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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

50 Lefferts LLC v. Cole

This case involves a holdover proceeding initiated by a petitioner landlord against Shaniquca Cole, who claims succession rights to a rent-stabilized apartment after the death of the tenant of record, Thelma Williams, on June 10, 2013. Cole asserts she was a member of Williams' immediate family and that the apartment was their primary residence for two years prior to Williams' death. The core issue is the admissibility of Williams' hospital records, offered by the petitioner, which contain statements from which adverse inferences about Cole's residency could be drawn. Respondent objected to these records as hearsay, but the court, referencing relevant case law, ruled that discharge planning statements within hospital records are admissible as part of a patient's treatment. The court denied the respondent's motion to bar the evidence, emphasizing that admissibility does not equate to probative weight.

Holdover proceedingSuccession rightsRent stabilizationHospital recordsHearsay exceptionBusiness recordsDischarge planMedical evidencePrimary residenceTenant rights
References
7
Case No. 2024 NY Slip Op 01775 [226 AD3d 403]
Regular Panel Decision
Apr 02, 2024

Matter of D.B. (Larry B.)

The Appellate Division, First Department, affirmed the Family Court's finding that the respondent father, Larry B., neglected his child, D.B. The neglect was based on the father's verbal abuse, harsh behavior, and failure to address the child's serious emotional and psychological needs, including minimizing suicidal ideation and impeding medical and mental health treatment after the child's psychiatric hospitalization. The court found that a preponderance of the evidence supported the neglect finding, corroborated by the father's own testimony and a Child Protective Specialist's report, and upheld the Family Court's credibility determinations.

Child NeglectParental AbuseEmotional TraumaSuicidal IdeationMental Health TreatmentFamily Court ActAppellate ReviewCredibility AssessmentCorroboration of StatementsParental Responsibility
References
9
Case No. ADJ2275744
Regular
Mar 28, 2011

LARRY COLE vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

In *Cole v. Los Angeles County Metropolitan Transportation Authority*, the Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a favorable award for the applicant. The Board affirmed the finding of industrial injury to the applicant's low back and psyche, resulting in a 78% permanent disability rating. The defendant's objections regarding the admissibility of psychiatric reports and apportionment of disability were rejected, with the Board finding the defendant waived the admissibility issue by failing to object at trial. The Board also held the defendant failed to meet its burden of proof for apportionment regarding both psyche and low back disability.

ADJ2275744MON 0298527Larry ColeLos Angeles County Metropolitan Transportation AuthorityTravelers Insurance CompanyreconsiderationFindings of Fact & Awardindustrial injurylow back injurypsyche injury
References
2
Case No. MISSING
Regular Panel Decision
Sep 25, 1998

Cole v. Rappazzo Electric Co.

Plaintiff Cole, a field technician, was allegedly injured by inhaling fumes at a New York Telephone Company (NYTel) renovation site during a renovation project. The fumes originated from the work of a subcontractor, B.U.D. Sheet Metal, Inc., hired by prime contractor Rappazzo Electric Company, Inc. Cole filed suit against NYTel and Rappazzo, alleging common-law negligence and Labor Law § 200 violations. The Supreme Court partially denied motions for summary judgment by NYTel and Rappazzo. On cross appeals, the appellate court affirmed the Supreme Court's order, concluding that triable issues of fact existed regarding NYTel's and Rappazzo's supervisory control over the worksite, thereby precluding summary judgment on the negligence and Labor Law § 200 claims.

Common-law negligenceLabor Law § 200Summary judgmentWorksite safetySubcontractor liabilityOwner liabilityContractor liabilityFumes inhalationPersonal injuryWorkers' Compensation Law exclusivity
References
11
Case No. 11 Civ. 8967; 12 Civ. 1364
Regular Panel Decision

Geron ex rel. Thelen LLP v. Robinson & Cole LLP

This case involves a Chapter 7 trustee, Yann Geron, for the dissolved law firm Thelen LLP, who brought fraudulent transfer claims against Seyfarth Shaw LLP and Robinson & Cole LLP. The trustee sought to recover profits from former Thelen partners, arguing that pending hourly fee matters are assets of the dissolved firm. The court ruled that under New York law, pending hourly fee matters are not partnership assets, granting Seyfarth Shaw's motion. However, under California law, such matters could be considered assets if profits exceed 'reasonable compensation,' leading to the denial of Robinson & Cole's motion. The court also certified the order for interlocutory appeal, citing controlling legal questions and substantial grounds for differing opinions on the unfinished business doctrine.

Law Firm BankruptcyUnfinished Business DoctrinePartnership AssetsFraudulent Transfer ClaimsHourly Fee MattersContingency Fee MattersChoice of Law DisputeNew York LawCalifornia LawInterlocutory Appeal
References
58
Case No. MISSING
Regular Panel Decision

Madden v. Creative Services, Inc.

Plaintiffs George Madden and Roseanne Cohen filed a diversity action against Ralph Douglas Howe, Jr., Michael Sean Cole, National Amusements, Inc., Creative Services, Inc., Sklar, and Redstone. The suit arose from a break-in into the plaintiffs' attorney's office by Howe and Cole, employees of Creative Services, which was hired by National Amusements to investigate opposition to a proposed theater complex. Plaintiffs alleged various torts including intentional infliction of emotional distress, conversion, interference with attorney-client privilege, unlawful search and seizure, and negligent infliction of emotional harm. The court granted the defendants' motions to dismiss the complaint, finding that the alleged conduct did not meet the legal thresholds for the claimed torts under New York law and declined to create new causes of action. Consequently, all principal and derivative claims were dismissed.

Intentional Infliction of Emotional DistressConversionAttorney-Client PrivilegeUnlawful Search and SeizureNegligent Infliction of Emotional HarmLoss of ConsortiumMotion to DismissSummary JudgmentFederal Rules of Civil ProcedurePleading Standards
References
26
Case No. CAF 12-00796
Regular Panel Decision
Jun 14, 2013

COLE, HEATHER A. v. NOFRI, MICHAEL JAMES

This case concerns an appeal to the Supreme Court of New York, Appellate Division, Fourth Judicial Department, regarding a Family Court order dismissing a mother's petition for custody modification. The Appellate Division reversed the lower court's decision, finding a sufficient change in circumstances to warrant a custody modification. The court noted the parents' remarriages, additional children, and the subject child's strong desire to live with the mother due to anxiety in the father's home. Consequently, the Appellate Division granted primary physical custody to the mother and awarded visitation to the father, remitting the matter to Family Court for establishing a visitation schedule. A dissenting justice argued against overturning the original custody arrangement, emphasizing the child's young age, the father's long-standing primary custody, and the lack of expert testimony regarding the child's expressed anxieties.

custody modificationchild's best interestsappellate reviewfamily courtphysical custodyvisitation rightschange in circumstanceschild's preferenceparental remarriagechild anxiety
References
13
Case No. ADJ3841626
Regular
May 20, 2009

LARRY GAMINO vs. HOME DEPOT

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (WCJ) decision that applicant Larry Gamino did not incur an industrial injury to his right foot on December 23, 2005. The WCAB found the applicant's testimony regarding this specific injury to be not credible. Deference was given to the WCJ's credibility determination, as no substantial contrary evidence was presented. Therefore, the applicant was ordered to take nothing by way of his claim for this injury.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFinding and OrderIndustrial InjuryRight Foot InjuryGeneral Warehouse AssociateSales AssociatePreponderance of the EvidenceWCJ ReportCredibility Determination
References
3
Case No. ADJ4182037 (SAC 0353126), ADJ130886 (SBR 0320337)
Regular
Jun 22, 2018

LARRY SHERMAN vs. COUNTY OF MONO

The Workers' Compensation Appeals Board (WCAB) dismissed Larry Sherman's petition for reconsideration because it was filed against a non-final order, which is a procedural or evidentiary decision that does not determine substantive rights or liabilities. The WCAB also denied Sherman's petition for removal, finding no showing of substantial prejudice or irreparable harm that would warrant this extraordinary remedy. Consequently, the WCAB affirmed the WCJ's report and dismissed the reconsideration petition while denying the removal petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. CA 15-01752
Regular Panel Decision
Sep 30, 2016

FAWCETT, JASON v. STEARNS, FRANKLYN COLE

Plaintiffs Jason and Cynthia Fawcett appealed an order from the Supreme Court, Chautauqua County, which granted summary judgment to defendant Franklyn Cole Stearns, dismissing their Labor Law §§ 240 (1) and 241 (6) claims. The plaintiffs sought damages for injuries sustained by Jason Fawcett when he fell from a roof while renovating defendant's cottage. The core issue was the applicability of the homeowner exemption from liability under Labor Law §§ 240 (1) and 241 (6). The Appellate Division, Fourth Judicial Department, found that the defendant met the burden of establishing the exemption, as the renovation work served both residential and commercial purposes, thereby shielding him from strict liability. The court affirmed the lower court's order.

Homeowner ExemptionLabor LawPremises LiabilityStatutory InterpretationSummary JudgmentAppellate ReviewPersonal InjuryConstruction AccidentRenovation WorkSecond Home
References
12
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