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

Case No. 2025 NY Slip Op 05207
Regular Panel Decision
Sep 30, 2025

Smith v. Global Contact Holding Co., Inc.

The Appellate Division, First Department, unanimously affirmed an order from the Supreme Court, New York County. The Supreme Court order had granted the defendants' motion to compel nonparty appellant Transport Workers Union, Local 100's compliance with a subpoena duces tecum. The union argued improper service of the motion, relying on a statutory provision no longer in effect. The court found that the union had waived its objection to personal jurisdiction by failing to object to jurisdiction in response to a prior motion to compel, despite its counsel receiving the subpoena. Furthermore, the union failed to demonstrate that the motion to compel constituted harassment or annoyance, as it sought compliance with a prior order to turn over relevant documents. A separate motion by defendants for Sandra Lennon to withdraw her appeal was granted.

Appellate DivisionSubpoena Duces TecumMotion to CompelPersonal JurisdictionWaiver of ObjectionCivil ProcedureNonparty AppellantUnion DocumentsDiscovery DisputeJudiciary Law
References
6
Case No. 2017 NY Slip Op 05446 [152 AD3d 530]
Regular Panel Decision
Jul 05, 2017

Matter of Transit Workers Union, Local 100 v. New York City Tr. Auth.

The Appellate Division, Second Department, affirmed a Supreme Court judgment that denied the petition of Transit Workers Union, Local 100, and nonparty Victor Martinez to vacate an arbitration award. The arbitration award upheld the termination of Victor Martinez's employment as a bus driver by the New York City Transit Authority due to an incident. The court found that the arbitration award was rational, supported by evidence, and did not violate strong public policy or exceed the arbitrator's power. The penalty of termination was also deemed not irrational.

Arbitration AwardEmployment TerminationCollective Bargaining AgreementJudicial ReviewAppellate ReviewCPLR Article 75Arbitrator's PowerPublic PolicyBus Driver MisconductRationality Standard
References
7
Case No. 2017 NY Slip Op 07967 [155 AD3d 471]
Regular Panel Decision
Nov 14, 2017

Tishman Construction Corp. v. United Hispanic Construction Workers, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which found United Hispanic Construction Workers, Inc. (UHCW) and nonparty David Rodriguez guilty of civil contempt. The contempt finding was due to their failure to adhere to a previously negotiated stipulation and court order entered on May 22, 2012, which outlined conditions for protests held by UHCW. As a result, UHCW was fined $1,000, Rodriguez $500, and attorney fees, costs, and disbursements were awarded. The court affirmed that the appellants clearly disobeyed an unequivocal mandate, thereby prejudicing the plaintiffs' business operations. Furthermore, the court properly exercised jurisdiction over David Rodriguez, president of UHCW, despite him not being personally served, given his active involvement in negotiating the stipulation and his personal violations of the court's mandates.

Civil ContemptStipulation ViolationCourt Order DisobedienceAppellate AffirmationJurisdiction over NonpartyCorporate Officer LiabilityFines and PenaltiesAttorney Fees AwardPrejudice to BusinessProtest Conditions
References
3
Case No. 2016 NY Slip Op 05331
Regular Panel Decision
Jul 05, 2016

People v. Bonie

This case involves an appeal by nonparty News 12 The Bronx, L.L.C., and its representative Dina Sforza, against an order compelling compliance with a subpoena for unaired video footage. The People sought the footage from an interview with defendant Nasean Bonie, who was indicted for the murder of Ramona Moore. The Supreme Court, Bronx County, initially granted the People's motion to compel, directing an in camera review and denying News 12's cross-motion to quash the subpoena. The Appellate Division, First Department, modified this order. It directed disclosure only of specific portions of the video footage where Bonie discusses killing the victim or their relationship, finding that the People met the necessary showing under New York's Shield Law for these parts, and otherwise affirmed the lower court's decision. The court clarified that the trial judge need not issue further findings.

Subpoena enforcementJournalistic privilegeShield LawNonconfidential materialIn camera reviewCircumstantial evidenceMurder indictmentVideo footageAppellate reviewFreedom of the press
References
7
Case No. 2025 NYSlipOp 07376
Regular Panel Decision
Dec 31, 2025

DeCastro v. Capone

Nonparty Michael Gillin appealed an order from the Supreme Court, Suffolk County, which denied his motion to quash a judicial subpoena duces tecum and for a protective order. The underlying case is a medical malpractice action initiated by Manuel DeCastro against David Capone and others, related to treatment at Stony Brook Southampton Hospital. Gillin, as Director of Information Services at the hospital, provided an affidavit regarding electronic medical records in a related Court of Claims action. The defendants then served a subpoena duces tecum on Gillin for emails related to his affidavit, which Gillin sought to quash, asserting attorney-client privilege with the Office of the Attorney General. The Appellate Division affirmed the denial, ruling that Gillin failed to establish an attorney-client relationship, partly because his employment agreement with StaffCo of Brooklyn, LLC, stated he was not considered a SUNY employee for most purposes, thereby not establishing a relationship with the OAG representing SUNY.

Medical MalpracticeJudicial EstoppelAttorney-Client PrivilegeSubpoena Duces TecumEmployer-Employee RelationshipProfessional Employer Organization (PEO)Information ServicesElectronic Medical RecordsAffidavitCourt of Claims
References
6
Case No. 2016 NY Slip Op 00596
Regular Panel Decision
Jan 28, 2016

Madison Realty Capital, L.P. v. Scarborough-St. James Corp.

The Appellate Division, First Department, affirmed a judgment confirming an arbitration award in favor of Madison Realty Capital, L.P. against Scarborough-St. James Corporation and others. The Supreme Court, New York County, had previously confirmed the award of $720,204.80 to the plaintiffs, denying the defendants' cross-motion to vacate or modify it. The arbitration award established Madison as the landlord of a shopping center, with annual rent payable to Madison instead of being used for a wraparound mortgage. The court found no basis to overturn the arbitrator's decision, stating it was not a 'totally irrational construction' of the contract and that the arbitrator did not exceed authority. Challenges to rent calculation were deemed unavailing, and a nonparty's intervention was denied due to lack of standing.

Arbitration AwardContract DisputeLandlord-TenantRent CalculationAppellate ReviewJudicial ReviewStandingCPLR 7511Pro SeWraparound Mortgage
References
5
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. MISSING
Regular Panel Decision
Jun 14, 2017

Matter of Condon v. Verdile

This case involves an appeal concerning child visitation rights between a father and maternal grandparents. The maternal grandparents and children appealed a Family Court order that granted the father's petition to eliminate the grandparents' visitation and denied the grandparents' petition to establish a visitation schedule. The Appellate Division found that while the deteriorating relationship between the father and grandparents constituted a change in circumstances, the Family Court's determination that resuming visitation was contrary to the children's best interests lacked a sound basis. Evidence showed the children had a close relationship with their grandparents and desired to resume visitation, and a social worker's opinion against visitation was deemed improvidently relied upon due to an incomplete assessment. Consequently, the Appellate Division reversed the Family Court's order, denied the father's petition, granted the maternal grandparents' petition, and remitted the matter for the establishment of an appropriate visitation schedule.

Custody modificationChild visitationGrandparent visitation rightsBest interests of the childChange in circumstancesFamily Court order appealAppellate DivisionParent-grandparent antagonismTherapist testimonyDutchess County
References
6
Case No. MISSING
Regular Panel Decision

United States v. Columbia Pictures Industries, Inc.

The US Department of Justice initiated an antitrust action against Columbia Pictures, MCA, Paramount Pictures, Twentieth Century-Fox, and Getty Oil Company for forming a joint venture called Premiere, alleging price-fixing and group boycott. Premiere sought to intervene as a defendant, a motion the court granted due to the recognition of its existential dependence on the lawsuit's outcome. Concurrently, nonparty witnesses objected to broad discovery demands made by the defendants. The court postponed the extensive nonparty discovery until after the preliminary injunction motion, citing the voluminous nature of the demands, the potential for undue delay, and the availability of sufficient alternative information.

AntitrustJoint VentureInterventionDiscoveryPreliminary InjunctionSherman ActPay TelevisionFilm IndustryGroup BoycottPrice-fixing
References
10
Case No. MISSING
Regular Panel Decision
Sep 28, 2000

DiCamillo v. County of Nassau

An unnamed plaintiff was injured during employment on premises leased by Nassau County. A jury initially found Nassau County negligent and awarded the plaintiff $544,000 in damages. Nassau County appealed, contending that the jury should have been allowed to consider the liability of a nonparty coemployee, Richard Ribarik, and apportion liability to him. The Appellate Division, Second Department, agreed, citing pre-1996 amendments to CPLR 1601 and 1602. The court clarified that Workers’ Compensation Law § 11 does not prevent considering a nonparty coemployee's culpability for apportionment purposes. Consequently, the judgment was reversed, and the case was remitted to the Supreme Court, Nassau County, for a new trial solely on the apportionment of liability between Nassau County and Richard Ribarik.

Personal InjuryApportionment of LiabilityNonparty LiabilityCPLR 1601CPLR 1602Workers' Compensation Law § 11Coemployee NegligenceProspective ApplicationJudgment ReversalRemand for New Trial
References
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