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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
Aug 21, 2006

Robles v. Merrill Lynch/WFC/L, Inc.

The Supreme Court, New York County, initially denied the defendants' motion to compel further deposition of the plaintiff's social worker. This decision was subsequently appealed and unanimously reversed by the appellate court. The appellate panel determined that the plaintiff had waived the applicable privilege under CPLR 4508. This waiver occurred because the plaintiff's bill of particulars affirmatively placed her mental condition in issue by alleging related injuries. Consequently, the appellate court granted the defendants' motion to compel the deposition.

Mental ConditionDepositionPrivilegeWaiverSocial WorkerCPLR 4508Appellate ReversalMotion to CompelBill of ParticularsDiscovery
References
1
Case No. 21-mc-102
Regular Panel Decision

Socha v. 110 Church, LLC

Plaintiffs, Marek Soeha, Jerzy Muszkatel, Tadeusz Kowalewski, Wla-dyslaw Kwasnik, and Waldemar Ropel, sought to compel expert testimony from non-retained physicians associated with the Mt. Sinai World Trade Center Medical Monitoring Program and a Workers’ Compensation physician. These "Non-Retained Experts" possess unique knowledge regarding the effects of World Trade Center dust but were unwilling to provide data or serve as expert witnesses due to time constraints and concerns about compromising neutrality. District Judge Alvin K. Hellerstein denied the plaintiffs' motion to compel depositions and amended expert disclosures, finding a lack of "substantial need" as the information was not unique and comparable witnesses were available. However, acknowledging the unparalleled scope of the Mt. Sinai WTC Health Program's research, the court ordered Mt. Sinai to produce its data, with appropriate redactions, following an established protocol.

Expert Witness DepositionMotion to CompelFederal Rules of Civil Procedure 26Non-Retained ExpertsWorld Trade Center LitigationMedical Monitoring ProgramDiscovery DisputeSubpoena Expert WitnessCausation TestimonyData Disclosure Order
References
3
Case No. MISSING
Regular Panel Decision

Nadler v. Federal Deposit Insurance

Congressman Jerrold Nadler, the Tribeca Community Association, and the 67 Vestry Street Tenants Association sued the Federal Deposit Insurance Corporation (FDIC) under the Freedom of Information Act (FOIA) to compel the disclosure of a redacted joint venture agreement. The FDIC, acting as receiver for the failed American Savings Bank (ASB), withheld information related to ASB's subsidiary, Amore Holdings, Inc., citing FOIA Exemption Four for trade secrets and confidential commercial or financial information. The court, applying the National Parks test, determined that public disclosure would significantly impair the FDIC’s ability to maximize profits from its receivership assets and cause substantial competitive harm to Amore. Consequently, the court granted the FDIC’s motion for summary judgment, denied the plaintiffs’ cross-motion, and dismissed the complaint.

FOIAExemption FourCommercial InformationConfidentialityFDIC ReceivershipSummary JudgmentGovernment AgencyReal Estate DevelopmentFreedom of Information Act
References
12
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Stowe & Aircooled Motors, Inc.

This case involves a motion to compel arbitration under section 1450 of the Civil Practice Act, related to the discharge of Gerald Mersfelder. A cross-motion was filed to dismiss the application. The court addressed preliminary objections regarding the local union's standing as a contracting party, affirming its involvement. It was determined that the arbitration clause was limited and did not cover all disputes, particularly unfair labor practices which fall under the National Labor Relations Board's jurisdiction. The court also considered its own jurisdiction under the Civil Practice Act, noting that the controversy arose before amendments broadening the scope of arbitrable subjects took effect. Ultimately, the court found no basis for arbitration as the grievance did not involve the interpretation or application of the contract's provisions.

ArbitrationLabor LawCollective Bargaining AgreementEmployee DischargeJurisdictionCivil Practice ActMotion to CompelMotion to DismissUnion RightsContract Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Mercado v. Division of New York State Police

Plaintiff, a former Hispanic New York State police officer, filed a Title VII action alleging discriminatory disciplinary practices led to his termination. He moved to compel discovery of evaluations of fellow officers and disciplinary records of ten specific officers. The court denied the motion to compel officer evaluations, finding them irrelevant as plaintiff himself had superior evaluations. However, the court conditionally granted the motion to compel disciplinary records, deeming them potentially relevant, subject to a confidentiality agreement. Defendant moved to dismiss the complaint as a sanction for plaintiff's failure to appear at two depositions. The court denied the motion to dismiss, citing the harshness of the remedy for a pro se litigant, but ordered the plaintiff to schedule his deposition and pay $130 in expenses for the missed depositions.

Employment DiscriminationTitle VIIPolice MisconductDiscovery DisputeMotion to CompelSanctionsPro Se LitigantConfidentiality AgreementDisciplinary RecordsPersonnel Files
References
20
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Canada Dry Bottling Co. of Buffalo, N. Y., Inc. & Mordino

The order of Erie Special Term, which granted a petitioner's motion for a stay of arbitration and denied a cross motion to compel arbitration and other relief, was affirmed on appeal. The appellate court also awarded $10 in costs and disbursements. The decision was unanimous, with Justices McCurn, Vaughan, Williams, Bastow, and Goldman presiding.

ArbitrationStay of ArbitrationMotion to Compel ArbitrationAppellate ReviewCosts and DisbursementsUnanimous DecisionErie Special Term
References
0
Case No. MISSING
Regular Panel Decision

Oi Tai Chan v. Society of Shaolin Temple, Inc.

In this vigorously contested action alleging fraud and breach of contract, the court addressed several motions. Defendant Shi's motion for summary judgment was denied due to unresolved factual disputes regarding the nature of significant monetary transfers from the plaintiff to a religious organization. The court granted the plaintiff's cross-motion to resume defendant Shi's deposition, sanctioning defense counsel Kenneth Jiang for repeatedly instructing his client not to answer questions in defiance of prior court directives. Additionally, the court denied Shi's cross-motion to disqualify plaintiff's counsel, citing a lack of necessary testimony, cumulative evidence, and the motion's untimely and potentially retaliatory nature. A special referee was appointed to supervise remaining discovery and settlement efforts.

Fraudulent InducementBreach of ContractDiscovery DisputeSummary Judgment MotionDeposition ObstructionAttorney SanctionsCounsel DisqualificationRules of Professional ConductAudio Recording AdmissibilityQueens County Court
References
68
Case No. MISSING
Regular Panel Decision

Nelson v. Biderman

The petitioner moved for a warrant under CPLR 2308(b) to commit the respondent to jail for refusing to be sworn as a witness and produce requested books and records in a pending arbitration proceeding. The respondent had previously unsuccessfully moved to set aside the arbitrator's subpoenas, and the petitioner's cross-motion to compel compliance was granted. An appeal by the respondent for a stay was denied by the Appellate Division. The respondent persisted in his refusal before the arbitrator, leading to the current motion. The respondent argued, for the first time, that only the 'issuer' of the subpoena, the arbitrator, could move for relief under CPLR 2308(b), collaterally attacking the prior order. The court rejected this argument, interpreting 'issuer' to include the party on whose application the subpoena was issued in a non-judicial proceeding, and found it impractical to limit the remedy to the official. The motion was granted.

ArbitrationSubpoena enforcementCPLR 2308(b)CPLR 2302(a)Contempt of courtWitness refusalDocument productionCollateral attackJudicial interpretationMotion to compel
References
0
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. MISSING
Regular Panel Decision

Erie Basin Terminal Warehouse Co. v. Marine Terminal & Warehousemen's Local 976-4

Plaintiff instituted an action against the International Longshoremen’s Association, AFL-CIO, under the Taft-Hartley Act for alleged breach of their collective bargaining agreement. The defendant moved to compel arbitration of the dispute, citing an arbitration clause in the agreement. Plaintiff argued that the clause was not applicable, was too narrow, and that being out of business negated the arbitration requirement. The court, referencing established precedent, determined that the agreement clearly intended for such disputes to be arbitrated. The court found that the "disputes or controversies" language encompassed employer claims and and that the plaintiff's business status did not alter the obligation to arbitrate. Consequently, the court granted the defendant's motion, compelling the plaintiff to submit its claim to arbitration.

Taft-Hartley ActCollective Bargaining AgreementArbitration ClauseBreach of ContractMotion to Compel ArbitrationLabor LawFederal CourtStatutory InterpretationDispute ResolutionContractual Obligation
References
3
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