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

Case No. 2024 NY Slip Op 04584 [232 AD3d 209]
Regular Panel Decision
Sep 25, 2024

Snyder v. AFCO Avports Mgt., LLC

This case concerns a trip-and-fall accident at Stewart International Airport, where plaintiff Kathy Snyder sustained injuries due to an alleged sidewalk defect. Defendants AFCO Avports Management, LLC, and Port Authority of New York & New Jersey moved for summary judgment, asserting the defect was trivial as a matter of law. The Appellate Division, Second Department, addressed key questions regarding the requirement of objective measurements for triviality, the examination of photographic evidence, and the admissibility of human factors expert opinions lacking such measurements. The court held that objective measurements are not a per se requirement, but defendants in this instance failed to meet their prima facie burden. The human factors expert's opinion was deemed conclusory and speculative due to the absence of objective measurements or a reasonably inferable estimate of the defect. Consequently, the lower court's order granting summary judgment to the defendants was reversed, and the motion was denied.

Trip and fallSidewalk defectSummary judgment appealTrivial defect doctrinePhotographic evidenceObjective measurementsHuman factors expert testimonyExpert opinion admissibilityPrima facie burdenAppellate review
References
35
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
2
Case No. MISSING
Regular Panel Decision

Matter of Kessler

William B. Kessler, Inc. (Kessler), a clothing manufacturer, filed for Chapter 11 bankruptcy. Kessler was party to collective bargaining agreements requiring contributions to a Multi-employer Pension Plan (MPP). Upon cessation of operations, a withdrawal liability became due to the Amalgamated Clothing and Textile Workers Union ('the Union'). The Union filed several claims for this withdrawal liability, seeking administrative priority status. Kessler objected, arguing that the withdrawal liability was based on pre-petition services and did not qualify as an administrative expense under Bankruptcy Code § 507(a)(1). The court sustained Kessler's objection, expunging duplicative claims and reclassifying the remaining withdrawal liability claim as a general unsecured claim, concluding it was not entitled to administrative status.

BankruptcyChapter 11Collective Bargaining AgreementMulti-employer Pension PlanMPPAWithdrawal LiabilityAdministrative ExpensesPriority ClaimsUnsecured ClaimsSeverance Pay
References
7
Case No. MISSING
Regular Panel Decision

In Re Lowe

This is a Chapter 7 bankruptcy case involving a Trustee's objection to the Debtor's claim of exemption for accrued funds from a General Motors-United Auto Workers profit-sharing plan. The central legal question was whether these funds qualify for exemption under New York's "opt-out" exemption statutes, specifically Debtor and Creditor Law § 282 or CPLR § 5205(c), or as a spendthrift trust under federal bankruptcy law. The Debtor presented six arguments, including claims of express statutory exemption, exclusion from the bankruptcy estate, and a cash exemption, along with arguments based on the de minimis amount and equitable considerations. The Court meticulously analyzed New York's convoluted exemption schema and ultimately rejected each of the Debtor's proposed arguments, emphasizing that exemptions must be statutory and cannot be created by the court. Consequently, the Court sustained the Trustee's objection, ordering the Debtor to turn over the profit-sharing funds to the Trustee.

BankruptcyExemption LawProfit Sharing PlanChapter 7Debtor and Creditor LawSpendthrift TrustERISAStatutory InterpretationTrustee ObjectionNew York Exemption Law
References
8
Case No. MISSING
Regular Panel Decision

In Re Episode USA, Inc.

Episode USA, Inc., a debtor in chapter 11 bankruptcy, guaranteed a non-debtor affiliate's lease. The affiliate defaulted, leading the landlord, L.H. Charney Associates, to file a claim against Episode. Episode objected to the claim, seeking to cap the unsecured portion under § 502(b)(6) of the Bankruptcy Code and expunge the administrative priority claim. The court sustained Episode's objection, ruling that the § 502(b)(6) cap applies to debtor-guarantors and that the administrative priority claim was not justified as Episode received no benefit from the lease. However, the court rejected Episode's argument for a reduction of the unsecured claim based on mitigation, citing New York law.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability
References
34
Case No. MISSING
Regular Panel Decision

Pereira v. Young (In Re Young)

This memorandum decision from the U.S. Bankruptcy Court for the Eastern District of New York addresses an adversary proceeding where John S. Pereira, the Chapter 7 trustee, sought to deny the debtor, Ginger Young, a discharge in bankruptcy. The Trustee raised objections under three sections of the Bankruptcy Code, alleging the debtor failed to keep adequate records, knowingly withheld information, and could not satisfactorily explain the loss of assets totaling approximately $140,000 from a property sale and IRA/pension withdrawals. Judge Elizabeth S. Stong considered the debtor's defense of being a victim of severe domestic and financial abuse, supported by expert testimony from Laura Boyd, MSW. The court found the debtor's explanation credible and justified her inability to produce complete financial records and account for the asset disposition due to the traumatic circumstances. Consequently, all of the Trustee's objections to the Debtor's discharge were denied.

BankruptcyChapter 7Debtor DischargeTrustee ObjectionsDomestic AbuseFinancial AbuseRecord KeepingAsset DispositionJustificationCredibility
References
46
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. VNO 537574
Regular
Aug 18, 2008

## CARMEN BAPRAWSKI, vs. ## LOS ANGELES CITY COLLEGE; SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATION,

This case involves applicant Carmen Baprawski's claim for workers' compensation benefits due to stress and harassment sustained during her employment as a counselor. The administrative law judge dismissed the case without prejudice for failure to object to a Notice of Intention to Dismiss. The Workers' Compensation Appeals Board granted reconsideration, rescinding the dismissal order. The Board emphasized the legal policy favoring hearings on the merits and returned the case to the trial level. The WCJ is directed to treat the reconsideration petition as a timely objection and hold an evidentiary hearing on dismissal, considering factors like the applicant's capacity to sit for deposition.

Workers' Compensation Appeals BoardReconsiderationOrder of DismissalApplication for Adjudication of ClaimCumulative InjuryStress and HarassmentNotice of Intention to DismissGood CauseHearing on the MeritsEvidentiary Hearing
References
1
Case No. MISSING
Regular Panel Decision

Piotrowski v. McGuire Manor, Inc.

Whalen, J., in this dissenting opinion, argues against the majority's decision to reverse a judgment and order a new trial. The dissent contends that the defendant failed to preserve its objection to the jury charge concerning sole proximate cause, specifically regarding the recalcitrant worker defense or an expanded sole proximate cause instruction. Whalen emphasizes that discussions about the verdict sheet do not preserve objections to jury instructions, citing CPLR 4110-b and established case law. Furthermore, the dissenting judge asserts that the jury charge provided (PJI 2:217) was adequate for the sole proximate cause defense and allowed the jury to consider whether the plaintiff's actions were the only substantial factor in causing the injury. The jury's subsequent apportionment of 60% responsibility to the plaintiff also indicated that they did not find the plaintiff to be the sole proximate cause of the accident. Therefore, Whalen would affirm the original judgment, concluding that the issue of the jury charge was not preserved for review.

Jury ChargeSole Proximate CauseRecalcitrant WorkerCPLR 4110-bAppellate ReviewPreservation of ErrorVerdict SheetEvidentiary RulingLabor LawDissenting Opinion
References
11
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