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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

Morser v. AT & T INFORMATION SYSTEMS

Plaintiff Roy Morser filed an age discrimination complaint against defendant AT & T Information Systems (ATT-IS) after being laid off during a company-wide reduction-in-force. The court initially granted summary judgment in favor of ATT-IS, prompting Morser to file a motion for reargument. Morser based his motion on recent Second Circuit employment discrimination decisions, Montana and Ramseur, arguing that the court had overlooked or misapplied summary judgment standards, particularly regarding intent and drawing inferences in favor of the non-moving party. The court granted the motion for reargument, but upon reconsideration, reaffirmed its original decision to grant summary judgment to ATT-IS. The court found that its initial ruling had properly applied summary judgment standards and distinguished the facts of Morser's case from the precedents cited, noting the context of a massive layoff and lack of specific evidence of discriminatory intent.

Age DiscriminationSummary JudgmentReduction-in-Force (RIF)Rule 56 Fed.R.Civ.P.Rule 3(j) Civil Rules S.D.N.Y. & E.D.N.Y.Rule 59(e) Fed.R.Civ.P.Reargument MotionEmployment LawDisparate TreatmentSecond Circuit Precedent
References
20
Case No. MISSING
Regular Panel Decision

Brownstone Publishers, Inc. v. New York City Department of Buildings

The petitioner publishing company sought information from the New York City Department of Buildings (DOB) under the Freedom of Information Law (FOIL) in a computer tape format. The DOB offered the information in hard copy, citing no obligation to accommodate format preference, despite the petitioner's claim of substantial cost and difficulty in re-digitizing hard copies. The court, noting New York's Public Officers Law, emphasized the requirement for 'full' or 'maximum' access to records, which includes computer tapes or discs. It determined that providing over a million pages in hard copy would not constitute reasonable or maximum access. The court found no significant hardship for the DOB to provide the data electronically at the petitioner's expense. Consequently, the CPLR article 78 petition was granted, directing the DOB to provide the electronic records in computer tape format.

Freedom of Information LawPublic Officers LawInformation FormatElectronic RecordsHard CopyData AccessCPLR Article 78Government TransparencyCommercial InterestsNew York City Department of Buildings
References
2
Case No. MISSING
Regular Panel Decision

Kleehammer v. Monroe County

This case involves an employment sex discrimination and retaliation lawsuit filed by Plaintiff Kleehammer against Monroe County and Sheriff O'Flynn. Kleehammer alleges hostile work environment and retaliation under Title VII, NYSHRL, and 42 U.S.C. § 1983. The hostile environment claim stemmed from a single incident involving a female visitor and a male inmate, and subsequent lewd comments by co-workers. Kleehammer also claimed retaliation for complaining about the hostile environment and for alleged denial of "Z time" leave. The Court granted in part and denied in part the defendants' motion for judgment on the pleadings, dismissing the hostile environment and Equal Protection/Fourth Amendment claims due to insufficient pleading and lack of employer liability for co-worker conduct, but allowed the retaliation claims (Third and Fourth causes of action) to proceed. The Court cautioned Plaintiff's counsel regarding Federal Rule of Civil Procedure 11 for good faith pleading.

Employment DiscriminationHostile Work EnvironmentRetaliation ClaimMotion to DismissJudgment on the PleadingsTitle VII Civil Rights ActNew York Human Rights LawSection 1983 ClaimPleading StandardsBell Atlantic Corp. v. Twombly
References
46
Case No. MISSING
Regular Panel Decision

Securities & Exchange Commission v. Cassano

This insider trading case concerns alleged illegal trading activities stemming from material nonpublic information regarding IBM's 1995 hostile tender offer for Lotus Development Corporation. An IBM secretary, Lorraine Cassano, leaked information about the impending acquisition to her husband, Robert Cassano, who then shared it with P. Gerard Mazzone, leading to profitable trades. Mazzone further tipped Richard Cofrancesco, who in turn informed Dominic Alba. Alba, along with Dominic Spinelli, Josephine DeCicco, and Claudio Spinelli (the 'Alba Defendants'), then engaged in significant insider trading using Lotus call options, realizing substantial profits. The Alba Defendants are also accused of providing false statements to SEC investigators about their trading activities and knowledge of other traders. The court denied the Alba Defendants' motion to dismiss the complaint, which argued a failure to plead fraud with particularity under Fed.R.Civ.P. 9(b) and a failure to state a claim for injunctive relief.

Insider TradingSecurities Exchange Act of 1934Rule 14e-3Motion to DismissInjunctive ReliefFraud PleadingFed.R.Civ.P. 9(b)Material Nonpublic InformationTender OfferCorporate Acquisition
References
4
Case No. MISSING
Regular Panel Decision
Nov 21, 1994

Brooke v. Schlesinger

Peter Brooke filed a civil action under the Racketeer Influenced and Corrupt Organizations Act (RICO) and for common law fraud against Daniel Stieglitz, Mark Sugel, and other defendants. Brooke alleged a scheme to defraud him at Net 30 Accessories, Inc., which he co-founded. The alleged fraudulent activities included invoicing fraud, concealment of financial information, and inducing Brooke to sell his interest in the company under false pretenses. Defendants Stieglitz and Sugel moved to dismiss the claims for failure to state a claim and insufficient pleading of fraud. The court granted Stieglitz's motion, dismissing the RICO and common law fraud claims against him due to inadequate pleading of predicate acts and lack of subject matter jurisdiction for the state claim. However, the court denied Sugel's motion, finding that Brooke sufficiently pleaded predicate acts, a pattern of racketeering activity, causation, and common law fraud against him. Plaintiff Brooke was granted leave to amend his complaint within 30 days.

RICO ActCivil ActionMotion to DismissMail FraudWire FraudFraudulent SchemeRacketeering ActivityPattern of RacketeeringProximate CauseRICO Conspiracy
References
43
Case No. MISSING
Regular Panel Decision

Meyers v. Huschle Bros.

The court affirmed Special Term's decision to strike certain paragraphs from the defendant's answer due to redundancy and failure to comply with Civil Practice Act § 241, which requires plain and concise statements of material facts in pleadings, even in libel actions. Specifically, the court found the material insufficient as a defense of justification if it purported to apply general statements about labor unions to the plaintiff union. The decision further clarified the requirements for pleading justification, stating that particular facts and circumstances constituting the truth must be set forth in detail, rather than merely reiterating libelous words. Additionally, for pleading mitigation, the court mandated that specific mitigating circumstances, including sources of information and grounds for belief, be stated to demonstrate an absence of actual malice, pursuant to Civil Practice Act § 338. Finally, the court addressed the burden of proof for establishing actual malice in cases involving qualified privilege, noting that it generally rests with the plaintiff once a relationship giving rise to qualified privilege is established.

LibelPleading standardsJustification defenseMitigation defenseActual maliceQualified privilegeCivil Practice ActRedundancy in pleadingsMaterial factsBurden of proof
References
6
Case No. MISSING
Regular Panel Decision

Lacorte v. Hudacs

Plaintiffs Kenneth P. Lacorte and Lacorte Electrical Construction previously admitted to violating New York State Labor Laws by underpaying employees on public works projects, later pleading guilty to grand larceny. They filed a § 1983 complaint, alleging various defendants conspired to deprive them of due process by initiating unfounded investigations, distributing defamatory information, and drafting legislation to declare them "non-responsible" bidders, thus disqualifying them from public works contracts. Earlier motions to dismiss by state and union defendants were granted. This decision addresses motions by the Albany County defendants (County of Albany, Michael Polovina, Richard Meyers, and Frank Commisso) to dismiss the complaint or for judgment on the pleadings. The Court found that plaintiffs sufficiently alleged a cause of action for violation of due process rights as low bidders on an Albany County Airport public works contract and denied dismissal of conspiracy allegations. Defamation allegations were also found sufficiently pleaded as an invasion of the Due Process liberty interest in reputation. Finally, the Court denied legislative immunity to defendants Meyer and Commisso, characterizing their actions in awarding the contract as administrative. Therefore, all motions by the Albany defendants were denied.

Civil RightsDue ProcessSection 1983Public Works ContractsLow BidderDefamationLiberty InterestLegislative ImmunityAdministrative ActConspiracy
References
35
Case No. MISSING
Regular Panel Decision

Johnson v. St. Barnabas Nursing Home

Plaintiff Felicia Pickett Johnson, pro se, brought an action against her former employer, St. Barnabas Nursing Home, and co-worker, Ronald Granger, under Title VII, the ADA, and New York Human Rights Laws. Claims against Granger were dismissed without prejudice. St. Barnabas moved for judgment on the pleadings, asserting that Johnson's federal claims were time-barred because she failed to file within 90 days of receiving her EEOC right-to-sue letter. The court determined that Johnson's filing on February 7, 2008, was beyond the 90-day period, whether calculated from the presumptive receipt date of November 3, 2007, or her claimed receipt date of November 14, 2007 (or even November 8, 2008, based on a fax confirmation). Finding no extraordinary circumstances to warrant equitable tolling, the court dismissed the federal claims as time-barred and declined to exercise supplemental jurisdiction over the remaining state law claims. Consequently, St. Barnabas's motion for judgment on the pleadings was granted.

Title VIIADAEmployment DiscriminationStatute of LimitationsEquitable TollingRight-to-Sue LetterJudgment on the PleadingsSupplemental JurisdictionCivil Rights ActAmericans with Disabilities Act
References
8
Case No. MISSING
Regular Panel Decision

Rolon v. Henneman

Plaintiff Dennis Rolon, a police officer, sued Sergeant Ari Moskowitz under 42 U.S.C. § 1983, alleging Fourteenth Amendment due process violations for false disciplinary charges and testimony that led to his suspension. The court considered Moskowitz's motion for judgment on the pleadings. The court found that Rolon failed to state a claim for false testimony because Moskowitz's testimony was struck from the record and disbelieved. Additionally, Rolon's claims for malicious prosecution and fabrication of evidence failed because his Fourth Amendment rights were not implicated, as he faced administrative rather than criminal charges, and suffered no deprivation of liberty, only property loss. Consequently, Moskowitz’s motion for judgment on the pleadings was granted.

Due processSection 1983False disciplinary chargesAbsolute immunityQualified immunityMalicious prosecutionFabrication of evidenceFourth AmendmentFourteenth AmendmentAdministrative proceedings
References
25
Case No. MISSING
Regular Panel Decision

Boyle v. Texasgulf Aviation, Inc.

This opinion by District Judge Goettel addresses motions within the long-standing "Texasgulf cases," stemming from a 1981 corporate aircraft crash, primarily focusing on a workers' compensation lien. Plaintiff Boyle moved to extinguish or reduce a lien held by Zurich-American Insurance Companies, while Texasgulf cross-moved to amend pleadings to join as a plaintiff to apportion damages under Connecticut law. The court determined that Connecticut law governs the workers' compensation lien issues for the Connecticut residents involved, denying the plaintiffs' request for New York law. However, Texasgulf's motion to amend its pleadings was denied due to undue and unjustified delay of over four years since a key jury finding establishing its corporate independence from TGA, and after all appeals and settlements had concluded. The court emphasized that allowing such a late amendment would be contrary to judicial efficiency and the finality of judgments, despite the ambiguity of Connecticut's statutory notice requirements.

Workers' Compensation LienChoice of LawConnecticut LawNew York LawRule 15 AmendmentUndue DelayPrejudiceCorporate VeilWrongful Death StatuteAircraft Crash Litigation
References
24
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