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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

Abraham Natural Foods Corp. v. Mount Vernon Fire Insurance

Plaintiff Abraham Natural Foods Corp. initiated an action seeking a declaration that Mount Vernon Fire Insurance Company was obligated to indemnify and defend it in a wrongful death suit. The case was removed to federal court based on diversity jurisdiction. Plaintiff later amended its complaint to add several non-diverse defendants, including Modern Insurance Agency and Ok Z. Kim. Defendants moved to dismiss for lack of subject matter jurisdiction, arguing that the joinder of non-diverse parties destroyed diversity. Plaintiff cross-moved to remand the case to state court. The Court denied the motion to dismiss and granted the motion to remand, finding that the joinder of Modern was permissible under Rule 20 and legitimate, thus requiring remand under 28 U.S.C. § 1447(e).

Diversity JurisdictionSubject Matter JurisdictionRemand to State CourtMotion to DismissJoinder of PartiesPermissive JoinderFederal Rules of Civil Procedure28 U.S.C. § 1447(e)Insurance LitigationBroker Malpractice
References
18
Case No. MISSING
Regular Panel Decision
Nov 27, 2006

Smolik v. Turner Construction Co.

The plaintiff, a Kings County resident, sustained injuries at a New Jersey construction site while working for a New Jersey employer. Following initial treatment and a New Jersey workers' compensation claim, the plaintiff initiated a personal injury action in New York against Turner Construction Company and Metrovest Equities, Inc., both New York corporations with operations in New Jersey. The defendants moved to dismiss the complaint on the basis of forum non conveniens, arguing New York was an inconvenient forum. The Supreme Court, Kings County, granted these motions, and the appellate court affirmed the dismissal, finding no improvident exercise of discretion given the lack of substantial nexus to New York.

Personal InjuryForum Non ConveniensDismissalAppealNew York CourtsNew Jersey SitusJurisdictionCPLR 327DamagesConstruction Site
References
9
Case No. 2023 NY Slip Op 04372 [219 AD3d 819]
Regular Panel Decision
Aug 23, 2023

Iannaccone v. United Natural Foods, Inc.

The plaintiff, Louis Iannaccone, appealed an order from the Supreme Court, Rockland County, which had granted summary judgment dismissing his Labor Law § 240 (1) claim. Iannaccone alleged personal injuries suffered in October 2015 while installing camera systems for United Natural Foods, Inc., when an extension ladder he was on, resting on landscaping rocks, shifted and caused him to fall. The Supreme Court initially granted motions by the defendant and third-party defendants (Protection One Alarm Monitoring, Inc., and Protection One Systems, Inc.) to dismiss the Labor Law § 240 (1) cause of action. The Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant and third-party defendants failed to establish, prima facie, that Iannaccone's actions were the sole proximate cause of his injuries. The Appellate Division noted Iannaccone's testimony about the unsafe alternative placement of the ladder and the lack of evidence that available safety ties, not at the job site, would have prevented the fall. Consequently, the motions for summary judgment dismissing the Labor Law § 240 (1) claim were denied.

Personal InjuryLadder SafetyLabor Law 240(1)Summary Judgment ReversalAppellate ReviewProximate CauseRecalcitrant WorkerSafety DevicesConstruction AccidentWorkplace Injury
References
16
Case No. MISSING
Regular Panel Decision

Dinkins v. Farley

This case addresses a question of first impression regarding employer liability under respondeat superior for an employee's accident while driving to a tuition-subsidized class. The plaintiff sustained personal injuries in an accident involving an automobile operated by Victor F. Farley, an employee of Xerox Corporation, who was driving to a class funded by Xerox's tuition aid program. The plaintiff sought to hold Xerox liable, arguing Victor was acting within the scope of his employment. The court analyzed the nature of the tuition aid program, emphasizing the primary personal benefit to the employee, lack of employer control over travel, and the contingent nature of the tuition reimbursement. Ultimately, the court determined that Victor's activity was not sufficiently connected to his employment to invoke respondeat superior, granting Xerox's motion to dismiss and denying the plaintiff's cross-motion for summary judgment.

Respondeat SuperiorScope of EmploymentTuition Aid ProgramPersonal InjurySummary JudgmentCPLR 3211CPLR 3212Automobile AccidentEmployer LiabilityEmployee Education
References
8
Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. MISSING
Regular Panel Decision

McNaughton v. Broach

Sixteen members of Local Union No. 3, International Brotherhood of Electrical Workers, initiated a lawsuit against defendant Broach and 34 other officers, alleging a conspiracy to arbitrarily control the union, deprive members of autonomy, and manage affairs for personal gain. The plaintiffs sought various injunctive reliefs, including restoring member rights and directing an accounting of funds. The primary issue on appeal concerned the validity of service by publication on defendant Broach, a non-resident, who moved to vacate the service, arguing its impropriety due to his non-residency and lack of property within New York State, a prerequisite for such service without personal jurisdiction. The Special Term initially denied Broach's motion, reasoning that the cause of action arose in New York, related to local property rights, and the sought relief could be enforced locally. However, the appellate court reversed this decision, ruling that while the cause of action might have originated in New York, substituted service on a non-resident defendant requires proof of property within the state over which the court can assume in rem jurisdiction, as personal jurisdiction (in personam) was absent. The court emphasized that without such property or in personam jurisdiction, any judgment directing specific actions or an accounting against the non-resident Broach would be unenforceable, therefore rendering the order for service by publication void.

Service by PublicationJurisdiction In RemNon-Resident DefendantUnion GovernanceLabor Union DisputeAppellate ProcedureMotion to VacateProperty RightsEnforceability of JudgmentConspiracy
References
7
Case No. 05-CV-3580
Regular Panel Decision

Cantu v. Flanigan

Plaintiff Jose Ramiro Garza Cantu sued defendant Billy R. Flanigan for defamation, leading to a jury award of $38,000,000 in economic damages and $150,000,000 in non-economic damages. The Second Circuit Court of Appeals upheld the economic damages but remanded for an explanation regarding the non-economic damages' excessiveness. This court, applying New York law (N.Y. CPLR § 5501(c)), reviewed factors like Cantu's standing, the nature and circulation of the defamatory statements, and their injurious tendency. Despite the award being higher than precedents, the court affirmed the $150,000,000 non-economic damages, noting the severe economic losses, the egregious nature of Flanigan's attempted criminal extortion, and the proportionality to economic damages in similar cases.

DefamationEconomic DamagesNon-Economic DamagesJury AwardExcessiveness of DamagesNew York LawCPLR 5501(c)Second Circuit RemandReputation DamageMental Anguish
References
26
Case No. MISSING
Regular Panel Decision

Nelson v. 1683 UNICO, Inc.

An initial order from the Supreme Court, Bronx County, dated October 11, 1996, in a personal injury action, granted the defendant's motion to set aside a jury's damage award to the plaintiff for past and future lost wages, and pain and suffering. The appellate court modified this order, vacating the awards for past and future lost wages and remanding for a new trial on these issues, unless the plaintiff accepted a stipulated reduction. The court found the plaintiff's non-union job documentation insufficient but accepted proof for union jobs in calculating the revised lost wage figures. Awards for past and future pain and suffering were upheld, with the court noting that subsequent medical malpractice was a foreseeable consequence of the defendant's initial negligence in maintaining the stairwell where the plaintiff fell.

Personal InjuryDamagesLost WagesPain and SufferingJury AwardAppellate ReviewStipulationNegligenceMedical MalpracticeForeseeability
References
3
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 2014-1124 K C
Regular Panel Decision
Jul 21, 2017

Natural Therapy Acupuncture, P.C. v. Nationwide Ins.

The Appellate Term, Second Department, affirmed an order of the Civil Court of the City of New York, Kings County, which had granted summary judgment to Nationwide Ins. The case involved Natural Therapy Acupuncture, P.C.'s action to recover assigned first-party no-fault benefits. Nationwide Ins. successfully argued that it properly reimbursed the plaintiff for acupuncture services using the workers' compensation fee schedule applicable to chiropractors providing similar services. The appellate court found sufficient proof of timely mailing of claim denials and full payment according to the fee schedule. A new contention raised by the plaintiff for the first time on appeal was not considered by the court.

no-fault insuranceacupuncture servicesworkers' compensation fee schedulesummary judgmentappellate reviewclaim denialtimely mailingreimbursementmedical servicesfirst-party benefits
References
4
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