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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 06, 2014

In Re the Arbitration Between Delaney Group, Inc. & Holmgren Enterprises, Inc.

This case involves cross-appeals from a Supreme Court order concerning an arbitration dispute between a prime contractor (Petitioner) and a subcontractor (Respondent) on a public work project. Respondent initially sought additional payment via arbitration, leading to an award that included credits for Petitioner. After a request for clarification, the arbitrator issued a modified award removing these credits. Petitioner then sought to vacate both the original and modified awards, while Respondent sought to confirm the modified award. The Supreme Court vacated both arbitration awards and remanded the case for a rehearing, finding that the arbitrator exceeded authority in modifying the award and imperfectly executed powers in the original award by failing to address a key stipulation. The appellate court affirmed the Supreme Court's order, upholding the vacatur and remand of both arbitration awards.

ArbitrationContract DisputePublic Work ProjectSubcontractorPrime ContractorCross AppealsVacatur of AwardRemandArbitrator AuthorityCPLR 7511
References
7
Case No. MISSING
Regular Panel Decision

Bart v. Miller

This case involves an appeal from a Supreme Court order and judgment confirming an arbitration award. The appellate court dismissed the appeal from the intermediate order because the right of direct appeal terminated with the entry of judgment. The judgment itself was affirmed. The appellant's argument that the award violated strong public policy was unpreserved for appellate review. Furthermore, the Supreme Court properly determined that the arbitrators' award was not made in manifest disregard of the law or facts, as the appellant failed to identify any disregarded legal principle.

Arbitration AwardAppeal DismissedJudgment AffirmedPublic Policy ArgumentUnpreserved for ReviewManifest Disregard of LawCPLR Article 75Appellate ReviewNassau County Supreme CourtArbitrators' Award
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Thompson & S.L.T. Ready-Mix, Division of Torrington Industries, Inc.

This case concerns an appeal from a Supreme Court order confirming an arbitration award. The petitioner, an employee laid off during a winter slowdown, filed a grievance after workers with lower seniority were recalled. An arbitrator found the employer, the respondent, violated the collective bargaining agreement's seniority provisions and ordered the petitioner to be made whole. The Supreme Court confirmed this award. On appeal, the court affirmed the arbitrability of the dispute due to the respondent's waiver and upheld the arbitrator's authority. However, the appellate court found the damages portion of the award lacked specificity and required a rehearing before the arbitrator for a final determination of the amount. The court also denied the petitioner's claim for counsel fees.

Arbitration AwardCollective Bargaining AgreementSeniority Rights DisputeWaiver of ArbitrabilityArbitrator's AuthorityDamages AssessmentRemittal for ClarificationConfirmation of AwardVacation of AwardCounsel Fees Denied
References
7
Case No. MISSING
Regular Panel Decision
Mar 31, 2003

At & T Corp. v. Tyco Telecommunications (U.S.) Inc.

This order from District Judge Marrero confirms an arbitration award concerning a dispute between AT & T Corp. (as co-maintenance authority for TAT-10 submarine cable owners) and Tyco Telecommunications (U.S.) Inc. Tyco had previously admitted liability for severing the TAT-10 cable in 1998, leading to an arbitration panel awarding the Cable Owners $5,798,075.83 plus interest. Tyco sought to vacate this award, challenging the Panel's legal interpretations regarding a private cause of action under the Cable Convention, the common ownership doctrine, and the inclusion of annual restoration costs as damages. The Court reviewed Tyco's claims for legal error and insufficient discovery, applying a rigorous standard for disturbing arbitration awards. Ultimately, the judge rejected all of Tyco's arguments, finding no manifest disregard of the law or denial of fundamental fairness by the arbitration panel, and confirmed the award in its entirety.

ArbitrationSubmarine CableTelecommunicationsDamagesManifest Disregard of LawStandard of ReviewCable ConventionCable ActLoss of UseRestoration Costs
References
21
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. County of Steuben

CSEA appealed an order that denied confirmation of an arbitrator's award and granted the County's cross-petition to vacate it. The dispute stemmed from a public employment contract concerning mileage reimbursement between CSEA and the County. The County changed its mileage policy, prompting CSEA to file a grievance, arguing that a 'past practice' had effectively modified the contract's terms. The arbitrator agreed with CSEA, but the Special Term vacated the award, ruling that the contract's language on mileage reimbursement was clear and unambiguous, rendering any past practice irrelevant. The appellate court affirmed the Special Term's decision, concluding that the arbitrator exceeded his authority by relying on matters outside the explicit contractual agreement, thereby creating a new contract for the parties.

ArbitrationPublic Employment ContractMileage ReimbursementPast PracticeContract InterpretationArbitrator's PowerVacatur of AwardCPLR Article 75Collective Bargaining AgreementUnambiguous Contract Terms
References
6
Case No. MISSING
Regular Panel Decision

Aftor v. Geico Insurance

A petitioner, injured as a minor in an accident with an uninsured vehicle, sought arbitration with Geico Insurance Company under a supplementary uninsured/underinsured motorist (SUM) endorsement after securing a default judgment of $25,000 against the uninsured parties. The arbitrator awarded the petitioner $10,000. The petitioner then sought to vacate the arbitration award in Supreme Court, Kings County, arguing that Geico was obligated to pay the full $25,000 civil judgment. The Supreme Court granted the petition and vacated the award. On appeal, the higher court reversed the Supreme Court's order, denying the petition, and reinstating and confirming the $10,000 arbitration award, emphasizing the limited judicial review of arbitration awards unless specific grounds for vacatur (such as violating public policy or exceeding power) are met.

Arbitration LawInsurance LawUninsured MotoristSUM CoverageJudicial ReviewArbitration Award VacaturAppellate PracticeCivil ProcedureContract InterpretationBodily Injury Claim
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Klikocki & New York Department of Corrections

This appeal concerns the vacatur of an arbitration award. The petitioner sought to overturn the award, alleging that the respondent fraudulently destroyed a crucial key log that would have supported the petitioner's claim of a work-related injury. The arbitration stemmed from the petitioner's discharge for misconduct, specifically for filing a workers' compensation claim for an injury purportedly sustained at work but alleged by a former girlfriend to have occurred while playing frisbee. The court found insufficient clear and convincing evidence of fraud, noting the key log's destruction was part of a routine record disposal and not maliciously intended. Furthermore, the court deemed the log's probative value limited regarding the central issue of the injury's true origin. Consequently, the Supreme Court's order vacating the arbitration award was reversed, the petition dismissed, and the original arbitration award confirmed.

FraudArbitration AwardVacaturWorkers' Compensation ClaimEvidence DestructionCPLR 7511MisconductAppealDue DiligenceKey Log
References
2
Case No. MISSING
Regular Panel Decision
Jun 30, 1989

Lange v. Sartorius, Inc.

This case concerns an appeal from an order of the Supreme Court, New York County, which affirmed an arbitrators’ award in favor of the petitioner and denied the respondents’ cross-motion to vacate it. The dispute arose from the petitioner's termination of employment, which was submitted to arbitration as per their employment agreements. The arbitrators found that the respondents had not complied with the agreements and rendered a monetary award to the petitioner, considering his sudden departure. The appellate court upheld the lower court's decision, emphasizing that arbitration awards are given deference and are not subject to judicial review for merely erroneous factual findings unless completely irrational. Since the arbitrators' award was not irrational, the Supreme Court's order was affirmed.

Arbitration AwardConfirmation of AwardVacatur of AwardEmployment DisputeJudicial Review of ArbitrationDeference to ArbitratorsIrrational FindingsNew York LawFederal LawAppellate Affirmation
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration bet. New Hampshire Insurance & Utilities Mutual Insurance

This case involves an appeal from an order that partially granted a petitioner's application to vacate an arbitration award. The underlying dispute arose from an accident involving a truck crane that injured Grady McClaney, an employee of Niagara Mohawk Power Corporation, who subsequently received workers' compensation benefits from the respondent carrier. McClaney settled a personal injury action against multiple parties for over $4 million, with Niagara Mohawk waiving its compensation lien as part of the settlement. Subsequently, the respondent initiated a loss transfer arbitration to recoup $50,000 in compensation benefits from the petitioner, Gallagher’s no-fault carrier, citing Insurance Law § 5105 (b) and Workers’ Compensation Law § 29 (1-a). The arbitration panel ruled in favor of the respondent, but the Supreme Court remanded the matter due to procedural defects. On appeal, the court reversed the Supreme Court's order, confirmed the arbitration award, and dismissed the petition, finding the panel's decision rational and the procedural defects non-prejudicial.

Arbitration AwardWorkers' CompensationLoss TransferNo-Fault InsuranceLien WaiverPersonal Injury SettlementAppellate ReviewProcedural DefectsInsurance LawCPLR 7511
References
2
Case No. MISSING
Regular Panel Decision

West Genesee Central School District v. West Genesee Teacher Ass'n

This case involves an appeal and cross-appeal from an order of the Supreme Court, Onondaga County, regarding an arbitrator's award concerning a teachers' collective bargaining agreement. The Supreme Court had partially granted a petition to vacate a portion of the arbitrator's award. The appellate court modified this order, agreeing that the arbitrator exceeded his authority by mandating a 40-minute morning preparation period, but reversed the lower court's finding that the arbitrator acted outside his scope concerning mandatory summer workshops. Additionally, the court rejected the petitioner's cross-appeal argument that the arbitrator was irrational in determining that attendance at training sessions held outside normal working hours could not be mandated based on the collective bargaining agreement.

arbitrationcollective bargaining agreementteacherssummer workshopspreparation periodCPLR 7511labor grievancescontract interpretationarbitrator's authorityscope of arbitration
References
5
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