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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

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Burns Jackson v. Lindner

This case involves a class action lawsuit brought by professional and business entities in Manhattan against various unions and their officers, including the Transport Workers Union (TWU), Amalgamated Transit Union (ATU), and George Link. The plaintiffs sought damages resulting from an 11-day mass transit strike in April 1980 in New York City. The complaint asserted causes of action based on prima facie tort, public nuisance, and third-party beneficiary breach of contract. The defendants moved to dismiss the complaint for failure to state a cause of action. The court denied the motion to dismiss for the prima facie tort and public nuisance claims, concluding that illegal public employee strikes could give rise to private causes of action for damages. However, the motion to dismiss the third-party beneficiary breach of contract claim was granted, as the court found the collective bargaining agreement did not primarily intend to benefit the public to allow private enforcement for consequential damages.

Mass Transit StrikePublic EmployeesLabor DisputePrima Facie TortPublic NuisanceDamagesClass ActionMotion to DismissTaylor LawUnion Liability
References
44
Case No. ADJ7217859, ADJ7544106
Regular
Oct 21, 2014

YOLANDA MARTINEZ vs. MASS PRECISION, COMPWEST INSURANCE COMPANY, SCI @ BALANCE STAFFING SERVICE, ZURICH NORTH AMERICA

This case involves applicant Yolanda Martinez claiming industrial injuries (lumbar spine, right shoulder, psyche) from her employment at Mass Precision. Defendant Zurich North America, insurer for SCI @ Balance Staffing Service, contested liability for the psyche injury, arguing applicant's employment by SCI was less than the six-month statutory minimum. The Appeals Board affirmed the WCJ's finding of joint and several liability, holding that prior employment at the same worksite with dual employers counts towards the six-month requirement for psyche injury claims. This decision was based on the principle that the six-month rule aims to prevent claims from routine stress in new employment, a purpose not served when an employee has a longer-term relationship with the worksite.

Workers' Compensation Appeals BoardSpecific InjuryCumulative Trauma InjuryApportionmentPsychiatric InjuryLabor Code Section 3208.3(d)Six Month Employment RequirementDual EmploymentGeneral EmployerSpecial Employer
References
3
Case No. MISSING
Regular Panel Decision
Oct 15, 1999

Johnson v. Incorporated Village of Freeport

The plaintiff appealed a Supreme Court order concerning personal injuries. The original order had granted summary judgment to Incorporated Village of Freeport and Mass Electric Construction Co., dismissing claims under Labor Law §§ 200 and 241(6). Defendant T. Moriarty & Sons, Inc., cross-appealed the denial of its motion for summary judgment, while Freeport and Mass Electric Construction Co. also cross-appealed the denial of their indemnification claims. The Appellate Division modified the order by granting T. Moriarty & Sons, Inc.'s motion for summary judgment and dismissing the entire complaint. The court found no evidence of direction or control by Freeport and Mass for Labor Law § 200 claims, and the cited Industrial Code provision for Labor Law § 241(6) was inapplicable due to the nature of the injury location. Consequently, all indemnification claims became academic, and common-law indemnification was barred by Workers’ Compensation Law § 11.

Personal InjurySummary JudgmentLabor LawIndemnificationAppellate ReviewNassau CountyWorkers' CompensationProperty Owner LiabilityGeneral Contractor LiabilityConstruction Site Accident
References
10
Case No. MISSING
Regular Panel Decision

Nathan's Famous, Inc. v. Local. 1115

Plaintiff sought a temporary injunction against a defendant union for mass picketing and violent conduct at its Coney Island restaurant following an expired collective bargaining agreement. The union's members allegedly shouted threats, massed over 40 pickets, threw objects, and attempted a firebombing, leading to arrests. Defendants admitted to a large number of pickets and arrests but largely denied other misconduct. The court found sufficient evidence of unlawful acts and potential irreparable harm to the plaintiff's business. Defendants' procedural objections regarding Labor Law § 807 and CPLR 6313 (subd. [a]) were rejected, as was the contention about defective complaint under General Associations Law § 13 and lack of New York State jurisdiction. The motion for injunction was granted conditionally.

InjunctionMass PicketingLabor DisputeUnion ConductViolenceTemporary InjunctionIrreparable InjuryJurisdictionCollective BargainingUnlawful Acts
References
5
Case No. MISSING
Regular Panel Decision

Samuelsen v. Walder

This CPLR Article 78 proceeding was brought by petitioners, including individuals and organizations, against respondents, the MTA and NYCTA, challenging the mass closing of subway station token booths and customer assistant kiosks. Petitioners alleged violations of Public Authorities Law §§ 1205 (5) and 1204 (15), arguing that new public hearings were required after the respondents' decision to reinstitute closings, which had previously been rescinded. The court found that petitioners had standing and that the claims were timely filed. The court ruled that respondents violated Public Authorities Law § 1205 (5) by failing to hold fresh public hearings on the reinstituted mass closings, requiring them to do so before proceeding. However, the court dismissed the claim under Public Authorities Law § 1204 (15), stating that judicial intervention into the daily management of transit facilities was inappropriate.

Public Authorities LawCPLR Article 78Subway ClosingsToken BoothsKiosk ClosingsPublic HearingsAdministrative LawGovernment TransparencyPublic Benefit CorporationStatute of Limitations
References
28
Case No. MISSING
Regular Panel Decision
Feb 09, 2004

Vogt v. Greenmarine Holding, LLC

This action was brought under the Worker Adjustment and Retraining Notification (WARN) Act by former employees of Outboard Marine Corporation (OMC), a bankrupt company, against several investment companies that owned or controlled OMC's stock. Plaintiffs alleged failure to provide a sixty-day notice before mass layoffs or plant closings. Defendants filed motions to dismiss for failure to state a claim. The court applied the Department of Labor's five-factor test for intercorporate WARN Act liability, particularly emphasizing de facto control over the mass layoff decision. The motions to dismiss were denied for Greenmarine Holdings, LLC, Quantum Industrial Partners, LDC, and Quantum Industrial Holdings, Ltd., due to sufficient allegations of de facto control, common ownership, and shared directors. However, the motions were granted for other defendants lacking such specific allegations.

WARN ActMass LayoffPlant ClosingIntercorporate LiabilityParent CompanySubsidiaryIntegrated EnterpriseDepartment of Labor RegulationsMotion to DismissRule 12(b)(6)
References
15
Case No. MISSING
Regular Panel Decision

Paylay Hats, Inc. v. Zaritsky

Plaintiff corporation, a hat and millinery manufacturer operating an open shop, brought an action to restrain two local labor unions from picketing its premises and committing acts harmful to its business. The plaintiff alleged the defendant unions conspired to injure its business and compel unionization through unlawful acts like mass picketing, abuse, intimidation, and assault. Defendants denied conspiracy and wrongful acts, claiming peaceful picketing. While some evidence suggested mass picketing and assaults, the court found insufficient proof of a conspiracy or authorization by the unions for the alleged unlawful acts. The defendants also claimed the plaintiff had "unclean hands" by hiring "gangsters" to prevent unionization, which the court condemned but found not to justify the defendants' alleged interference. Ultimately, the court found that the plaintiff failed to establish a course of conduct by the defendants aimed at destroying or crippling its business. The complaint was dismissed.

Labor disputePicketingInjunctionUnionizationUnfair labor practicesMass picketingAssaultConspiracyOpen shopUnclean hands doctrine
References
0
Case No. 04 Civ. 8255(WHP)
Regular Panel Decision

Bray v. City of New York

The City of New York sought a preliminary injunction to prevent Critical Mass bicycle rides from occurring without permits, filing a counterclaim under New York General City Law § 20(22). The counterclaim alleged violations for gathering in Union Square Park without a Parks Department permit and engaging in a bicycle procession without a parade permit. Plaintiffs, Critical Mass cyclists, opposed the injunction and moved to dismiss the counterclaim. The court declined supplemental jurisdiction over the Parks Department permit claim, finding it unrelated to the plaintiffs' federal claims. While possessing supplemental jurisdiction over the parade permit claim, the court ultimately declined to exercise it due to novel questions of state law and principles of comity, emphasizing that state courts are better suited to interpret local regulations. Consequently, the City's motion for a preliminary injunction was denied, and the plaintiffs' motion to dismiss the amended counterclaim was granted without prejudice.

Critical MassBicycle RidesParade PermitsSpecial Event PermitsInjunctionSupplemental JurisdictionState Law ClaimsFederalismComityNew York City Administrative Code
References
27
Case No. MISSING
Regular Panel Decision
May 29, 2012

Masse v. Parrella

The plaintiff sought damages for personal injuries after a slip and fall on a wet floor at her workplace, a property owned by the defendant. The defendant moved for summary judgment to dismiss the complaint, arguing the action was barred by Workers’ Compensation Law § 11. The Supreme Court, Nassau County, denied this motion, prompting the defendant's appeal. The appellate court affirmed the lower court's order, finding that the defendant failed to establish prima facie that he was either the plaintiff's alter ego or special employer, or to demonstrate the absence of triable issues regarding the creation of the dangerous condition by his employee.

Personal InjurySlip and FallSummary JudgmentWorkers' CompensationAlter EgoSpecial EmployerDangerous ConditionPremises LiabilityPrima FacieAppellate Review
References
9
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