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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

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. MISSING
Regular Panel Decision

Zito v. Occidental Chemical Corp.

Plaintiff, a laborer employed by International Technology Corporation (ITC), suffered injuries after slipping on grease at a landfill owned by Occidental Chemical Corporation (Occidental) while reporting for work. The plaintiff initiated an action against Occidental, citing violations of Labor Law §§ 200 and 241 (6). Occidental, in turn, filed a third-party action against ITC for contractual indemnification and insurance. The Supreme Court denied ITC's motion for summary judgment and granted Occidental's cross-motion, a decision that was unanimously affirmed on appeal. The appellate court clarified that the accident site constituted a 'worksite' under the Labor Law and that the agreement obligating ITC to procure insurance for Occidental was enforceable despite General Obligations Law § 5-322.1.

Labor Law ViolationWorksite DefinitionSlip and Fall InjuryContractual IndemnificationThird-Party LiabilitySummary Judgment MotionGeneral Obligations LawInsurance Coverage DisputeAppellate AffirmationConstruction Site Accident
References
5
Case No. 96-CV-3879, 96-CV-6310
Regular Panel Decision

Schuloff v. Queens College Foundation, Inc.

Plaintiff Anita Schuloff filed two separate lawsuits against Queens College Foundation, Inc. and Brooklyn College Foundation, Inc., which were consolidated due to identical legal issues. Schuloff alleged violations of 26 U.S.C. § 6104 for the defendants' failure to promptly provide federal tax returns for public inspection, along with claims under 42 U.S.C. § 1983 and New York Freedom of Information Law. The defendants moved to dismiss the complaints under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court granted the motions to dismiss under Rule 12(b)(6), ruling that 26 U.S.C. § 6104 does not create a private cause of action, thus precluding the related § 1983 claims. Consequently, the Court declined supplemental jurisdiction over the state law claims, dismissing both complaints in their entirety.

Private Cause of ActionTax-Exempt Organizations26 U.S.C. § 610442 U.S.C. § 1983Rule 12(b)(6)Motion to DismissFederal JurisdictionStatutory InterpretationLegislative HistorySupplemental Jurisdiction
References
28
Case No. MISSING
Regular Panel Decision

Figueroa v. Manhattanville College

The plaintiff Charles Figueroa suffered serious injuries after falling 35 to 40 feet from a ladder at Manhattanville College. He and his wife sued Manhattanville College, alleging a violation of Labor Law § 240 (1). The college subsequently initiated a third-party action against Figueroa's employer. The plaintiffs moved for partial summary judgment on liability, providing evidence of safety regulation violations and lack of safety equipment. The Supreme Court denied their motion, citing an issue of fact regarding whether Figueroa fell from the ladder or the roof. The appellate court reversed the Supreme Court's order, granting the plaintiffs' motion for partial summary judgment on liability, finding that the defendant's opposition was based on mere speculation regarding the fall's location. The case was remitted for further proceedings.

Personal InjuryLadder FallLabor LawAbsolute LiabilitySummary JudgmentAppellate ReviewWorkplace AccidentSafety RegulationsPremises LiabilityNew York Law
References
8
Case No. ADJ8171717
Regular
Oct 09, 2014

ANOUSH MASSIHI vs. OCCIDENTAL COLLEGE, SEABRIGHT INSURANCE COMPANY

This case involves Anoush Massihi's workers' compensation claim against Occidental College and Seabright Insurance Company for continuous trauma injuries. The Defendants petitioned for reconsideration, challenging the Workers' Compensation Judge's (WCJ) reliance on Dr. Sobel's medical opinions, findings on wages and concurrent employment, apportionment, and the employer's Medical Provider Network status. The WCJ's report recommended denying reconsideration, finding that the WCJ properly exercised discretion in weighing medical evidence and that issues of wages and concurrent employment were waived. The WCJ also found sufficient basis for apportionment and that the MPN issue was irrelevant to the decision. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the petition for reconsideration.

Workers' Compensation Appeals BoardOccidental CollegeSeabright Insurance CompanyPetition for ReconsiderationWCJ ReportAnoush MassihiContinuous Trauma InjuryDr. Philip SobelQualified Medical ExaminerPQME
References
0
Case No. MISSING
Regular Panel Decision
Oct 02, 2003

Kerins v. Vassar College

This case involves an action for personal injuries sustained by the plaintiff, an employee of Swiss Electric Enterprises, Inc., at Vassar College. The plaintiff was injured when a broken glass pane in a double door slammed shut at a construction site where Kirchhoff Construction Management, Inc. was the general contractor. A jury found both Vassar College and Kirchhoff Construction Management, Inc. liable for violations of Labor Law § 200 and common-law negligence. The trial court initially set aside the verdict against Kirchhoff, but the appellate court modified this decision, reinstating the jury's verdict against Kirchhoff. The appellate court affirmed the trial court's denial of Vassar College's motion to set aside the verdict, concluding that sufficient evidence supported the jury's findings of liability against both defendants due to their actual or constructive notice of the dangerous condition.

Personal InjuryLabor Law § 200Common-Law NegligenceConstruction AccidentPremises LiabilityJury VerdictAppellate ReviewCPLR 4404(a)Directed VerdictWeight of Evidence
References
9
Case No. MISSING
Regular Panel Decision
Feb 01, 2002

Storms v. Dominican College of Blauvelt

The plaintiff, a laborer employed by Schaeffer Construction Co., fell 25 feet while dismantling scaffolding at a residence hall construction site for Dominican College of Blauvelt. The plaintiff asserted claims of negligence and Labor Law violations against Dominican College of Blauvelt and the general contractor, Fred L. Holt, Inc. The Supreme Court denied Holt's cross motion for summary judgment dismissing the complaint due to unresolved factual issues regarding proximate cause and safety measures. Holt's claim for indemnification against Schaeffer was also denied based on Workers’ Compensation Law § 11 and the anti-subrogation rule. However, Dominican College of Blauvelt was granted summary judgment on its common-law and contractual indemnification claims against both Holt and Schaeffer, as there was no evidence Dominican directed or controlled the work's safety. Additionally, certain appeals by Holt and Schaeffer were dismissed.

Personal InjuryScaffolding AccidentLabor Law ViolationsIndemnificationSummary JudgmentSubcontractor LiabilityGeneral Contractor LiabilityWorkers' Compensation LawAnti-Subrogation RuleAppellate Division
References
8
Case No. 2015 NY Slip Op 05466 [129 AD3d 1058]
Regular Panel Decision
Jun 24, 2015

Torres v. St. Francis College

Oscar Torres, a janitor, sustained personal injuries after falling from a ladder while cleaning a basketball backboard at St. Francis College. He, along with his wife, brought an action against St. Francis College alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted summary judgment to the defendant, dismissing these causes of action. The Appellate Division, Second Department, affirmed the judgment, finding that the injured plaintiff's work constituted routine maintenance not covered by Labor Law § 240 (1). The court also found no evidence that the defendant created or had notice of a dangerous condition, or had the authority to supervise the plaintiff's work methods, thus dismissing claims under Labor Law § 200 and common-law negligence.

Personal InjuryLabor LawWorkplace SafetySummary JudgmentAppellate ReviewRoutine MaintenanceElevation RisksCommon-Law NegligenceLadder FallPremises Liability
References
17
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
Case No. MISSING
Regular Panel Decision

Wieszchowski v. Skidmore College

This litigation stems from an accident on July 18, 1986, where plaintiff David P. Wieszchowski fell through a skylight during construction at Skidmore College. Defendant MLB Industries, Inc. was the general contractor, and third-party defendant Martin E. Keller Roofing Company, Inc. was the subcontractor and plaintiff's employer. Plaintiffs sought partial summary judgment on liability under Labor Law § 240 (1), which was granted by the Supreme Court, along with motions for indemnification. On appeal, the court affirmed the lower court's decision, finding that the absence of safety devices guarding the skylight constituted a violation of Labor Law § 240 (1) as a matter of law, establishing absolute liability regardless of potential contributory negligence. The court also upheld MLB's contractual indemnification claim against Keller.

Labor LawAbsolute LiabilityConstruction AccidentSkylight FallSummary JudgmentIndemnificationGeneral Contractor LiabilityProperty Owner LiabilitySubcontractor LiabilityProximate Cause
References
4
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