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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

Wilson v. International Business MacHines, Inc.

Plaintiff Caroline Wilson sued defendants International Business Machines (IBM) and Frank Urban, alleging gender and/or pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and N.Y. Executive Law § 296. Wilson's employment was terminated in 2002 during a reduction in force, shortly after returning from maternity leave. She argued she was unfairly laid off in favor of a male colleague. The defendants moved for summary judgment, asserting a legitimate, non-discriminatory business reason related to retaining the other employee's customer relationships and ongoing deals. The court found that while Wilson established a prima facie case, she failed to demonstrate that the defendants' reasons were a pretext for discrimination, or to present sufficient other evidence of unlawful discrimination. Consequently, the court granted the defendants' motions for summary judgment, dismissing the complaint.

DiscriminationGender DiscriminationPregnancy DiscriminationTitle VIIHuman Rights LawSummary JudgmentLayoffReduction in ForcePretextPrima Facie Case
References
12
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. MISSING
Regular Panel Decision

Figueroa v. New York City Health & Hospitals Corp.

Plaintiff Nohemi Figueroa, a former employee of the New York City Health and Hospitals Corporation (HHC), sued for employment discrimination based on national origin and gender under federal, state, and city human rights laws. HHC moved for summary judgment, asserting that Figueroa did not suffer adverse employment action, that the alleged actions did not infer discrimination, and that HHC had legitimate business reasons. The court ruled that the denial of vacation choice was not a materially adverse employment action. While assuming the initial denial of sick leave could be considered an adverse action, the court found insufficient evidence to infer sex or national origin discrimination. Ultimately, the court concluded that HHC presented legitimate, non-discriminatory reasons for its actions. Therefore, the defendant's motion for summary judgment was granted in its entirety.

Employment DiscriminationNational Origin DiscriminationGender DiscriminationTitle VIINew York City Human Rights LawNew York State Human Rights LawSummary JudgmentPrima Facie CaseAdverse Employment ActionVacation Leave
References
28
Case No. MISSING
Regular Panel Decision

Cardoza v. Healthfirst, Inc.

Plaintiff Paula Cardozo sued Health-first, Inc. under Title VII and New York Human Rights Laws, alleging gender discrimination for being denied a promotion and subsequently terminated. She claimed a less qualified man was promoted over her and that her termination was gender-based. Defendant Healthfirst moved for summary judgment, arguing legitimate non-discriminatory business reasons for its actions, including the promoted individual's strong performance and a shift in business emphasis leading to the plaintiff's position becoming less significant. The court, presided over by Judge Berman, granted the defendant's motion for summary judgment, finding that the plaintiff failed to establish a prima facie case for the failure to promote claim and did not provide sufficient evidence to demonstrate that the defendant's stated reasons were a pretext for discrimination regarding either the promotion or the termination. Consequently, the federal claims were dismissed, and the court declined supplemental jurisdiction over the state law claims.

Gender DiscriminationTitle VIISummary JudgmentEmployment LawFailure to PromoteWrongful TerminationNew York Human Rights LawPrima Facie CasePretextDisparate Treatment
References
44
Case No. MISSING
Regular Panel Decision

Forrest v. Jewish Guild for the Blind

Plaintiff, an African-American woman, sued her employer, Jewish Guild for the Blind, and several supervisors, alleging race discrimination, retaliation, aiding and abetting, and constructive discharge under state and city human rights laws. Her claims stemmed from alleged racial slurs, unequal work conditions, and perceived demotion following a departmental reorganization. Defendants moved for summary judgment, asserting that plaintiff's performance issues, particularly regarding patient chart documentation, were legitimate and nondiscriminatory reasons for her treatment and eventual termination due to job abandonment. The Supreme Court, Appellate Division, reversed the denial of summary judgment, finding plaintiff failed to provide sufficient evidence to support a prima facie case of discrimination or to show defendants' reasons were pretextual. The court concluded that isolated racial remarks alone were insufficient to establish a hostile work environment or employment discrimination, as other alleged conduct was either unsupported, contradicted, or justified by legitimate business concerns.

Employment DiscriminationRace DiscriminationSummary JudgmentHostile Work EnvironmentRetaliation ClaimConstructive DischargeHuman Rights LawJob AbandonmentWork Performance IssuesAppellate Review
References
24
Case No. 23
Regular Panel Decision
Apr 27, 2006

Shufelt v. Town of Chatham, NY

Plaintiff Mary Shufelt, a former part-time court clerk for the Town of Chatham, New York, filed a lawsuit alleging she was terminated due to her political affiliations, in violation of her First and Fourteenth Amendment rights. Defendants, including Town Justices Doris T. Appel and Jason L. Shaw, moved for summary judgment, asserting legitimate business reasons for Shufelt's termination, such as a staff reduction due to decreased workload and the necessity for clerks to work during public office hours. Shufelt contended her dismissal was politically motivated, stemming from her support for her "father" Richard Hallock during a contentious 2003 election for Town Supervisor. Although the court assumed, for summary judgment purposes, that an improper motive might have existed, it found that the defendants successfully demonstrated that they would have taken the same adverse employment action for valid, undisputed business reasons regardless of political considerations. Consequently, the court granted the defendants' motion for summary judgment, leading to the dismissal of Shufelt's complaint with prejudice.

Political discriminationFirst AmendmentFourteenth AmendmentSummary JudgmentPublic employmentCourt clerkTerminationCausationPretextAffirmative defense
References
12
Case No. MISSING
Regular Panel Decision

Fleming v. MaxMara USA, Inc.

Plaintiff Yvonne Fleming, an African-American woman and former Director of Human Resources and Payroll for MaxMara USA, Inc., sued her employer and two individual supervisors, John Gleeson and Luigi Caroggio, alleging race discrimination, hostile work environment, and retaliation in violation of Title VII and the New York City Human Rights Law. Fleming claimed that Gleeson made a racially charged comment, and both Gleeson and Caroggio subjected her to poor treatment and derogatory remarks. She also asserted retaliation after reporting alleged preferential treatment of Italian employees. The defendants moved for summary judgment, arguing legitimate, non-discriminatory reasons for Fleming's termination, including performance issues and failure to follow company protocols. The court granted summary judgment for the defendants on all claims, finding that Fleming failed to establish a prima facie case for race discrimination (partially due to being replaced by another African-American woman), that the hostile work environment claims lacked sufficient severity or pervasiveness or were time-barred, and that the retaliation claims did not overcome the defendants' legitimate business reasons.

Employment DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationTitle VIINew York City Human Rights LawSummary Judgment MotionAdverse Employment ActionPrima Facie CasePretext
References
63
Case No. MISSING
Regular Panel Decision
Mar 04, 2005

Warren v. International Business MacHines Corp.

Michael Warren, a U.S. Army Reserve member, sued IBM for employment discrimination after his termination shortly after returning from a training mission. He alleged discrimination based on his military service, violating USERRA and New York Military Law. IBM moved for summary judgment, asserting Warren was fired for making a death threat and violating a zero-tolerance policy. The court found that a reasonable jury could determine IBM's stated reason was pretextual and that Warren's reservist status was a motivating factor in his dismissal. Consequently, the court denied IBM's motion for summary judgment on the core discrimination claims (§ 4311 and § 317 ¶ 4) but granted it for the reemployment claims (§ 4312 and § 317 ¶ 1) and the § 4316 claim, interpreting "period of service" as consecutive days.

Employment DiscriminationMilitary Service DiscriminationUSERRANew York Military LawSummary JudgmentPretextReservist RightsWrongful TerminationStatutory InterpretationBurden of Proof
References
26
Case No. 2025 NY Slip Op 06279 [243 AD3d 476]
Regular Panel Decision
Nov 18, 2025

InkMango, Inc. v. Warren

This case concerns defamation claims brought by InkMango, Inc., doing business as The Juggernaut, an independent media startup, against reporter Katie Warren and news organization Business Insider. The plaintiff alleged that a March 5, 2024 article written by Warren contained false and defamatory statements. The Supreme Court, New York County, dismissed the complaint under CPLR 3211 (g) and awarded defendants costs, disbursements, and reasonable attorneys' fees pursuant to Civil Rights Law § 70-a (1) (a). The Appellate Division, First Department, unanimously affirmed this decision. The Appellate Division held that the defamation claims involved 'public petition and participation,' triggering the anti-SLAPP law and requiring plaintiff to demonstrate a 'substantial basis' in law by clear and convincing evidence of actual malice. The court found that the plaintiff failed to meet this heightened burden, as the complaint did not sufficiently allege actual malice or that the entire article was defamatory, nor were arguments regarding the initial headline properly preserved. The court also affirmed the award of attorneys' fees to the defendants.

DefamationAnti-SLAPPLibelActual MalicePublic Petition and ParticipationAppellate ReviewDismissal of ComplaintAttorneys' FeesMedia LawFirst Department
References
7
Case No. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
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