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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
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. 2025 NY Slip Op 02445 [237 AD3d 1500]
Regular Panel Decision
Apr 25, 2025

Matter of Cooper (Roswell Park Comprehensive Cancer Ctr.)

This case involves an appeal from an order that vacated an arbitration award concerning the termination of a registered nurse, Wendy Cooper, from Roswell Park Comprehensive Cancer Center. Cooper was terminated for failing to comply with a COVID-19 vaccine mandate, which was later declared null and void in an unrelated case. The arbitrator, however, upheld Cooper's termination based on the collective bargaining agreement. The Supreme Court vacated the arbitration award, reinstating Cooper, finding it irrational and against public policy. The Appellate Division reversed the Supreme Court's order, confirming the arbitration award. It held that the Supreme Court erred in vacating the award, as petitioners failed to prove it violated a strong public policy or was irrational under CPLR 7511 (b), reaffirming the limited scope of judicial review for arbitration awards.

Arbitration AwardVacaturPublic PolicyIrrationalityCOVID-19 Vaccine MandateEmployment TerminationCollective Bargaining AgreementCPLR Article 75Appellate ReviewJudicial Review Limitation
References
9
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. MISSING
Regular Panel Decision

Nembhard v. Memorial Sloan-Kettering Cancer Center

Plaintiff Inez Nembhard sued Memorial Sloan-Kettering Cancer Center for age and race discrimination. A jury found for Nembhard on age discrimination, awarding $110,000 back pay, and found for Memorial on race discrimination. Memorial moved for judgment as a matter of law or a new trial, alleging insufficient evidence, but the court denied these motions. The court found sufficient evidence of pretext, disproportionate punishment, and overtly discriminatory statements supporting the age discrimination verdict. Nembhard's motion for attorney fees and costs was granted, awarding her $100,893.75 in fees and $6,880.64 in costs.

Age DiscriminationEmployment DiscriminationJury VerdictPost-Trial MotionsAttorney Fees and CostsBack Pay AwardLiquidated DamagesPretextual FiringWillful DiscriminationFederal Rules of Civil Procedure
References
28
Case No. MISSING
Regular Panel Decision
Jan 05, 2007

Cohen v. Memorial Sloan-Kettering Cancer Center

Edward Cohen, an electrical subcontractor, was injured while installing metal racks in a ceiling at defendant Memorial Sloan-Kettering Cancer Center, where HRH Construction was the construction manager. He fell from a six-foot A-frame ladder because a metal rod protruded, blocking the first rung and forcing him to step directly from the second rung to the floor, where his left foot got caught, twisting his knee. The court found that the provided ladder, though not inherently defective, was inadequate for the specific task location as it did not allow for safe descent, violating Labor Law § 240 (1). The court held that defendants had an obligation to provide a safety device appropriate to the task, and the provided ladder was insufficient to permit safe performance of the elevated task at that particular part of the work site. The motion court's denial of summary judgment for the plaintiffs on their Labor Law § 240 (1) claim was overturned, and their cross-motion for summary judgment was granted. The dismissal of the cause of action under Labor Law § 241 (6) was affirmed.

Workers' CompensationLadder SafetyElevation RiskAbsolute LiabilitySummary JudgmentConstruction SiteSafety DevicesNegligenceProximate CauseLabor Law 240(1)
References
10
Case No. 2021 NY Slip Op 02756 [194 AD3d 421]
Regular Panel Decision
May 04, 2021

Mullins v. Center Line Studios, Inc.

This case involves an appeal concerning an order from the Supreme Court, New York County, regarding claims under Labor Law §§ 240 (1) and 200, and common-law negligence. The Appellate Division, First Department, modified the earlier order. It ruled that Center Line Studios, Inc. was entitled to summary judgment dismissing the Labor Law §§ 240 (1) and 200 claims because it was not a statutory agent and lacked supervisory control over the plaintiff's work. Additionally, NYC Production Core LLC's motion for summary judgment was granted, dismissing the complaint and cross-claims against it, with the exception of contractual indemnification claims, as it was identified as the plaintiff's special employer. A triable issue of fact was found to exist regarding Center Line Studios, Inc.'s potential common-law negligence in creating or exacerbating a dangerous condition.

Labor Law §§ 240(1)Labor Law §§ 200Common-Law NegligenceSummary JudgmentStatutory AgentSpecial Employer DoctrineContractual IndemnificationConstruction AccidentLadder Fall InjuryPremises Liability
References
12
Case No. MISSING
Regular Panel Decision

Randi A.J. v. Long Island Surgi-Center

The dissenting opinion by Justice Krausman argues against the imposition of punitive damages on Long Island Surgi-Center for a negligent breach of patient confidentiality. The plaintiff's abortion information was accidentally disclosed to her parents, causing emotional distress. Justice Krausman contends that while the center's conduct involved negligence, it did not meet the high threshold of moral culpability, malice, or conscious disregard required for punitive damages, especially since the actions were motivated by health concerns and not malicious intent. The opinion distinguishes this case from others involving gross negligence or intentional wrongdoing. Furthermore, the New York State Department of Health has already investigated and mandated corrective actions for the center, making additional punitive measures unnecessary for deterrence. Therefore, Krausman advocates for modifying the judgment to eliminate the punitive damages award.

Punitive DamagesMedical ConfidentialityBreach of PrivacyAbortionNegligenceEmotional DistressAppellate DecisionSuffolk CountyDissenting OpinionTort Law
References
14
Case No. MISSING
Regular Panel Decision

Scott Ex Rel. Norris v. Barnhart

This case involves Mary Scott, on behalf of Robert Norris, appealing the Commissioner of Social Security's final determination that Robert Norris was not disabled. The case has a long and troubled history, having been remanded by district courts on three previous occasions due to defects in administrative hearings. The current District Judge, David G. Larimer, is again remanding the case, finding legal errors in the ALJ's decision. Specifically, the ALJ erred in adopting findings from reversed decisions, failing to follow Appeals Council directives, and making findings not supported by substantial evidence regarding Norris's ability to engage in substantial gainful activity and perform other work. Despite the lengthy delay and repeated errors by the Commissioner, the court remands for further expedited proceedings, rather than granting benefits, consistent with Second Circuit precedent.

Social Security DisabilityRemand OrderAdministrative Law Judge ErrorResidual Functional CapacityTreating Physician RuleSubstantial Gainful ActivityVocational Expert TestimonyJudicial ReviewAppeals Council DirectivesMedical Evidence Evaluation
References
22
Case No. ADJ3623428 (MON 0334798) ADJ1196230 (MON 0334799)
Regular
Feb 08, 2010

FREDERICK DOMINGUE vs. CEDAR SINAI MEDICAL CENTER

Defendant Cedar Sinai Medical Center sought reconsideration of an approved Compromise and Release (C&R) for $99,000, settling applicant Frederick Domingue's claims for various injuries, including psyche, respiratory, and cancer. Defendant argued CMS approval was a condition precedent, applicant failed to disclose terminal brain cancer, and the WCJ abused discretion due to applicant's death post-execution but pre-approval. The Appeals Board denied reconsideration, finding no evidence CMS approval was required given the C&R's terms and CMS guidelines, and that the WCAB has discretion to approve a C&R even after an applicant's death. Furthermore, the Board found no sufficient evidence of nondisclosure of a separate terminal brain cancer condition.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseMedicare Set AsideCMS approvalcondition precedentindustrial injurypsycherespiratory systemspine
References
13
Case No. MISSING
Regular Panel Decision

Boodram v. Brooklyn Developmental Center

Plaintiff Indra Boodram sued her employer, Brooklyn Developmental Center, for sexual harassment, alleging a hostile work environment. A jury found in her favor, awarding $798,000 in damages. The court had previously dismissed a co-worker, Joseph Adiego, from the suit. The Brooklyn Developmental Center moved to set aside the verdict. The court largely affirmed the jury's findings on hostile work environment and most damage awards. However, it conditionally granted a new trial on damages, reducing the future lost earnings award from $392,000 to $350,000, contingent on the plaintiff's acceptance.

Hostile Work EnvironmentSexual HarassmentHuman Rights LawExecutive Law § 296Jury Verdict ReviewDamages AssessmentEmotional DistressLost EarningsPost-Traumatic Stress DisorderPsychiatric Expert Testimony
References
84
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