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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

Schairer v. Schairer

The wife filed a motion to disqualify the law firm of Sari Friedman, P.C. from representing her husband in their ongoing divorce proceedings, citing a conflict of interest. This conflict stemmed from Ms. Friedman's prior representation of the court-appointed custody forensic expert in his own divorce case in 1995. The husband cross-moved to disqualify the same forensic expert, alleging potential bias against police officers and Ms. Friedman's previous representation of the expert. The court found a clear appearance of a conflict of interest, as Ms. Friedman could not effectively cross-examine her former client, the expert, without potentially using privileged confidential information. Consequently, the court granted the wife's motion to disqualify Sari Friedman, P.C. and denied the husband's cross-motion, determining that any claims of bias against the expert could be addressed during trial.

DivorceAttorney DisqualificationConflict of InterestForensic ExpertCustodySpousal DisputeProfessional EthicsConfidentialityLegal RepresentationJudicial Opinion
References
10
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

Amalgamated Service & Allied Industries Joint Board v. Supreme Hand Laundry, Inc.

Plaintiffs, a joint board representing workers, sued several laundry businesses for violations of the Worker Adjustment and Retraining Notification (WARN) Act, alleging that the defendants constituted a single employer and failed to provide proper notice of termination. The court granted the plaintiffs' motion for a default judgment against the 'Karten defendants' (Supreme Hand Laundry, Inc. and related entities) due to their failure to secure legal representation after their original counsel was disqualified. The court also denied defendant 2350 Fifth Avenue Corp.'s belated motion to amend its answer to assert a 'good faith' defense under the WARN Act, citing undue delay, potential prejudice to plaintiffs, and futility. Final judgment was entered against the Karten defendants for over $600,000, including attorneys' fees, and other defendants were dismissed by agreement or order.

WARN ActDefault JudgmentRule 54(b) CertificationGood Faith DefenseCorporate VeilAttorney DisqualificationStatutory DamagesBack PayMass LayoffPlant Closing
References
9
Case No. MISSING
Regular Panel Decision
Sep 08, 1997

Brooklyn Navy Yard Cogeneration Partners v. PMNC

This case concerns an appeal from an order of the Supreme Court, Kings County, which denied the defendants' motion to disqualify the plaintiffs' counsel in a breach of contract action. The dispute involves Brooklyn Navy Yard Cogeneration Partners, L.P. (BNYCP) and PMNC, a joint venture, regarding the construction of a cogeneration facility in Brooklyn. BNYCP also sought to enforce a guaranty from The Parsons Corporation. The Appellate Division affirmed the Supreme Court's order, finding that the representation of a separate subsidiary of The Parsons Corporation on unrelated matters would not adversely affect the plaintiffs' counsel's independent judgment or involve conflicting interests.

Contract DisputeBreach of ContractAttorney DisqualificationProfessional ResponsibilityAppellate ReviewJoint VentureGuaranty EnforcementLegal EthicsJudicial DecisionAffirmation
References
1
Case No. MISSING
Regular Panel Decision

Claim of Von Maack v. Wyckoff Heights Medical Center

This document addresses a procedural matter where a motion for reargument of a previous motion for leave to appeal was considered by the court. The outcome of this specific motion was a denial. Notably, Judge Feinman indicated that he took no part in the decision-making process for this particular motion. The text also references a prior related case decided in 2017.

ReargumentLeave to AppealMotion DeniedAppellate ProcedureRecusal
References
1
Case No. MISSING
Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

Plaintiff POM Wonderful LLC ("Pom") and defendant Organic Juice, Inc. ("Organic Juice") are competing purveyors of bottled pomegranate juice involved in a dispute over false advertising and deceptive marketing practices. Pom initiated the lawsuit, alleging Organic Juice violated federal and state laws by selling "adulterated" juice falsely labeled as "100% pure." Organic Juice counterclaimed, accusing Pom of deceptively marketing its juice made from concentrate and making unsubstantiated health claims, even adding elderberry juice concentrate from 2002 to 2008. The court considered three motions: Pom's motion for summary judgment on Organic Juice's counterclaims, Organic Juice's motion for partial summary judgment on the same, and Pom's motion to dismiss Organic Juice's amended counterclaims. The court denied all three motions, finding that despite alleged methodological flaws, consumer surveys demonstrating potential confusion regarding Pom's advertisements were admissible. Furthermore, the court ordered Pom to pay Organic Juice's costs and attorney's fees related to the motion to dismiss, deeming that particular motion frivolous.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims
References
23
Case No. MISSING
Regular Panel Decision

Claim of Francis v. Jewelry Box Corp. of America

This document concerns a motion for reargument of a motion for leave to appeal. The motion was denied. The decision references an earlier case cited as 26 NY3d 981 from 2015. It is noted that Chief Judge DiFiore and Judge Garcia did not participate in this ruling.

Motion for ReargumentLeave to AppealDenied MotionAppellate ProcedureJudicial Review
References
1
Case No. MISSING
Regular Panel Decision

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied
References
0
Case No. CPL article 440 motion
Regular Panel Decision
Apr 01, 2011

People v. G.M.

Defendant G.M. moved to vacate six convictions—two for prostitution, two for criminal trespass, and two for drug possession—which occurred between September 1997 and January 1998. G.M. contended she was a victim of human trafficking and severe domestic abuse by her husband, D.S., who forced her into illegal activities under threat of violence. The New York State Legislature amended Criminal Procedure Law § 440.10 in August 2010, allowing sex trafficking victims to vacate prostitution-related convictions. The Queens County District Attorney's Office consented to G.M.'s motion for all six convictions, citing her truthful affidavit and the unique circumstances. On April 1, 2011, the court granted the motion, vacating all judgments of conviction and dismissing the accusatory instruments, recognizing G.M.'s status as a trafficking victim, which was also recognized by a federal agency that granted her a 'T Visa'.

Human TraffickingSex TraffickingVacatur of ConvictionsCriminal Procedure Law § 440.10Prostitution OffensesCriminal TrespassDrug PossessionDomestic ViolenceCoercionAbuse
References
14
Case No. MISSING
Regular Panel Decision

Pig Newton, Inc. v. Boards of Directors of the Motion Picture Industry Pension Plan

Plaintiff Pig Newton, Inc. commenced an action against the Boards of Directors of the Motion Picture Industry Pension Plan, Health Plan, and Individual Account Plan, seeking a declaration that certain provisions of the Plans’ Trust Agreements were invalid and unenforceable. The Defendants counterclaimed for delinquent contributions under ERISA. The core dispute revolved around "Controlling Employee Provisions" in the Trust Agreements, which obligated employers to contribute for Controlling Employees for a specified number of hours and weeks regardless of actual hours worked. Pig Newton argued these provisions were invalid, not properly incorporated, or conflicted with collective bargaining agreements (CBAs). The Court, applying federal common law and an arbitrary and capricious standard of review for the Directors' interpretation, found the provisions valid, properly incorporated, and not in conflict with the CBAs, concluding that Szekely (Pig Newton's sole owner) qualified as a Controlling Employee. Consequently, the Court denied Plaintiff's motion for summary judgment and granted Defendants' cross-motion for summary judgment, dismissing Plaintiff's complaint and awarding Defendants the sought-after contributions, interest, auditors’ fees, and liquidated damages.

ERISAMultiemployer PlanPension PlanHealth PlanDeclaratory JudgmentSummary JudgmentTrust AgreementsCollective Bargaining AgreementsControlling Employee ProvisionsDelinquent Contributions
References
44
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