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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2015 NY Slip Op 05466 [129 AD3d 1058]
Regular Panel Decision
Jun 24, 2015

Torres v. St. Francis College

Oscar Torres, a janitor, sustained personal injuries after falling from a ladder while cleaning a basketball backboard at St. Francis College. He, along with his wife, brought an action against St. Francis College alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted summary judgment to the defendant, dismissing these causes of action. The Appellate Division, Second Department, affirmed the judgment, finding that the injured plaintiff's work constituted routine maintenance not covered by Labor Law § 240 (1). The court also found no evidence that the defendant created or had notice of a dangerous condition, or had the authority to supervise the plaintiff's work methods, thus dismissing claims under Labor Law § 200 and common-law negligence.

Personal InjuryLabor LawWorkplace SafetySummary JudgmentAppellate ReviewRoutine MaintenanceElevation RisksCommon-Law NegligenceLadder FallPremises Liability
References
17
Case No. MISSING
Regular Panel Decision

Meling v. St. Francis College

Barbara Meling sued St. Francis College and its president, Donald Sullivan, alleging wrongful termination due to physical disabilities, violating the Americans with Disabilities Act and the Rehabilitation Act. A jury found in Meling's favor, awarding $225,000 in compensatory damages and $150,000 in punitive damages. The defendants' motions for judgment as a matter of law, a new trial, and to set aside punitive damages were denied, upholding the jury's verdicts. The court also granted Meling $141,251 in back pay with interest and ordered her reinstatement as an Assistant Professor of Physical Education. However, her request for reinstatement with tenure was denied, as the court opted not to intervene in the university's tenure decision-making process.

Disability discriminationWrongful terminationAmericans with Disabilities ActRehabilitation ActCompensatory damagesPunitive damagesBack payReinstatementTenureAcademic freedom
References
24
Case No. 2025 NY Slip Op 04658 [241 AD3d 701]
Regular Panel Decision
Aug 13, 2025

Niemotko v. Mount St. Mary Coll.

The plaintiffs, Tracey Niemotko, Moira Tolan, and Ilona McGuiness, commenced an action against Mount Saint Mary College, David Kennett, Jason Adsit, and Michael Olivette, alleging employment discrimination on the basis of gender, constructive discharge, and unlawful retaliation under the New York State Human Rights Law. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint. On appeal, the Appellate Division, Second Department, affirmed the order. The court found that the defendants offered legitimate, nondiscriminatory reasons for their actions, and the plaintiffs failed to raise a triable issue of fact regarding pretext, hostile work environment, or constructive discharge.

Employment DiscriminationGender DiscriminationUnlawful RetaliationHostile Work EnvironmentConstructive DischargeSummary JudgmentNew York State Human Rights LawAppellate DecisionAdverse Employment ActionPretext
References
15
Case No. MISSING
Regular Panel Decision

Poracki v. St. Mary's Roman Catholic Church

An employee of Nicholson & Galloway, a general contractor, fell through a scaffold opening while performing restoration work on St. Mary's Roman Catholic Church, sustaining injuries. The plaintiff initiated actions against St. Mary's, Colgate Scaffolding Corp., and ABC Construction Contracting, alleging violations of Labor Law and common-law negligence. After consolidation, the Supreme Court granted summary judgment to the plaintiff on the Labor Law § 240(1) claim against St. Mary's and dismissed claims against ABC, denying St. Mary's indemnification cross-motion against ABC. On appeal, the court modified the lower court's order. It affirmed the Labor Law § 240(1) liability against St. Mary's and the dismissal of the Labor Law § 200 claim against ABC. However, the appellate court reinstated the common-law negligence claim against ABC and, consequently, the third-party claims for indemnification and contribution by St. Mary's against ABC, finding triable issues of fact regarding ABC's role in creating the hazardous scaffold opening.

Labor LawScaffold AccidentConstruction SafetySummary JudgmentCommon-Law NegligenceIndemnificationContributionSubcontractor LiabilityOwner DutyGeneral Contractor Duty
References
20
Case No. MISSING
Regular Panel Decision

Bullard v. St. Mary's Hospital

Claimant, a secretary at St. Mary's Hospital, developed rheumatoid arthritis, resulting in a permanent partial disability. The Workers' Compensation Board ruled it an occupational disease and awarded compensation. Liability was apportioned among three employers: Rochester Savings Bank, Woodward Health Center, and St. Mary's Hospital. The Special Disability Fund (SDF) was deemed liable for benefits after the initial 104-week disability period. SDF appealed, contending its reimbursement should be limited to St. Mary's Hospital's one-third share. The court affirmed the Board's decision, holding that Workers' Compensation Law § 44 makes the last employer (St. Mary's) responsible for total compensation, and Workers' Compensation Law § 15 (8) (d) requires SDF to fully reimburse the employer's carrier, Sedgwick James, for benefits paid after 104 weeks.

Occupational DiseaseRheumatoid ArthritisPermanent Partial DisabilityApportionmentSpecial Disability FundReimbursementWorkers' Compensation LawLast Employer LiabilityInsurance CarrierWorkers' Compensation Board
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. MISSING
Regular Panel Decision

Guarino v. St. John Fisher College

Plaintiff Lucia Guarino, a faculty member at St. John Fisher College, sued the college for Title VII and New York employment discrimination, alleging a hostile work environment and retaliation from her former supervisor, Dr. Carol Freeman, and Dr. Freeman's husband. Plaintiff described Dr. Freeman's behavior as 'bizarre' and 'needy' but explicitly denied it was romantic or sexual, and stated she was not treated badly because she was a woman. The court found no evidence to support a hostile work environment claim based on sex discrimination, as the incidents were facially neutral and not shown to be sex-based. The retaliation claim also failed because the alleged retaliatory conduct occurred before she formally complained of discrimination, and her actions (transferring to a new position, being granted tenure) did not constitute materially adverse actions. Therefore, the Court granted the Defendant's motion for summary judgment and dismissed the case.

Employment DiscriminationTitle VIIHostile Work EnvironmentRetaliationSummary JudgmentFederal Rules of Civil ProcedureNew York Executive LawFaculty MemberSupervisor HarassmentGender Discrimination
References
33
Case No. 2020 NY Slip Op 01290 [180 AD3d 590]
Regular Panel Decision
Feb 25, 2020

Reyes v. Roman Catholic Church of St. Raymond

The Appellate Division, First Department, unanimously affirmed an order from the Supreme Court, Bronx County. The case involved plaintiff Felipe Reyes, a special employee of The Roman Catholic Church of St. Raymond, whose Labor Law § 240 (1) claim was dismissed based on Workers' Compensation Law § 29 (6). The court also denied summary judgment on St. Raymond's third-party contractual indemnification claim against ABM Janitorial Services-Northeast, Inc., due to an unresolved issue of fact regarding ABM's negligence. The decision concluded that Reyes's claim against St. Raymond was barred due to his special employee status.

Special Employee DoctrineSummary JudgmentLabor Law § 240(1)Workers' Compensation Law § 29(6)Contractual IndemnificationThird-Party ClaimAppellate ReviewWorkplace InjuryPremises LiabilityNegligence
References
2
Case No. 96-CV-3879, 96-CV-6310
Regular Panel Decision

Schuloff v. Queens College Foundation, Inc.

Plaintiff Anita Schuloff filed two separate lawsuits against Queens College Foundation, Inc. and Brooklyn College Foundation, Inc., which were consolidated due to identical legal issues. Schuloff alleged violations of 26 U.S.C. § 6104 for the defendants' failure to promptly provide federal tax returns for public inspection, along with claims under 42 U.S.C. § 1983 and New York Freedom of Information Law. The defendants moved to dismiss the complaints under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court granted the motions to dismiss under Rule 12(b)(6), ruling that 26 U.S.C. § 6104 does not create a private cause of action, thus precluding the related § 1983 claims. Consequently, the Court declined supplemental jurisdiction over the state law claims, dismissing both complaints in their entirety.

Private Cause of ActionTax-Exempt Organizations26 U.S.C. § 610442 U.S.C. § 1983Rule 12(b)(6)Motion to DismissFederal JurisdictionStatutory InterpretationLegislative HistorySupplemental Jurisdiction
References
28
Case No. MISSING
Regular Panel Decision
Dec 03, 1990

In re Mary S.

This is an appeal from an order terminating a father's parental rights to his daughter, Mary S., on the grounds of permanent neglect. The Family Court found the father failed to make diligent efforts to reunite with Mary, citing non-compliance with court-ordered therapy and housing requirements, despite maintaining contact and visitation. Mary S. had a history of neglect, initially placed in foster care in 1986, and was later found to be mildly retarded, eventually bonding with the foster parents who adopted her brother. The appellate court affirmed the Family Court's decision, rejecting claims of an unfair hearing and improper testimony, emphasizing that the Department of Social Services fulfilled its duty and termination was in Mary's best interest. The decision allowed Mary S. to be freed for adoption by her foster parents.

Permanent NeglectParental Rights TerminationChild NeglectFoster CareAdoptionFamily LawSocial ServicesAppellate DecisionChild WelfareDiligent Efforts
References
4
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