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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

Eddy v. White

Plaintiff Leon H. Eddy, a highway superintendent, was severely injured in July 1999 when struck by a car driven by August E. White while assisting County of Otsego employees. Eddy and his wife sued White and the County, alleging the County failed to provide adequate warning signs. The County initiated a third-party action against the Town of Plainfield. The County later moved to amend its answer to include a 'special employee' defense, arguing Eddy's recovery was limited to workers' compensation, and also moved to strike the note of issue. The Supreme Court denied these motions, finding the defense lacked merit and the note of issue issue moot, and dismissed the third-party complaint. This appeal reviewed the Supreme Court's denial of the County's motion to amend and the dismissal of the third-party complaint. The appellate court affirmed the Supreme Court's order.

Workers' Compensation LawSpecial Employee DoctrineMotion to Amend PleadingCPLR 3025 (b)Summary JudgmentThird-Party ActionEmployer LiabilityControl TestAppellate ReviewJudicial Discretion
References
10
Case No. 2018 NY Slip Op 06625
Regular Panel Decision
Oct 04, 2018

Matter of Kenneth J. v. Lesley B.

The Appellate Division, First Department, reversed a Family Court order that suspended all visitation and contact between a father, Kenneth J., and his child. The Family Court had granted summary judgment to the mother, Lesley B., without a hearing. The Appellate Division found this improper, emphasizing that modification of custody or visitation requires a hearing, except in emergencies. The court further ruled that the Family Court improperly considered unsworn, uncertified, and hearsay reports and letters from mental health services and therapists, which were inadmissible and did not justify the drastic measure of suspending parental contact. The matter was remanded, and the father's petitions for enforcement and modification were restored, along with the mother's petition.

Family LawCustodyVisitationSummary JudgmentDue ProcessIn Camera InterviewAdmissibility of EvidenceHearsayForensic EvaluationChild's Best Interests
References
6
Case No. MISSING
Regular Panel Decision

Gottlieb v. Kenneth D. Laub & Co.

This case examines whether Labor Law § 198 (1-a), which grants attorney’s fees in wage claims, applies broadly to all wage claims or is restricted to violations of Labor Law article 6. Plaintiff Seymour Gottlieb, a former real estate salesman, sought unpaid commissions from Kenneth D. Laub & Company, asserting a common-law contract claim and a violation of Labor Law § 198. The lower courts awarded attorney’s fees. The Court of Appeals reversed this decision, ruling that the attorney’s fees and liquidated damages remedies under Labor Law § 198 (1-a) are exclusively for wage claims based on substantive violations of Labor Law article 6. The Court emphasized that the statute’s plain language, legislative history, and purpose, along with common-law principles against awarding attorney’s fees, limit its applicability to claims arising directly from article 6.

Labour LawWage ClaimAttorney's FeesLiquidated DamagesContract ClaimStatutory InterpretationLegislative IntentCommon LawArticle 6Employment Law
References
6
Case No. 535669
Regular Panel Decision
Feb 01, 2024

In the Matter of the Claim of Eddy Irizarry

Claimant Eddy Irizarry appealed a Workers' Compensation Board decision denying his claim for benefits, which alleged injuries to his right great toe and foot from stepping on a nail in February 2021, ultimately leading to amputation. The Workers' Compensation Law Judge (WCLJ) initially disallowed the claim, and the Board affirmed this, but neither provided specific findings of fact or conclusions of law. The Appellate Division found that the absence of these explicit findings precluded intelligent appellate review, making it impossible to ascertain whether the claim was denied due to disbelief of a work-related accident or insufficient medical evidence regarding causation. Consequently, the Appellate Division reversed the Board's decision and remitted the matter for further proceedings to include appropriate findings of fact and conclusions of law.

Workers' Compensation BenefitsFoot InjuryToe AmputationCausation DisputeIndependent Medical ExaminationAppellate ReviewProcedural ErrorLack of Factual FindingsRemittalBoard Decision Reversal
References
5
Case No. 535098
Regular Panel Decision
Jun 22, 2023

In the Matter of the Claim of Kenneth Attreed

The claimant, Kenneth Attreed, sustained knee injuries at work and filed for workers' compensation benefits. Initially, a WCLJ established the claim and granted temporary total and partial disability awards. Following a subsequent hearing where the employer's carrier raised issues of voluntary withdrawal and lack of labor market attachment, the Workers' Compensation Board modified the WCLJ's determination, finding that the claimant voluntarily removed himself from the labor market and thus had no compensable lost time from September 28, 2021, onward. The Appellate Division, Third Judicial Department, modified the Board's decision, agreeing that the claimant's withdrawal was voluntary but finding that the Board erred in determining the start date of no labor market attachment. The court ruled that the applicable date should be October 25, 2021, when the claimant testified, not September 27, 2021, when the issue was raised. The matter was remitted to the Board to address eligibility for indemnity benefits subsequent to the claimant's October 20, 2021, surgery.

Workers' Compensation BenefitsVoluntary Withdrawal from Labor MarketLabor Market AttachmentTemporary Partial DisabilityTemporary Total DisabilityAppellate DivisionThird Judicial DepartmentClaimant AppealIndemnity BenefitsKnee Injury
References
6
Case No. 2016 NY Slip Op 08502
Regular Panel Decision
Dec 21, 2016

Eddy v. John Hummel Custom Builders, Inc.

The Appellate Division, Second Department, reversed a lower court's decision, granting summary judgment to the defendant, John Hummel Custom Builders, Inc., and denying the plaintiff, Mark Eddy's, cross-motion for summary judgment. The case involved a construction worker who was injured after falling from a moving pickup truck while sitting on an unsecured cast iron grate. The court ruled that the accident did not involve an elevation-related risk under Labor Law § 240 (1) because the fall from the truck's tailgate was considered a usual and ordinary danger of a construction site, not an extraordinary elevation hazard. Furthermore, the court determined that the plaintiff's decision to ride in a hazardous position on the tailgate, despite being warned, constituted the sole proximate cause of his injuries, thereby precluding any liability under Labor Law §§ 240 (1) and 241 (6).

Labor LawWorkplace AccidentConstruction InjurySummary JudgmentProximate CauseElevation HazardPickup TruckUnsecured LoadAppellate ReviewStatutory Interpretation
References
42
Case No. MISSING
Regular Panel Decision

Flo & Eddie, Inc. v. Sirius XM Radio Inc.

This decision by District Judge McMahon addresses Sirius's motion for reconsideration and the court's order for Sirius to show cause why summary judgment should not be entered for Flo and Eddie. The court previously denied Sirius's motion for summary judgment and deferred ruling on an interlocutory appeal. Sirius argued against summary judgment for Flo and Eddie based on ownership issues, implied license, waiver and estoppel, and statute of limitations. The court affirmed Flo and Eddie's ownership of common law copyrights for The Turtles' recordings and rejected Sirius's arguments for implied license, waiver, and estoppel, finding insufficient evidence. Regarding the statute of limitations, the court clarified that a three-year period applies to common law copyright infringement claims, allowing recovery for infringements occurring within three years prior to the lawsuit (on or after August 16, 2010). Finally, the court addressed class certification, indicating that a ruling on the merits should be deferred until class certification is decided. It ordered Flo and Eddie to either notify the court of its intent to proceed individually (in which case summary judgment on liability would be entered) or to move for class certification by April 3, 2015, following discovery.

CopyrightCommon Law CopyrightSound RecordingsImplied LicenseWaiverEstoppelStatute of LimitationsSummary JudgmentClass ActionOwnership
References
27
Case No. MISSING
Regular Panel Decision
Feb 14, 1997

In re Sadie K.

The petitioner sought to terminate the respondent's parental rights due to permanent neglect of his three children, Sadie, Kenneth, and Christina. Family Court found that the respondent had sexually abused Christina and neglected Sadie and Kenneth, ordering his participation in various therapeutic programs, including a sex-offender program. Despite the petitioner's diligent efforts to reunite the family, the respondent failed to meaningfully participate, particularly by denying the sexual abuse, not engaging in the sex-offender program, and failing to maintain contact with his children. The Family Court terminated parental rights for Sadie and Kenneth (Christina had reached the age of majority). The Appellate Division affirmed the Family Court's decision, concluding that clear and convincing evidence supported the finding that the petitioner made diligent efforts and the respondent failed to plan for the children's future.

Permanent NeglectParental Rights TerminationSexual Abuse DenialChild Welfare AgencyFamily Court OrderAppellate AffirmationDiligent EffortsParent-Child ReunificationSex Offender ProgramParenting Skills
References
9
Case No. ADJ13262420
Regular
Oct 20, 2025

JOSE MORALES vs. KENNETH C. RAY, COMPASS DEVELOPMENT AND CONSTRUCTION, INC., BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted defendant Kenneth C. Ray's petition for reconsideration of an Amended Findings and Award (F&A) issued by a workers' compensation administrative law judge (WCJ) on July 15, 2025. The original F&A had found that applicant Jose Morales was employed by Kenneth C. Ray and sustained an industrial injury but was not employed by Barrett Business Services, Inc. The Board rescinded the F&A and substituted a new F&A, affirming Morales's employment by Kenneth C. Ray and not by BBSI. The matter was returned to the trial level for further proceedings under a new WCJ to determine issues regarding employment with Compass Development and Construction Inc., the participation of the Uninsured Employers Benefits Trust Fund, and the specific body parts injured.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and Awardarising out of and in the course of employmentemploymentliabilitythird-party administratorsubstantial evidencecausationdeposition testimony
References
18
Case No. MISSING
Regular Panel Decision

In Re Crazy Eddie Securities Litigation

This consolidated action involves shareholder plaintiffs alleging violations of securities acts and common law fraud against Peat Marwick Main & Co. for deficiencies in audits and misleading statements related to Crazy Eddie, Inc. Peat Marwick, in turn, filed third-party claims for indemnification and contribution against Oppenheimer-Palmieri Fund, L.P., and others, asserting they failed to correct misrepresentations and negligently understated Crazy Eddie's value. District Judge Nickerson dismissed Peat Marwick's federal claims for indemnification and contribution with prejudice, ruling that indemnification is not available for knowing securities violations and contribution is unwarranted as the third-party defendants were not joint tortfeasors. The court declined ancillary jurisdiction over the state law claims for destruction of evidence, dismissing them without prejudice.

Securities Act of 1933Securities Exchange Act of 1934Common Law FraudNegligent MisrepresentationIndemnification ClaimsContribution ClaimsThird-Party LitigationFederal Rules of Civil Procedure 14(a)Ancillary JurisdictionDismissal With Prejudice
References
24
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