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

Case No. 06-CV-2225(JFB)(AKT)
Regular Panel Decision
Jan 26, 2010

Fragrancenet.com, Inc. v. Fragrancex.com, Inc.

Plaintiff FragranceNet.com, Inc. sued defendant FragranceX.com, Inc. alleging extensive copyright and trademark infringement, along with related state law violations. FragranceNet claimed FragranceX copied over 900 copyrighted product images from its website and improperly used FragranceNet's "FRAGRANCENET" and "FRAGRANCENET.COM" trademarks in website metatags and Google AdWords, diverting consumer traffic. FragranceX moved to dismiss the complaint, asserting that the images lacked copyright originality and that FragranceNet did not possess enforceable trademark rights due to issues of ownership transfer and champerty. The Court denied the defendant's motion to dismiss, ruling that FragranceNet had stated plausible claims for both copyright and trademark infringement. The decision emphasized that determinations regarding the originality of copyrighted images and the validity of trademark assignments were factual issues unsuitable for resolution at the motion to dismiss stage.

Copyright InfringementTrademark InfringementTrademark DilutionUnfair CompetitionMisappropriationOnline RetailE-commerceDigital ImagesMetatagsGoogle AdWords
References
62
Case No. 06-CV-2225(JFB)(AKT)
Regular Panel Decision
Jan 14, 2010

Fragrancenet. Com, Inc. v. Fragrancex. Com, Inc.

Plaintiff FragranceNet.com, Inc. sued defendant FragranceX.com, Inc. alleging copyright and trademark infringement, trademark dilution, and other state law violations. FragranceNet claimed FragranceX copied over 900 copyrighted product images and misused its trademarks in metatags and Google's AdWords program to divert consumers. Defendant moved to dismiss the complaint, arguing that FragranceNet's images lacked copyrightable originality and that FragranceNet did not have enforceable trademark rights. The Court denied the motion, ruling that FragranceNet's claims were plausible, citing the presumption of originality from copyright registration and the validity of trademark assignments allowing for past infringement claims. The Court also determined that the defendant's champerty defense presented factual issues inappropriate for a motion to dismiss.

Copyright InfringementTrademark InfringementTrademark DilutionUnfair CompetitionMisappropriationUnjust EnrichmentMotion to DismissOriginality of CopyrightDerivative WorksLanham Act
References
73
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. CV-24-1494
Regular Panel Decision
Jan 15, 2026

Matter of Beeline.Com, Inc. v. State of N.Y. Tax Appeals Trib.

Petitioner, Beeline.Com, Inc., a Florida company, initiated a CPLR article 78 proceeding to challenge a determination by the New York Tax Appeals Tribunal. The Tribunal upheld a sales tax assessment imposed by the Department of Taxation and Finance on Beeline.Com's vendor management system (VMS), deeming it a sale of licenses to use prewritten computer software under Tax Law article 28. Beeline.Com argued it primarily provided nontaxable services and its software was customized, not prewritten. The Appellate Division, Third Department, confirmed the Tribunal's determination, finding that the VMS license constituted a sale of tangible personal property, was prewritten software despite minor reconfigurations, and was the core element of Beeline.Com's transactions, not incidental to services.

Sales TaxComputer Software LicensePrewritten SoftwareTax Appeals TribunalCPLR Article 78Vendor Management System (VMS)Tangible Personal PropertyTrue Object TestPrimary Function TestTax Law Article 28
References
15
Case No. 2025 NYSlipOp 07110
Regular Panel Decision
Dec 18, 2025

People v. R.V.

The Appellate Division, First Department, affirmed an order by the Supreme Court, New York County, which granted the defendant R.V.'s CPL 210.40 motion to dismiss the indictment in furtherance of justice. The court found that the Supreme Court providently exercised its discretion, noting that R.V. purchased a false Covid-19 vaccination card to maintain employment as an essential worker during the pandemic. The decision highlighted that R.V.'s actions caused no specific or societal harm, supporting the dismissal in the interest of justice.

Indictment DismissalInterest of JusticeCPL 210.40COVID-19 Vaccination CardEssential WorkerAppellate ReviewDiscretionary DismissalLack of Harm
References
2
Case No. MISSING
Regular Panel Decision

Littlefield v. AutoTrader.com

John Littlefield sued AutoTrader.com for gender discrimination under Title VII and NYSHRL, alleging he was subjected to discriminatory terms, harassment, and wrongful termination. Littlefield was fired after a female co-worker complained about his sexually inappropriate remarks. AutoTrader's investigation concluded his conduct violated company policy. Littlefield argued that female employees engaged in similar behavior without disciplinary action and that the investigation was biased. The court granted AutoTrader's motion for summary judgment, finding Littlefield failed to establish a prima facie case of discrimination or show that AutoTrader's reasons for termination were pretextual, largely due to his failure to report alleged misconduct by female co-workers and the application of the "same actor" inference.

Employment DiscriminationGender DiscriminationTitle VIINew York State Human Rights LawSummary JudgmentSexual HarassmentWorkplace ConductDisparate TreatmentPrima Facie CaseEmployer Liability
References
43
Case No. MISSING
Regular Panel Decision

Trachtenberg v. Failedmessiah.com

Plaintiff Marisa Trachtenberg sued Scott Rosenberg and Failedmessiah.com for defamation, negligence, and intentional infliction of emotional distress, stemming from an online article that falsely reported her arrest for child sex abuse. The case, initially filed in Queens County Supreme Court, was removed to federal court where the defendants moved for dismissal of all claims. The District Court granted the motion, concluding it lacked personal jurisdiction over the defamation claim under New York's long-arm statute, as the defendant's out-of-state online publication activities did not constitute sufficient "transacting business" within the state. Additionally, the negligence and IIED claims were dismissed for failing to state a claim, being considered duplicative of the defamation claim and lacking the requisite elements, respectively. The court also denied the defendants' request for sanctions against the plaintiff, finding her arguments colorable.

DefamationNegligenceIntentional Infliction of Emotional DistressPersonal JurisdictionLong-Arm StatuteDue ProcessOnline Publication LiabilityInternet JurisdictionNew York Civil Practice Law and Rules (CPLR)Motion to Dismiss
References
33
Case No. MISSING
Regular Panel Decision

Nicosia v. Amazon.com, Inc.

Plaintiff Dean Nicosia filed a class action against Amazon.com, Inc., alleging Amazon sold weight loss supplements ("1 Day Diet") containing sibutramine, a controlled substance, in violation of consumer protection laws and breach of warranties. Amazon moved to dismiss, arguing all claims were subject to a mandatory arbitration clause and class action waiver in its "Conditions of Use." Nicosia also sought a preliminary injunction to halt sales and mandate special packaging and consumer notices. The Court granted Amazon's motion to dismiss, finding Nicosia assented to the arbitration clause. The Court denied Nicosia's motion for a preliminary injunction due to lack of standing, as Amazon had already removed the product, and Nicosia failed to demonstrate a likelihood of future injury or success on the merits under the Consumer Product Safety Act.

Consumer ProtectionProduct LiabilityMandatory ArbitrationClass Action WaiverPreliminary InjunctionStandingSibutramineWeight Loss SupplementsFederal Arbitration ActConsumer Product Safety Act
References
78
Case No. 2022 NY Slip Op 03081 [205 AD3d 485]
Regular Panel Decision
May 10, 2022

People v. Amazon.com

The case involves an appeal by Amazon.com from an order denying its motion to dismiss a complaint alleging violations of Labor Law §§ 200, 215, and 740 related to COVID-19 workplace safety and retaliation against workers. The Appellate Division, First Department, reversed the Supreme Court's order, granting Amazon's motion to dismiss. The court found that the Labor Law §§ 215 and 740 claims, concerning retaliation for protesting unsafe conditions, were preempted by the NLRA as they involved 'concerted activities for the purpose of mutual aid or protection.' Furthermore, the court noted a pending NLRB proceeding on similar retaliation allegations, posing a risk of inconsistent rulings. The Labor Law § 200 claim seeking injunctive relief based on state COVID-19 guidelines was dismissed as moot, as the State had withdrawn the relevant public health guidance.

COVID-19 Workplace SafetyRetaliationLabor LawNLRA PreemptionGarmon PreemptionMootness DoctrineInjunctive ReliefAppellate ReviewWorkers' RightsWorkplace Conditions
References
6
Case No. MISSING
Regular Panel Decision

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

This concurring opinion by Justice Abdus-Salaam addresses two cases, Doerr v Goldsmith and Dobinski v Lockhart, concerning negligence claims against domestic animal owners for injuries caused by their pets. The opinion reaffirms the long-standing "vicious propensities" rule established in Bard v Jahnke, which limits liability solely to strict liability when an owner knew or should have known of an animal's dangerous tendencies. Justice Abdus-Salaam rejects arguments to extend the Hastings v Sauve precedent, which allowed negligence claims for farm animals straying from property, to domestic pets. The opinion also refutes the distinction between an owner's active control and passive failure to restrain, emphasizing that a pet's volitional behavior is the ultimate cause of harm. Consequently, Justice Abdus-Salaam votes to dismiss the negligence claims in both cases and affirms the dismissal of Dobinski's strict liability claim due to insufficient evidence of the owners' prior knowledge of their dogs' propensities.

Animal LawNegligenceStrict LiabilityDomestic AnimalsFarm AnimalsVicious Propensity RuleDuty of CareSummary JudgmentAppellate ReviewCourt of Appeals
References
20
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