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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

Henry v. New York State Commission of Investigation

Petitioners, Suffolk County District Attorney Patrick Henry and Assistant DA Raymond G. Perini, initiated a proceeding against the New York State Commission of Investigation (S.I.C.) and its chairman, David G. Trager. They alleged the S.I.C. overstepped its jurisdiction, interfered with the DA's duties, and violated their constitutional and statutory rights during a two-year probe into the Suffolk County Police Department and DA's office. Petitioners sought various forms of relief, including declaratory judgments, injunctive relief, and pre-release judicial review of the S.I.C.'s report. The court denied motions for intervention and discovery, concluding that the S.I.C. is a purely investigative body without adjudicatory or prosecutorial powers, thus upholding its enabling act's constitutionality and denying all of the petitioners' requested relief. The court granted the respondents' cross-motion to dismiss the proceeding.

Investigatory PowersDue Process RightsJurisdictional DisputeDeclaratory JudgmentInjunctive ReliefCertiorari ReviewState Commission of InvestigationGrand Jury AuthorityPublic Official MisconductCivil Rights Law
References
18
Case No. 2015 NY Slip Op 05129
Regular Panel Decision
Jun 16, 2015

Ansah v. A.W.I. Security & Investigation, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County. The underlying action was a putative class action filed by security and fire safety workers, Samuel Ansah et al., against A.W.I. Security & Investigation, Inc., and affiliated entities. Plaintiffs sought recovery for prevailing wages, supplemental benefits, and overtime pay for work on public construction projects. The Supreme Court had denied defendants' cross-motion for summary judgment as premature, citing the need for production of relevant public work contracts and conflicting affidavits. The Appellate Division upheld this decision, also rejecting defendants' unpreserved argument for arbitration, stating that nonsignatories are generally not bound by arbitration agreements.

Summary judgmentclass actionprevailing wagessupplemental benefitsovertime paypublic construction projectsarbitration agreementnonsignatoriesCPLR 3212 [f]Appellate Division
References
2
Case No. 2018 NY Slip Op 05907 [164 AD3d 43]
Regular Panel Decision
Aug 23, 2018

AWI Sec. & Investigators, Inc. v. Whitestone Constr. Corp.

This case concerns a dispute between AWI Security and Investigations, Inc. (AWI), a subcontractor, and Whitestone Construction Corp. (Whitestone), a general contractor, over unpaid security services for public construction projects. Whitestone moved to dismiss AWI's action, citing a contractual six-month limitations period that it claimed began in April 2012. AWI appealed the Supreme Court's decision, arguing that the limitations period was unenforceable because Whitestone had stated that payment was contingent on the resolution of a separate prevailing wage class action. Citing precedent, the Appellate Division found that Whitestone's position nullified the contractual limitations period, as it created a scenario where AWI would be forced to sue for a claim that was not yet ripe. Consequently, the Appellate Division reversed the lower court's order, denying Whitestone's motion to dismiss the action as time-barred.

Contractual Limitations PeriodStatute of LimitationsSubcontractor PaymentPublic Construction ProjectCondition PrecedentAccrual of Cause of ActionMotion to DismissAppellate ReviewRipeness of ClaimIndemnity Provision
References
6
Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
Case No. MISSING
Regular Panel Decision

New Alliance Party v. Federal Bureau of Investigation

Plaintiff New Alliance Party (NAP) sued the FBI, alleging that the FBI characterized NAP as a “political cult” and investigated it, thereby chilling their First Amendment rights. NAP contended the investigation, initiated in 1988 based on uncorroborated allegations, and a later inquiry in 1991, harmed the party's public image and political competitiveness. The defendants moved to dismiss, arguing lack of jurisdiction and failure to state a claim, which the court converted to a motion for summary judgment. The court found NAP lacked constitutional standing, failing to demonstrate actual or threatened injury directly traceable to the FBI's actions, noting NAP members continued significant political activities. Ultimately, the court granted the defendants' motion for summary judgment, dismissing the complaint.

First AmendmentFreedom of SpeechFreedom of AssociationPolitical PartyFBI InvestigationConstitutional StandingSummary JudgmentDeclaratory JudgmentSovereign ImmunityFreedom of Information Act
References
26
Case No. MISSING
Regular Panel Decision

In re Grand Jury Proceedings Special Investigation 1198/82

The Bureau of Community Services, an authorized child care agency, moved to quash a subpoena issued by the District Attorney for confidential records concerning three children believed to be victims of crimes, sought in a Grand Jury investigation. The Bureau argued these records were protected by various privileges, including social worker/client, attorney/client, physician/patient, and Social Services Law § 372. The District Attorney contended that the social worker/client privilege did not apply to child victims under CPLR 4508 (subd 3). The court, citing precedent from *Matter of Grand Jury Proceedings (Doe)*, ruled that evidentiary privileges, though important, should not obstruct legitimate Grand Jury investigations into criminal activity, especially when the Grand Jury operates in secrecy. Consequently, the motion to quash the subpoena was denied in all respects. The court did order the District Attorney to photocopy the subpoenaed materials and return the originals to the agency within five working days.

SubpoenaMotion to QuashConfidentialitySocial Worker-Client PrivilegeAttorney-Client PrivilegePhysician-Patient PrivilegeGrand Jury InvestigationChild VictimsSocial Services LawCPLR
References
5
Case No. MISSING
Regular Panel Decision

United States v. Doe

This case involves an antitrust investigation into the linen supply industry in the New York Metropolitan area. Grand Jury subpoenas were served on various linen supply companies (Suppliers), their association (Linen Supply Institute of New York), and a union (Laundry Workers International Union, Local 284 AFL). The Suppliers, Association, and Union filed motions to quash or modify these subpoenas, citing unreasonableness, oppressiveness, and jurisdictional doubts. District Judge McGOHEY largely denied these motions, asserting the Grand Jury's broad investigative powers and confirming the reasonableness of the subpoena's scope and timeframe. However, the court did grant limited relief by exempting documents already possessed by the Government and by narrowing certain demands related to the Union's internal financial data.

AntitrustGrand JurySubpoena Duces TecumQuashing SubpoenaModifying SubpoenaLinen Supply IndustryLabor UnionInterstate CommerceJudicial DiscretionDepartment of Justice
References
23
Case No. 2022 NY Slip Op 04443 [207 AD3d 1110]
Regular Panel Decision
Jul 08, 2022

Guida v. Rivera Investigations, Inc.

Plaintiff James R. Guida was injured when his co-employee, Alex G. Hodges, Jr., accidentally discharged a firearm during a mandatory training course required by their employer, Loomis Armored, US, LLC. Guida received workers' compensation benefits but subsequently filed a negligence lawsuit against Hodges. Hodges moved for summary judgment, asserting that the Workers' Compensation Law's exclusivity provisions barred the action because both parties were acting within the scope of their employment. The Supreme Court denied Hodges's motion for summary judgment, but the Appellate Division reversed this decision. The Appellate Division found that Hodges successfully demonstrated that both he and Guida were co-employees operating within the scope of their employment, and Hodges's violation of a safety rule did not remove him from that scope. Consequently, workers' compensation was deemed the exclusive remedy, and the action against Hodges was dismissed.

Workers' CompensationExclusive RemedyCo-employee NegligenceScope of EmploymentFirearms AccidentMandatory TrainingSummary Judgment ReversalAppellate DivisionPersonal InjuryAccidental Discharge
References
19
Case No. MISSING
Regular Panel Decision

Sullivan v. NYC Department of Investigation

Plaintiff Sharon Sullivan sued her former employers, New York City Department of Investigation (DOI) and New York City Housing Authority (NYCHA), alleging employment discrimination and retaliation based on race, religion, and age under Title VII and the ADEA. Defendants moved for summary judgment. The court found that claims against DOI were time-barred. For NYCHA, the court determined that plaintiff failed to establish a prima facie case for most alleged adverse actions, and could not prove that the defendant's legitimate, non-discriminatory reason for her termination (insubordination) was a pretext for discrimination. Furthermore, the court ruled that her hostile work environment claims were not sufficiently severe or pervasive, and her retaliation claims lacked proof of protected activity. Consequently, the defendants' motions for summary judgment were granted, and the entire action was dismissed.

Employment DiscriminationRetaliationTitle VIIADEASummary JudgmentHostile Work EnvironmentRace DiscriminationReligious DiscriminationAge DiscriminationFederal Court
References
33
Case No. MISSING
Regular Panel Decision

Ditaranto v. State Division of Human Rights

The petitioner sought to annul a determination by the State Division of Human Rights, which dismissed her complaint of employment termination based on sex and pregnancy discrimination due to a finding of no probable cause. The court dismissed the petition and confirmed the Division's order, concluding there was no support for the claim of discrimination. The decision highlighted the petitioner's record of repeated absences and unsatisfactory attitude, which predated her pregnancy, and the employer's existing policy regarding excessive absences. Despite the petitioner's claim of no warning, the court found that an employee manual, which she acknowledged receiving, outlined disciplinary actions for such conduct. A dissenting opinion argued for further investigation, emphasizing the possibility of subtle discrimination given the petitioner was the employer's first pregnant employee and was terminated without a direct warning.

Employment TerminationPregnancy DiscriminationAdministrative ReviewNo Probable Cause FindingAbsenteeism Policy ViolationEmployee Manual AcknowledgmentDisparate Treatment AllegationHuman Rights LawJudicial ReviewSufficiency of Investigation
References
8
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