state law claims. Mauro claimed that the proceeds from two mortgage loans, secured by her investment rental properties, were misappropriated by Dawson. The defendants moved for summary judgment, arguing that TILA was inapplicable because the loans were for business purposes and that the Kaplan defendants were not 'creditors' under the statute. The court granted the defendants' motions for summary judgment on the TILA claim, concluding that the loans were indeed for business purposes, thus exempting them from TILA's coverage. The court also found that the Kaplan defendants did not qualify as 'creditors' under TILA. Consequently, the court declined to exercise supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

Truth in Lending ActTILA ExemptionBusiness PurposeInvestment PropertySummary JudgmentFederal JurisdictionSupplemental JurisdictionState Law ClaimsMortgage FraudCreditor Definition
References
57
Case No. 7053 (VLB)
Regular Panel Decision
Sep 29, 1992

Federal Home Loan Mortgage Corp. v. Spark Tarrytown, Inc.

District Judge Broderick's memorandum explains the decision to grant an ex-parte order for the appointment of a receiver in a mortgage foreclosure case initiated by Federal Home Loan Mortgage Corporation (FHLMC). The judge justified the extraordinary remedy by citing the defendants' inability to be located, the imminent collection of rents, and a history of non-payment despite repeated requests. The decision emphasizes stringent due process requirements for ex-parte relief, referencing Supreme Court and Second Circuit precedents on pre-deprivation notice. The accompanying order formally appoints Jerry Waxenberg as Receiver, detailing his comprehensive powers and duties for property management, rent collection, and compliance with legal requirements in Westchester County.

Ex-parteReceivershipMortgage ForeclosureDue ProcessProperty RightsNotice RequirementsDefaultRent CollectionProperty ManagementJudicial Order
References
6
Case No. No. 95 Civ. 5338 (JGK)
Regular Panel Decision
Dec 11, 1995

Petition of Home Ins. Co.

The Home Insurance Company (Home) filed a petition to compel arbitration against Svedala Industries Inc. (Svedala) under the Federal Arbitration Act concerning disputed retrospective premiums. Svedala cross-moved to dismiss, arguing the dispute arose under an insurance policy without an arbitration clause and that Home had previously invoked federal jurisdiction in a Wisconsin action. The court clarified that only the Southern District of New York could compel arbitration, as specified in the agreement. The court granted Home's petition, concluding that the broad arbitration clause in the Retrospective Premium Agreement covered the dispute, and denied Svedala's cross-motion, thereby ordering the parties to proceed with arbitration.

ArbitrationFederal Arbitration ActRetrospective Premium AgreementWorkers Compensation PolicyMotion to Compel ArbitrationStay of ProceedingsFirst-Filed RuleContract InterpretationScope of Arbitration ClauseBad Faith Claim
References
15
Case No. MISSING
Regular Panel Decision

Diamond v. Reilly Homes Construction Corp.

Plaintiffs Dale A. Diamond and James Panek sustained injuries at a construction site in East Fishkill while assembling a modular home. The accident occurred when a suspended roof section, being hoisted to allow for 'knee wall' installation, fell on them due to bracket failure. Plaintiffs subsequently filed a claim under Labor Law § 240 (1) against defendants Reilly Homes Construction Corporation, Chelsea Homes, Inc., and Royal Crane, Inc. The Supreme Court initially denied plaintiffs' motion for partial summary judgment and granted summary judgment to Reilly Homes and Chelsea Homes, while also granting summary judgment to Royal Crane. The appellate court modified the orders, reversing the denials against Reilly Homes and Chelsea Homes and granting partial summary judgment to plaintiffs, but affirmed the summary judgment in favor of Royal Crane.

Labor Law § 240 (1)Construction Site AccidentFalling ObjectSummary JudgmentAppellate ReviewHoist ApparatusElevation DifferentialWorker SafetyContractor LiabilityStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
Oct 17, 2001

Vanderwerff v. Home

This case concerns an appeal by a plaintiff and defendant Otis Elevator, Inc., from an order of the Supreme Court, Westchester County. The order granted summary judgment to Victoria Home, dismissing the plaintiff's personal injury complaint against it, and also granted judgment dismissing Otis Elevator's cross claim. The Appellate Division affirmed the order, holding that the plaintiff, having received Workers’ Compensation benefits from her general employer, was a special employee of Victoria Home. Consequently, the plaintiff's action against Victoria Home was barred by the Workers’ Compensation Law. The court found that Victoria Home exclusively controlled the manner and details of the plaintiff's work while she was employed there, thus establishing a special employment relationship.

Personal InjuryWorkers' CompensationSpecial EmployerGeneral EmployerSummary JudgmentAppellate ReviewPremises LiabilityNegligenceTort LawNew York Law
References
6
Case No. MISSING
Regular Panel Decision
Jul 01, 2011

Swift v. Countrywide Home Loans, Inc.

Plaintiff, a homosexual male and former employee of Countrywide Home Loans, filed a lawsuit alleging discrimination based on Title VII and New York State Human Rights Law, claiming a hostile work environment due to "gender stereotyping" and retaliatory termination. Defendant moved for summary judgment, arguing Title VII does not cover sexual orientation discrimination and that the harassment wasn't severe enough. The court granted summary judgment for the hostile environment claim, concluding that the plaintiff was attempting to "bootstrap" a sexual orientation discrimination claim into a gender stereotyping claim, which is not cognizable under Title VII. However, the court denied summary judgment for the retaliation claim, finding that the plaintiff's good faith belief in protected activity and questions of fact regarding causation and pretext were sufficient to withstand summary judgment.

DiscriminationRetaliationHostile Work EnvironmentGender StereotypingSexual OrientationTitle VIISummary JudgmentEmployment LawNew York State Human Rights LawFederal Rules of Civil Procedure Rule 56
References
29
Case No. MISSING
Regular Panel Decision

Mafia v. Creekview Homes Ltd.

The plaintiffs appealed an order from the Supreme Court, Dutchess County, which had granted summary judgment to the defendant Creekview Homes, Ltd., and dismissed the complaint against all defendants in a personal injury action. The appellate court found that Creekview Homes, Ltd. failed to demonstrate a prima facie entitlement to judgment as a matter of law. Affidavits submitted by Creekview Homes regarding the injured plaintiff's workers' compensation claim did not definitively rule out the accident occurring on their property. A triable issue of fact exists concerning the accident location. Therefore, the appellate court reversed the lower court's order and denied Creekview Homes' motion for summary judgment.

personal injurysummary judgmentappealDutchess Countypremises liabilityworkers' compensation claimprima facie showingtriable issue of factaccident locationappellate court
References
1
Case No. MISSING
Regular Panel Decision

Home Depot U.S.A., Inc. v. National Fire & Marine Insurance

Home Depot U.S.A., Inc., the general contractor, commenced an action against its subcontractor's insurer, National Fire & Marine Insurance Company, seeking a declaration of coverage. Home Depot, individually and as assignee of Westward Contracting, Inc., sought to compel National Fire to defend and indemnify it as an an additional insured in an underlying action, and to indemnify Westward. The Supreme Court denied Home Depot's discovery motion, granted National Fire summary judgment declaring Home Depot was not an additional insured, and denied National Fire's motion to dismiss Home Depot's claims as Westward's assignee for lack of standing and for summary judgment on the indemnification obligation to Westward. The appellate court affirmed the Supreme Court's order, finding Home Depot was not an additional insured and that the assignment to Home Depot was valid and did not relieve National Fire of its indemnification obligation to Westward.

Insurance CoverageAdditional InsuredIndemnificationSummary JudgmentStandingAssignment of ClaimsSubcontractor LiabilityGeneral ContractorCommercial General Liability PolicyAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

In re Harmon Funeral Home, Inc.

Judge Mikoll dissents from a Workers' Compensation Board decision that found an employer-employee relationship between Harmon Funeral Home, Inc. and its pallbearers. The dissent argues that there is not substantial evidence to support this conclusion, citing a lack of control and direction by the funeral home over the pallbearers. Pallbearers are sourced from a livery service, not instructed by the funeral home, and receive no employee benefits. Although a union agreement designated pallbearers as employees, the dissent states this factor alone should not be determinative given the overall circumstances indicating an independent contractor relationship. The dissent concludes that the Board's decision should be reversed.

Employer-employee relationshipPallbearersIndependent contractorWorkers' compensationUnion agreementControl and directionLivery serviceDissentFuneral homeLabor law
References
1
Case No. 2025 NY Slip Op 04576 [241 AD3d 563]
Regular Panel Decision
Aug 06, 2025

New York Bus Operators Compensation Trust v. American Home Assur. Co.

The New York Bus Operators Compensation Trust (NYBOCT), a self-insured entity, brought an action against its excess-of-loss insurer, American Home Assurance Co., alleging breach of contract and seeking declaratory relief. This dispute arose after American Home denied coverage for a workers' compensation claim due to untimely notice. The Supreme Court granted American Home's motion to dismiss the complaint as time-barred, which NYBOCT appealed. The Appellate Division affirmed the Supreme Court's decision, ruling that the six-year statute of limitations for breach of contract began when American Home disclaimed coverage on May 18, 2012, making NYBOCT's 2020 lawsuit untimely. The court rejected arguments related to the continuing-wrong doctrine and estoppel.

Limitation of ActionsBreach of ContractInsurance ContractDisclaimer of CoverageStatute of LimitationsWorkers' CompensationExcess-of-Loss PolicySelf-Insured TrustUntimely NoticeAppellate Review
References
29
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