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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
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. 11-cv-7679, 11-cv-8249
Regular Panel Decision

Tiro v. Public House Investments, LLC

This case consolidates two actions brought by "tipped/front of house" and "non-tipped/back of house" employees against several New York City restaurants and individuals for alleged violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Plaintiffs moved for class certification of their state-law claims. District Judge Colleen McMahon granted the motion in part, certifying eight subclasses based on employment at specific restaurants (Public House, Butterfield, Wicker Park, Black Finn) within the two broader categories of tipped and non-tipped workers. The court appointed Fitapelli & Schaffer, LLP as class counsel but directed the parties to submit new joint proposed class notices. Defendants are also ordered to disclose employee information for the subclasses.

Class certificationWage disputeFLSANYLLLabor lawRestaurant industryCollective actionTipped employeesNon-tipped employeesEmployer liability
References
30
Case No. MISSING
Regular Panel Decision

Skyline Specialty, Inc. v. Gargano

Petitioner, a New York-incorporated distributor of specialized equipment, sought certification as a woman-owned business enterprise (WOBE). The application, submitted by sole shareholder Nancy Struzenski, was denied because petitioner failed to demonstrate independent operation as required by state regulations. Petitioner challenged this determination via a CPLR article 78 proceeding, arguing that the respondent agency misinterpreted its own regulations and that the decision lacked substantial evidence. The court upheld the respondent's interpretation of the regulations as reasonable and found ample evidence, including petitioner's deep financial and operational ties to Environmental Products and Services, Inc. (EPS), to support the finding of non-independence. The court further dismissed petitioner's claims of procedural flaws during the initial investigation. Consequently, the determination to deny WOBE certification was confirmed, and the petition was dismissed.

Woman-Owned Business EnterpriseCertification DenialIndependent OperationAdministrative LawCPLR Article 78Judicial ReviewRegulatory InterpretationSubstantial EvidenceBusiness InterdependenceCorporate Structure
References
6
Case No. MISSING
Regular Panel Decision
Dec 14, 2016

Brown v. Barnes & Noble, Inc.

Plaintiffs, Café Managers (CMs), sued Defendant Barnes & Noble, Inc. for alleged violations of the Fair Labor Standards Act (FLSA), claiming improper classification as exempt from overtime pay despite performing non-exempt duties. They sought conditional certification of a nationwide collective action under FLSA Section 216(b). The court reviewed the two-stage process for FLSA collective action certification, noting the modest factual showing required at the first stage but emphasizing that certification is not automatic. The motion was denied without prejudice, as the court found the plaintiffs' evidence insufficient to demonstrate a common policy or plan requiring all CMs nationwide to primarily perform non-exempt work. The court indicated that plaintiffs could renew their motion if further discovery revealed additional evidentiary support.

FLSAFair Labor Standards ActOvertime PayWage and Hour LawCollective ActionConditional CertificationExempt EmployeeNon-Exempt EmployeeCafé ManagersJob Classification
References
33
Case No. MISSING
Regular Panel Decision
Sep 26, 2007

Kudinov v. Kel-Tech Construction Inc.

This case involves an appeal from an order that partially granted plaintiffs’ motion for class certification and denied the defendant's cross-motion for summary judgment. The court affirmed the lower court's decision, emphasizing that the burden of establishing class certification criteria rests with the party seeking it, and the class certification statute should be liberally construed. Despite inconsistencies in the class representative's testimony and variations in damages among different trades, the court found sufficient evidence for numerosity and commonality of claims. The decision reiterates that the inquiry into a claim's merit for class certification is limited and not a substitute for summary judgment or trial.

Class ActionClass CertificationSummary JudgmentAppellate ReviewJudicial DiscretionEvidentiary BasisNumerosityCommonalityWage DisputesUnderpayment
References
11
Case No. MISSING
Regular Panel Decision

MTA Bus Non-Union Employees Rank & File Committee ex rel. Simone v. Metropolitan Transportation Authority

The MTA Bus Non-Union Employees Rank and File Committee, along with fourteen individual plaintiffs, brought an action against the Metropolitan Transportation Authority (MTA) and MTA Bus Company (MTA Bus) concerning pension benefits. Plaintiffs asserted claims including violations of the Equal Protection Clauses of the United States and New York State Constitutions, two distinct breaches of contract, a violation of Section 115 of the New York Civil Services Law, and negligent misrepresentation. The court granted the defendants' motion for summary judgment on all claims and denied the plaintiffs' cross-motion for summary judgment. The court found that the pension benefit classifications had a rational basis, the contract claims were defeated by unambiguous plan documents, the Civil Services Law claim lacked jurisdictional basis, and the negligent misrepresentation claim was invalid as it was based on future promises.

Equal Protection ClauseRational Basis ReviewSummary JudgmentPension BenefitsBreach of ContractMTA Bus CompanyMetropolitan Transportation AuthorityNon-Union EmployeesNew York Civil Service LawNegligent Misrepresentation
References
24
Case No. MISSING
Regular Panel Decision
Feb 22, 1983

In re the Claim of Bruggeman

The Unemployment Insurance Appeal Board ruled that the claimant, suspended for criminal misconduct involving the sale of a controlled substance during non-working hours, was ineligible for benefits, charged with a recoverable overpayment due to willful misrepresentation, and penalized for future benefits. The claimant appealed, contending that the misconduct was unrelated to employment and that a certificate of relief from civil disabilities should prevent forfeiture of benefits. The court disagreed, affirming the Board's decision. It held that misconduct raising questions about a worker's integrity, even if during non-working hours, relates to work, and that the certificate of relief does not prevent the forfeiture of unemployment benefits.

Unemployment BenefitsCriminal MisconductMoral TurpitudeForfeiture of BenefitsWillful MisrepresentationCivil DisabilitiesCorrection LawLabor LawAppellate DivisionBoard Decision
References
4
Case No. MISSING
Regular Panel Decision

Parker v. Time Warner Entertainment Co., L.P.

This Memorandum & Order addresses plaintiffs' objections to a Magistrate Judge's recommendations regarding class certification. Plaintiffs Andrew Parker and Eric De-Brauwere sued Time Warner Cable, alleging violations of the Cable Communications Policy Act of 1984 by disclosing subscriber information. District Judge Glasser adopted the Magistrate Judge's findings, denying class certification for monetary claims under Rule 23(b)(2) due to the predominance of monetary relief, and denying full certification under Rule 23(b)(3) because a class action was deemed not superior given the statutory provisions for individual remedies. The court also declined to exercise supplemental jurisdiction over the plaintiffs' state law claims. Ultimately, the plaintiffs' objections to the Magistrate Judge's Report & Recommendation were denied, and the recommendations were adopted.

Class ActionClass CertificationRule 23(b)(2)Rule 23(b)(3)Cable Communications Policy ActSubscriber PrivacyMonetary ReliefInjunctive ReliefEastern District of New YorkMagistrate Judge Recommendation
References
31
Case No. MISSING
Regular Panel Decision

Duchene v. Michael L. Cetta, Inc.

Plaintiffs, current and former waiters at Sparks Steak House, initiated litigation under the Fair Labor Standards Act (FLSA) and the New York Labor Law, alleging the unlawful diversion of their tips. Following a previous order for the FLSA claim to proceed as a collective action, the plaintiffs moved for class action certification for all waiters employed by Sparks from June 14, 2000, onwards. The defendant opposed this, challenging supplemental jurisdiction and class certification requirements. However, the Court exercised supplemental jurisdiction and found that the class met all necessary criteria, including numerosity and superiority. Consequently, the Court granted the plaintiffs’ motion for class certification.

Class ActionFair Labor Standards ActNew York Labor LawTip DiversionWage and Hour ClaimsCollective ActionSupplemental JurisdictionRule 23(b)(3)Numerosity RequirementSuperiority Requirement
References
11
Case No. MISSING
Regular Panel Decision

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
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