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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

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. MISSING
Regular Panel Decision

Lockwood v. City of Yonkers

The petitioner, a firefighter named Garret Lockwood, was injured during a training exercise for the City of Yonkers Fire Department in 2014, falling from a second-story window after a harness failed. His initial motion to file a late notice of claim was denied in 2014, as the court ruled his General Municipal Law § 207-a disability benefits were his exclusive remedy. Lockwood moved to renew his motion based on a 2016 Court of Appeals decision, Matter of Diegelman v City of Buffalo, which changed the law regarding exclusive remedies. The court granted the renewal, finding it timely and the change in law applicable to the petitioner's situation. Subsequently, the court also granted the motion for leave to file a late notice of claim, citing the respondent's actual knowledge of the incident and lack of prejudice due to the delay, despite the petitioner's lack of a reasonable excuse.

Personal InjuryFirefighter InjuryLate Notice of ClaimGeneral Municipal LawWorkers' Compensation BenefitsExclusive Remedy DoctrineMotion to RenewChange in LawDisability BenefitsNegligence
References
23
Case No. MISSING
Regular Panel Decision

Colarossi v. City of New York

The Supreme Court, New York County, initially granted the plaintiff's motion for leave to serve a late notice of claim. However, this decision was unanimously reversed on appeal, and the motion was subsequently denied. The appellate court determined that the plaintiff's reliance on law office failure did not constitute a reasonable excuse for the delay in serving the notice of claim. Additionally, the plaintiff failed to establish that the City had actual notice of the essential facts within the mandated 90-day period or a reasonable time thereafter, as a Workers’ Compensation Board C-3 form provided by the employer did not link the incident to any claim against the City. Furthermore, the court noted that the plaintiff did not demonstrate that the City remained unprejudiced by the significant delay, particularly given the transitory nature of the alleged defective condition.

Late Notice of ClaimLaw Office FailureActual NoticePrejudiceWorkers' Compensation Board FormC-3 FormMunicipal LiabilityAppellate ReviewDiscretionary RulingReversal
References
5
Case No. MISSING
Regular Panel Decision

McLaurin v. New Rochelle Police Officers

Plaintiff Charles B. MeLaurin filed a pro se action under 42 U.S.C. § 1983 against numerous New Rochelle police officers and city officials, including Peter Kornas, Louis Falcone, Brian Fagan, David Lornegan, Edward Martinez, Dominic Procopio, Mayor Timothy Idoni, and the City of New Rochelle. MeLaurin alleged constitutional rights violations stemming from two arrests: one for assault on August 6, 2001, and another for criminal contempt on September 28, 2002. Defendants moved for judgment on the pleadings, asserting qualified immunity and failure to state a claim. The court granted dismissal with prejudice for most defendants, finding their actions objectively reasonable or lacking personal involvement, or due to plaintiff's failure to state a claim or comply with state law. Claims against Officers Lynch, Lore, Conca, Al-Fattaah, Kamau, and Navarette were dismissed without prejudice for lack of personal involvement. Officer Dina Lynn Moretti's motion was converted to one for summary judgment, giving the plaintiff 45 days to provide evidence regarding probable cause for the second arrest. State law claims were also dismissed due to non-compliance with New York General Municipal Law notice-of-claim requirements.

Excessive ForceFalse ArrestMalicious ProsecutionQualified ImmunityPro Se LitigationMunicipal LiabilityMonell ClaimFederal Rules of Civil Procedure 12(c)Federal Rules of Civil Procedure 56Civil Rights Violation
References
59
Case No. ADJ7144166
Regular

PAULINA CORTEZ vs. KOOSHAREM CORP. dba SELECT STAFFING, ACE AMERICAN RISK COMPANY, C/O ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding it was not a final order. The WCAB granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its representatives. This action stems from the lien claimant's failure to appear at a properly noticed conference, misrepresentations regarding notice, and violations of procedural rules, constituting bad-faith tactics. Sanctions of $1,000 are proposed jointly and severally against the lien claimant and its representatives for these violations.

Labor Code 5813Rule 10561Petition for ReconsiderationNotice of Intention to DismissRemovalSanctionsBad Faith ActionsFrivolous TacticsLien ClaimantUnnecessary Delay
References
0
Case No. MISSING
Regular Panel Decision

Crawford v. Ehrlich

The court reversed an order denying a motion to vacate a notice of examination before trial, subsequently granting the motion. The examination sought information regarding $2,700 in U.S. Bonds and a $1,000 insurance policy, both payable or assigned to the executrix individually. The court found that the objectant had no legal interest in these assets as they were payable to a stated beneficiary and individually assigned to the executrix. Furthermore, the objectant was not a creditor, precluding examination under the Debtor and Creditor Law. Therefore, it was deemed an improvident exercise of discretion to permit the examination given the objectant's lack of a possible legal interest.

Motion to vacateNotice of examination before trialU.S. Bonds Series EInsurance policyDecedent's estateExecutrixObjectantDebtor and Creditor LawLegal interestDiscretionary power
References
1
Case No. MISSING
Regular Panel Decision
Oct 18, 1990

Skelton v. City of New York

The petitioner, a dietary aide employed by the New York City Health and Hospitals Corporation (HHC) at North Central Bronx Hospital (NCB), sought leave to file a late notice of claim after an alleged slip and fall injury in the locker room. The Supreme Court, Bronx County, denied the petitioner's motion. The appellate court unanimously affirmed this denial, ruling that the City of New York, a named defendant, had no control over HHC, which is a separate and distinct statutory entity. Therefore, the City could not be deemed to have actual notice of the accident through workers' compensation claim forms supplied to HHC.

Late Notice of ClaimGeneral Municipal LawNew York City Health and Hospitals CorporationGovernmental ImmunitySeparate Legal EntityWorkers' Compensation ClaimSlip and FallBronx County Supreme CourtAppellate DivisionActual Notice
References
2
Case No. MISSING
Regular Panel Decision

Galvin v. National Biscuit Co.

This is an appeal from an order denying the defendant's motion to vacate a notice of examination before trial. The court unanimously affirmed the order, with twenty dollars in costs and disbursements. The decision explicitly states "No opinion" on the merits of the case. The date for the examination to proceed is to be determined and fixed in a subsequent order. This order will be settled on notice.

Examination Before TrialMotion to VacateOrder AffirmedCosts and DisbursementsPre-trial Discovery
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Micamold Radio Corp. & Local 430, United Electrical, Radio & Machine Workers of America, C. I. O.

This case involves an appeal concerning a motion to stay arbitration and to vacate a notice of intention to arbitrate. The order denying the motion was affirmed. The decision was made by a panel of judges including Close, P.J., Carswell, Adel, Lewis, and Aldrich. The affirmation was accompanied by an award of $10 costs and disbursements. No detailed opinion was provided for this decision.

arbitrationappealmotion to stayvacate noticeorder affirmedcosts and disbursements
References
1
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