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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

S.M. v. M.M.-M.

This case involves a matrimonial action between S.M. (plaintiff) and M.M-M. (defendant) concerning pendente lite relief, child support, maintenance, and the equitable distribution of marital assets, specifically the transfer of the husband's business (EA & D) to his daughter. The court granted the wife's request for the husband to continue paying all costs associated with maintaining the marital residence and awarded her $1,290 per month in temporary child support, retroactive to July 30, 2015. However, the court denied the wife's motion to determine if the transfer of EA & D was improper, reserving the issue for trial due to a factual dispute over the husband's intent. The court also denied the request for a forensic evaluation of EA & D and M. Studios, stating it lacked jurisdiction over the transferred business and that M. Studios had no assets to value. The court noted that if the transfer is later found improper, the wife could be awarded a greater share of remaining marital property.

divorce proceedingstemporary maintenancechild support awardmarital property disputebusiness asset transferequitable distribution factorsforensic accounting denialmatrimonial lawNew York Supreme Courtpendente lite relief
References
12
Case No. MISSING
Regular Panel Decision

M.S. ex rel. R.R. v. New York City Department of Education

Plaintiff M.S., individually and on behalf of her autistic son R.R., brought an action against the New York City Department of Education under the Individuals with Disabilities Education Act (IDEA). M.S. sought tuition reimbursement for R.R.’s unilateral private school placement after challenging the adequacy of the Department’s proposed Individualized Education Program (IEP). An Impartial Hearing Officer (IHO) initially sided with M.S., but a State Review Officer (SRO) reversed this decision, finding the IEP compliant with IDEA. In the federal district court, M.S. appealed the SRO's decision. The court, affording due deference to the SRO's expertise, upheld the SRO's finding that the Department’s IEP was both procedurally and substantively adequate, thereby denying M.S.'s motion for summary judgment and granting the Department's cross-motion, dismissing the complaint.

Individuals with Disabilities Education ActSpecial EducationAutismTuition ReimbursementIndividualized Education ProgramDue ProcessAdministrative AppealSummary JudgmentEducational LawDisability Rights
References
30
Case No. MISSING
Regular Panel Decision
May 14, 2015

Boice v. M+W U.S., Inc.

This case concerns a wage-and-hour action filed by Vincent E. Boice against M+W U.S., Inc., Total Facility Solutions, Inc., and M+W Zander N.Y. Architects, P.C. under the Fair Labor Standards Act. Plaintiff moved to conditionally certify a collective action and compel discovery. Magistrate Judge Hummel recommended denying conditional certification without prejudice but granting limited pre-certification discovery for employee contact information. District Judge Glenn T. Suddaby accepted and adopted this Report-Recommendation, denying the defendants' motion to strike the declaration and the plaintiff's motion for conditional certification while granting in part the motion to compel discovery. The court also denied other relief sought by the plaintiff and reopened the discovery period for 90 days.

FLSAWage-and-Hour ActionCollective ActionConditional CertificationDiscovery MotionOvertime CompensationJudicial ReviewEmployment LawClass Action ProcedureMagistrate Judge Recommendation
References
60
Case No. MISSING
Regular Panel Decision
Oct 31, 2007

M.M. ex rel. A.M. v. New York City Department of Education Region 9

Parents M.M. and H.M. sought a modified de novo review of administrative decisions concerning their autistic daughter A.M.'s Individualized Education Plan (IEP) for the 2005-2006 school year, provided by the New York City Department of Education (DOE). They alleged procedural and substantive violations of the Individuals with Disabilities Education Act (IDEA), claiming the IEP was inadequate and requesting tuition reimbursement for their unilateral private school placement. The Impartial Hearing Officer and State Review Officer had previously found the DOE's IEP appropriate and denied reimbursement. The District Court affirmed these administrative decisions, concluding that the DOE offered a Free Appropriate Public Education (FAPE) to A.M. and that the IDEA's pendency provision did not entitle the student to continued early intervention services during the dispute. Consequently, the plaintiffs' motion for reversal was denied, and the DOE's cross-motion for summary judgment was granted.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education PlanEarly Intervention ServicesSpecial EducationAutismDue ProcessTuition ReimbursementSummary JudgmentDe Novo Review
References
29
Case No. MISSING
Regular Panel Decision

Liverpool v. S.P.M. Environmental Inc.

Plaintiff sought summary judgment on liability under Labor Law § 240 (1) after the decedent, Keith Liverpool, died from a 15-foot fall at a construction site caused by unsecured bar joists. The Supreme Court, Bronx County, denied the motion. The appellate court unanimously reversed, granting summary judgment on liability against defendants S.P.M. Environmental Inc., the general contractor, and Provech Realty Co., the owner. The court emphasized the absolute liability under Labor Law § 240 (1), ruling that arguments of comparative negligence or the decedent's employment status as an independent contractor were irrelevant to the defendants' statutory duty to provide proper safety devices.

Construction AccidentLabor Law § 240(1)Summary JudgmentAbsolute LiabilityFall ProtectionGeneral Contractor LiabilityProperty Owner LiabilityWorker SafetyAppellate ReversalComparative Negligence Irrelevant
References
10
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. 2015-1563 K C
Regular Panel Decision
Dec 22, 2017

Z. M. S. & Y Acupuncture, P.C. v. GEICO Gen. Ins. Co.

This case involves an appeal by GEICO General Insurance Company from an order of the Civil Court that denied branches of its cross-motion for summary judgment. The plaintiff, Z. M. S. & Y Acupuncture, P.C., sought to recover assigned first-party no-fault benefits for services billed under CPT codes 97811, 97813, and 97814. The Appellate Term, Second Department, reversed the lower court's order, granting GEICO's cross-motion for summary judgment. The court found that GEICO had fully paid the plaintiff for services in accordance with the workers' compensation fee schedule for acupuncture, and since the services were rendered after April 1, 2013, the defense regarding the fee schedule was not subject to preclusion. Plaintiff failed to rebut this showing.

No-fault benefitsAcupuncture servicesWorkers' compensation fee scheduleSummary judgmentCPT codesAppellate reviewInsurance disputeMedical billingFee dispute
References
2
Case No. 2015-451 K C
Regular Panel Decision
Dec 22, 2017

Z.M.S. & Y Acupuncture, P.C. v. GEICO Gen. Ins. Co.

This case concerns an action by Z.M.S. & Y Acupuncture, P.C., as assignee of Melo, Carmen, to recover assigned first-party no-fault benefits from GEICO General Insurance Company. The plaintiff moved for summary judgment, while the defendant cross-moved to dismiss claims. The Civil Court of the City of New York, Kings County, limited the issues for trial regarding the application of the workers' compensation fee schedule to services billed under specific CPT codes. On appeal to the Appellate Term, Second Department, the Civil Court's order was modified. The Appellate Term granted the branches of GEICO's cross motion seeking summary judgment dismissing claims for services under CPT codes 97811, 97813, and 97814, and as so modified, affirmed the order.

no-fault benefitsacupuncturesummary judgmentCPT codesworkers' compensation fee scheduleAppellate Terminsurance claimprofessional corporationsassigned benefits
References
1
Case No. 2023 NY Slip Op 06597 [222 AD3d 560]
Regular Panel Decision
Dec 21, 2023

Matter of L.V.M. (Simon S.)

The Appellate Division, First Department, unanimously affirmed the Family Court's finding that the subject children, L.V.M. and M.D.M., are abused children. The court found that the preponderance of evidence supported the abuse findings, determining the children's out-of-court statements were reliable and corroborated. Both children described similar patterns of sexual abuse by their stepfather, which were cross-corroborated by each other's accounts and other evidence, including parental admissions. The court rejected arguments regarding alleged motives for the children to lie and issues with translation or a nonexpert's testimony on demeanor, upholding the Family Court's credibility determinations.

Child AbuseSexual AbuseCorroboration of Child StatementsFamily Court ActAppellate ReviewCredibility DeterminationsOut-of-court StatementsParental ConductStepfather AbuseChild Protective Services
References
11
Case No. 2022 NY Slip Op 05820 [209 AD3d 554]
Regular Panel Decision
Oct 18, 2022

Matter of Patrice H.W. (Marcia M.)

This case concerns an appeal regarding the termination of parental rights of Marcia M. to her four children: Patrice H.W., Natalie H.W., Anthony S.W., and Amya S.W. The Appellate Division, First Department, affirmed the Family Court's findings of permanent neglect against Marcia M. concerning Patrice and violations of suspended judgments for the other three children. The court found that Marcia M. failed to plan for Patrice's future by not acknowledging problems leading to foster care placement and failed to comply with terms of suspended judgments for the other children. The appeal also dismissed challenges to the dispositional order as it was entered upon default, and rejected claims of ineffective assistance of counsel, concluding that termination of parental rights was in the children's best interests.

Parental rights terminationpermanent neglectsuspended judgment violationFamily Court appealAppellate Divisionchild welfarefoster caredefault judgmentineffective assistance of counseladoption
References
12
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