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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

Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP

Vincent Jackson sued the law firm Abrams, Fensterman, et al., alleging improper termination after a hospitalization, in violation of FMLA, State HRL, and City HRL. The defendant denied liability, claiming Jackson was not its employee. The court previously denied summary judgment as premature to allow for the deposition of Howard Fensterman, who was identified as Jackson's personal chauffeur employer. After Fensterman's deposition, the court granted partial summary judgment to the defendant, dismissing the State and City HRL claims, finding Fensterman, not the firm, was Jackson's employer for those statutes due to the 'domestic service' exclusion and lack of firm control. However, the court denied summary judgment on the FMLA claim, determining a genuine issue of material fact remains regarding the firm's employer status under the 'economic realities' test, particularly concerning work performed by Jackson that could benefit the firm. The FMLA claim will proceed to a hearing.

Employment LawFamily and Medical Leave Act (FMLA)Human Rights LawEmployer DefinitionSummary Judgment MotionEconomic Realities TestJoint EmploymentDomestic Service ExemptionPersonal ChauffeurCorporate Liability
References
37
Case No. MISSING
Regular Panel Decision

In re Michael B.

This appeal concerns six-year-old Michael B., born with cocaine toxicology and placed in foster care with his foster parents (appellant foster mother and Quintín L.). Following a prior reversal by the Appellate Division, which mandated a best-interests hearing, the Family Court awarded custody to Michael's natural father. The Appellate Division now reverses this decision, finding that the child's best interests are served by awarding custody to the foster parents. The court cited the child's strong bond with his foster parents, the natural father's deficient parenting, lack of emotional support, and potential for emotional and physical harm. The case is remitted to the Family Court, Kings County, for a hearing to determine the father's visitation rights.

Parental Rights TerminationChild CustodyBest Interests of ChildFoster CareChild NeglectPsychological EvaluationFamily LawAppellate ReviewParental FitnessVisitation Rights
References
8
Case No. STK 0182326
Regular
Oct 15, 2007

MICHAEL JACKSON vs. ODWALLA, INC, ROYAL INDEMNITY, LABOR READY, LUMBERMAN'S MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Royal Indemnity's petition for removal to address a dispute over equitable reimbursement between defendants ESIS and Royal Indemnity. The core issue is determining Michael Jackson's employer status to resolve which insurer bears full liability for his injury, as the original award finding Labor Ready as the employer was rescinded. The Board rescinded the order taking the case off calendar and returned it to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalFindings and AwardOrder Taking Off CalendarLabor ReadyOdwallaIncRoyal IndemnityESISTemporary Staffing Agency
References
0
Case No. 2015 NY Slip Op 08387 [133 AD3d 719]
Regular Panel Decision
Nov 18, 2015

Jackson v. Georgalos

Sheena Jackson, a postal worker, sued Jorge Georgalos and Joanne Guerrero-Georgalos for personal injuries sustained at their residence. Jackson alleged that as she delivered mail, the defendants' dog jumped on a screen door, causing it to open and the dog to run out. As she tried to avoid the dog, her ankle twisted, leading to a fall on the steps. The Supreme Court, Westchester County, granted the defendants' motion for summary judgment, dismissing the complaint. The Appellate Division affirmed this decision, finding that the defendants established their prima facie entitlement to judgment by demonstrating their dog had no prior vicious propensities, and the plaintiff failed to raise a triable issue of fact.

Personal InjuryDog BiteStrict LiabilityVicious PropensitiesSummary JudgmentPremises LiabilityLandowner LiabilityAppellate ReviewAffirmative DefenseFactual Dispute
References
11
Case No. 2018 NY Slip Op 07702
Regular Panel Decision
Nov 14, 2018

Findlater v. Catering by Michael Schick, Inc.

The plaintiff, Christopher Findlater, sued Catering by Michael Schick, Inc., for personal injuries sustained when a food rack fell on him. The defendant moved for summary judgment, arguing the action was barred by the Workers' Compensation Law's exclusivity provisions, claiming Findlater was an employee. Findlater cross-moved for summary judgment, asserting defendant's negligence and his status as an independent contractor. The Supreme Court denied the defendant's motion and granted Findlater's cross-motion, concluding he was an independent contractor. On appeal, the Appellate Division modified the order, finding that the question of Findlater's employment status created a factual dispute that must be resolved by the Workers' Compensation Board. However, the Appellate Division affirmed the Supreme Court's determination of negligence against Catering by Michael Schick, Inc. The case was remitted to the Supreme Court for new determinations pending the Board's decision.

Personal InjuryWorkers' Compensation LawIndependent Contractor StatusSummary JudgmentNegligenceAppellate ReviewRemittalEmployment LawFactual DisputeExclusivity Provisions
References
4
Case No. 2023 NY Slip Op 23283
Regular Panel Decision
Sep 15, 2023

Jackson v. Citywide Mobile Response Corp.

Tray Jackson, an emergency medical technician (EMT), initiated a class action lawsuit against Citywide Mobile Response Corp., alleging multiple violations of the New York State Labor Law and NYCRR. Jackson claimed that the defendant failed to provide full wages, including overtime and spread of hours pay, and illegally deducted costs for mandatory uniforms and supplies from employee pay, resulting in wages below the minimum wage. The plaintiff sought class certification for a proposed class of approximately 200 current and former EMTs, paramedics, and drivers. The Supreme Court, Bronx County, presided over by Justice Fidel E. Gomez, granted the motion for class certification, finding that all statutory requirements under CPLR 901 and 902 were satisfied. The court certified a class comprising all individuals working for the defendant as drivers, EMTs, or paramedics in New York between December 30, 2015, and August 15, 2022.

Class Action CertificationLabor Law ViolationsUnpaid WagesOvertime PayUniform ReimbursementMinimum WageSpread of Hours PayWage NoticesIllegal Wage DeductionsEMT
References
31
Case No. MISSING
Regular Panel Decision

Burns Jackson Miller Summit & Spitzer v. Lindner

This case concerns two New York City law firms, Burns Jackson Miller Summit & Spitzer and Jackson, Lewis, Schnitzler and Krupman, seeking damages from various transit unions and their officers following the April 1980 transit strike. The plaintiffs alleged several common-law causes of action, including prima facie tort and public nuisance, claiming economic losses due to the unlawful strike. The Court of Appeals affirmed the Appellate Division's dismissal of the complaints. It ruled that while the Taylor Law does not prevent private damage actions, it also does not create a new statutory right to sue. Ultimately, the court concluded that the specific common-law claims were either not recognized under New York law or were insufficiently pleaded.

Public Employee StrikeTaylor LawPrivate Right of ActionPrima Facie TortPublic NuisanceIntentional Interference with BusinessThird-Party BeneficiaryUnion LiabilityCommon-Law RemediesLegislative Intent
References
66
Case No. MISSING
Regular Panel Decision

Jackson v. City of New York

Nancy Jackson sued the City of New York and several police officers under 42 U.S.C. §§ 1983, 1985, and 1986, alleging violations of her Fourth and Fourteenth Amendment rights, along with state law claims including assault, false arrest, and emotional distress. This action stems from an incident on March 26, 2010, in Queens, New York, where Jackson was pulled over, arrested, and charged with multiple offenses. Defendants moved for summary judgment. The court granted in part and denied in part Defendants' motion, denying summary judgment on claims for unlawful seizure, false arrest, failure to intervene, and assault, concluding that genuine issues of material fact preclude a finding of probable cause. However, the court granted summary judgment for Defendants on claims of excessive force, battery, deliberate indifference, intentional and negligent infliction of emotional distress, and negligent hiring, training, retention, and supervision.

Civil RightsFalse ArrestUnlawful SeizureExcessive ForceQualified ImmunitySummary Judgment MotionFourth AmendmentFourteenth AmendmentAssaultPolice Misconduct
References
66
Case No. CV-23-1648
Regular Panel Decision
Feb 20, 2025

Matter of Ava OO. (Michael NN.)

This is an appeal from a Family Court order adjudicating children neglected and directing the father, Michael NN., to undergo sex offender treatment. Michael NN. and the mother, Leanna MM., consented to a neglect finding after allegations of domestic violence and child sexual abuse by the father. A key condition was for the father to complete a sex offender evaluation. Although the father submitted an evaluation, the Family Court deemed it insufficient as it was not from the named evaluator, was perfunctory, and lacked a crucial section completion. The Appellate Division affirmed the Family Court's decision, finding a sound and substantial basis in the record for not returning the youngest child to the father's care until he obtains a proper sex offender evaluation and engages with recommended treatment. The court also ruled an argument regarding an expired order of protection as moot.

Family LawChild NeglectAppellate ReviewSex Offender EvaluationDispositional OrderBest Interests of the ChildFamily Court Act Article 10Consent OrderMootnessParental Rights
References
13
Case No. 2016-2500 Q CR
Regular Panel Decision
Mar 29, 2019

People v. Coger (Michael)

The Appellate Term, Second Department, affirmed the conviction of Michael Coger for attempted criminal obstruction of breathing or blood circulation and harassment in the second degree. Coger had appealed a judgment from the Criminal Court of the City of New York, Queens County, following a nonjury trial. The core of the appeal involved the trial court's denial of a missing witness charge concerning a non-testifying police partner, which Coger argued was crucial given the sole testifying officer's alleged inconsistent testimony and the defense's contradictory witnesses. The Appellate Term found that Coger's arguments regarding the missing witness charge were largely unpreserved for appellate review. Furthermore, the court determined that even if preserved, the absent officer's testimony would have been cumulative, and any error in not drawing a negative inference was harmless in the context of a nonjury trial.

Criminal AppealMissing WitnessCumulative EvidenceHarassment Second DegreeAttempted Criminal ObstructionAppellate ReviewNonjury TrialWitness CredibilityHarmless ErrorPreservation of Issue
References
25
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