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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

Green v. Jacob & Co. Watches, Inc.

William E. Green, an African-American, brought an action against Jacob & Company Watches, Inc., Jacob Arabo, and MG Security Services LLC, alleging racial discrimination and retaliation under Title VII, NYSHRL, NYCHRL, and 42 U.S.C § 1981. Green, formerly Director of Security for Jacob & Co., claimed he was terminated after objecting to racially offensive comments and discriminatory practices, including referring to African-American employees as "monkeys." Defendants moved to dismiss the claims, and Jacob & Co. also challenged the sufficiency of service of process. The Court partially granted and partially denied the motions to dismiss, allowing discrimination, retaliation, and hostile work environment claims to proceed under NYSHRL, NYCHRL, and § 1981, but dismissed Title VII hostile work environment and retaliation claims due to a failure to exhaust administrative remedies. Additionally, Green's cross-motion for an extension of time to serve process was granted.

Employment DiscriminationRacial DiscriminationHostile Work EnvironmentRetaliationTitle VIINYSHRLNYCHRL42 U.S.C. § 1981Motion to DismissService of Process
References
29
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. ADJ 6705983
Regular
May 14, 2012

Jacob Green vs. Seattle Seahawks, San Francisco 49ers, National Union Fire Insurance Co. of Pittsburgh, Pennsylvania

The Workers' Compensation Appeals Board granted reconsideration of a Findings and Award concerning Jacob Green's cumulative injury claim as a professional athlete. The defendant insurer, National Union Fire Insurance Company, argued the award lacked substantial evidence and listed eight specific errors by the administrative law judge. Reconsideration was granted primarily to allow the defendant to submit trial transcripts for review.

Workers' Compensation Appeals Boardcumulative injurypermanent disabilityfuture medical carestatute of limitationsFindings and AwardFindings and AwardMinutes of HearingSummary of Evidenceprofessional athlete
References
0
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. 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
Case No. MISSING
Regular Panel Decision

Chaudhuri v. Green

Plaintiff, Aloke Chaudhuri, filed a lawsuit alleging federal constitutional rights violations under 42 U.S.C. § 1983 for unlawful arrest, false imprisonment, malicious prosecution, and conspiracy against Deputy Sheriffs Green and Halpin, Sheriff Povero, and the County of Ontario, following his arrest on June 2, 2006. The claims stemmed from alleged domestic incidents with his wife, Shukla Chaudhuri, whose charges against him were later dismissed. The Court granted the defendants' motion for summary judgment, finding that probable cause existed for the plaintiff's arrest for all charges and that the officers acted reasonably. Additionally, municipal liability claims and conspiracy claims were dismissed, the latter due to lack of class-based animus and the intracorporate conspiracy doctrine. The Court also declined supplemental jurisdiction over remaining state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionConspiracySummary JudgmentProbable CauseMunicipal LiabilityIntracorporate Conspiracy Doctrine
References
65
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