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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

Nash v. Oberman

In this appeal, the defendants, Dr. Oberman and the New York City Transit Authority, challenged a resettled order that, despite granting them summary judgment, allowed the plaintiffs leave to replead an intentional tort claim. The plaintiff, Adrienne Nash, had alleged personal injuries including a miscarriage due to medical malpractice and negligence by Dr. Oberman, a coemployee, for whom the Transit Authority was vicariously liable. The Appellate Division reversed the lower court's decision, affirming that Workers’ Compensation Law § 29 (6) is the exclusive remedy for such claims. The court concluded that the plaintiffs' allegations amounted to, at most, gross negligence or reckless conduct, which is insufficient to circumvent the Workers' Compensation Law's exclusivity for intentional torts. Consequently, the plaintiffs were denied leave to replead an intentional tort cause of action.

Workers' Compensation LawExclusive RemedyIntentional TortMedical MalpracticeNegligenceSummary JudgmentLeave to RepleadAppellate ReviewMiscarriage ClaimCoemployee Liability
References
9
Case No. MISSING
Regular Panel Decision

Claim of Groth v. Daimler Chrysler Corp.

This legal motion pertained to a request for leave to appeal from an Appellate Division order. The Appellate Division had previously denied reargument in the underlying case. The court dismissed the motion for leave to appeal, reasoning that the Appellate Division's order did not constitute a final determination as defined by the Constitution. Separate from this, any other aspects of the motion for leave to appeal were also denied.

References
1
Case No. MISSING
Regular Panel Decision

In re Zachari

A motion for leave to reargue or for leave to appeal to the Court of Appeals was denied. The decision included an award of $10 costs. Justices Breitel, Rabin, Valente, Eager, and Steuer concurred with the decision.

Motion to ReargueLeave to AppealCourt of AppealsCosts AwardedJudicial Concurrence
References
0
Case No. MISSING
Regular Panel Decision

Duralite Co. v. Local 222, Metal, Plastics, Miscellaneous Sales, Novelty and Production Workers

A motion for leave to reargue or for leave to appeal to the Court of Appeals was denied, with an imposition of $10 costs. The decision was concurred by Justice Presiding Breitel, along with Justices Rabin, M. M. Frank, Valente, and McNally.

Motion to ReargueLeave to AppealCourt of AppealsCosts AwardedConcurring JusticesAppellate DivisionDenial of Motion
References
0
Case No. MISSING
Regular Panel Decision

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied
References
0
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision

Janssen v. Incorporated Village of Rockville Centre

This case addresses whether a motion for leave to replead under CPLR 3211 (e) is subject to a time limitation, with the court declining to impose one. The plaintiff, an employee of the Department of Public Works, filed a complaint alleging gender-based harassment, discrimination, retaliation, intentional infliction of emotional distress, and prima facie tort against his employer and several co-workers. After initial claims were dismissed, the plaintiff moved to amend the complaint, which the Supreme Court treated as a motion to replead and granted. The Appellate Court affirmed, clarifying that motions for leave to replead are governed by the standard for amending pleadings under CPLR 3025, which allows free granting unless there's prejudice, surprise, or lack of merit. The court emphasized that it is the Legislature's prerogative, not the Judiciary's, to establish time limitations for such motions.

Civil ProcedureCPLR 3211(e)Leave to RepleadTime LimitationJudicial LegislationMotions to AmendCPLR 3025Sexual HarassmentRetaliationHuman Rights Law
References
22
Case No. MISSING
Regular Panel Decision

Claim of Pegoraro v. Tessy Plastics Corp.

The motion, seeking leave to appeal from an Appellate Division order denying reargument or, alternatively, leave to appeal to the Court of Appeals, was dismissed because the order does not constitute a final determination of the proceeding as defined by the Constitution. All other aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ProcedureJurisdictionFinality of OrderCourt of AppealsReargumentConstitutional Law
References
0
Case No. MISSING
Regular Panel Decision

Claim of the Estate of DeRosa v. Evans Plumbing & Heating Co.

This legal text describes a motion wherein the movants sought leave to appeal an Appellate Division order related to a Workers' Compensation proceeding. The motion was dismissed because the movants had already pursued leave to appeal the same Appellate Division order in the Court of Appeals, as indicated by a prior ruling. Additionally, any other aspects of the motion for leave to appeal were denied. The court cited *Selinger v Selinger* as a precedent for its decision to dismiss the current application for leave to appeal.

Workers' CompensationLeave to AppealAppellate DivisionCourt of AppealsMotion DismissedMotion DeniedPrior ApplicationJudicial PrecedentProcedural Ruling
References
2
Case No. MISSING
Regular Panel Decision

Hroncich v. Edison

The City of New York filed a motion for leave to file a brief amicus curiae and for leave to appear amicus curiae on an appeal. The court granted both motions, accepting the proposed brief as filed. For the appearance amicus curiae, the leave was granted only to the extent that the proposed brief was accepted. The City is required to serve two copies and file nineteen copies of the brief within seven days. Chief Judge Lippman did not participate in this decision.

Amicus CuriaeMotion PracticeLeave to AppealBrief FilingProcedural OrderCourt of AppealsNew York Law
References
0
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