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Case Law Database

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

Case No. ADJ7158520
Regular
May 24, 2010

MELISIA BANKS vs. LARKIN STREET YOUTH CENTER, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over a proposed Compromise and Release (C&R) settlement. The WCJ improperly attempted to gather further medical evidence by directly contacting the applicant's physician, exceeding his authority. The Appeals Board dismissed reconsideration because the WCJ's order was not final, but granted removal due to the prejudice caused by the WCJ's procedural overreach. The case was returned to the trial level for proper proceedings to determine the adequacy of the C&R.

Workers' Compensation Appeals BoardDismissing ReconsiderationGranting RemovalCompromise and ReleaseSupplemental Medical ReportPrimary Treating PhysicianActivities of Daily LivingAlmaraz-GuzmanExcess of AuthorityDue Process
References
16
Case No. MISSING
Regular Panel Decision

Halperin v. City of New Rochelle

This case concerns a hybrid proceeding challenging determinations made by the Board of Appeals on Zoning of the City of New Rochelle. Petitioners sought review of decisions related to parking and area variances for a house of worship, the approval of a final environmental impact statement, and the alleged overreach of the City Council in enacting a zoning ordinance. The court confirmed the Zoning Board's determinations, finding them rational and not arbitrary or capricious. The petition was denied, and the proceeding dismissed on the merits, as the court affirmed the Zoning Board's proper application of zoning criteria and adherence to environmental review under SEQRA.

Zoning LawArea VariancesParking VariancesEnvironmental ReviewSEQRACPLR Article 78Declaratory JudgmentArbitrary and Capricious StandardRational Basis ReviewLand Use Agencies
References
69
Case No. MISSING
Regular Panel Decision
Oct 07, 2011

In re the Arbitration between Professional, Clerical, Technical, Employees Ass'n

This case involves an appeal from an order and judgment of the Supreme Court, Erie County, which had granted the petitioner's application to vacate an arbitration award. The Appellate Division reversed the Supreme Court's decision, denying the petition to vacate and granting the respondent's cross-petition to confirm the arbitration award. The court determined that the arbitrator's interpretation of a collective bargaining agreement regarding the filling of vacancies was neither irrational nor an overreach of authority. The arbitrator's decision affirmed that supervisors have discretion in judging applicant qualifications, even if it leads to hiring outside the bargaining unit when internal candidates lack necessary skills like Excel proficiency.

ArbitrationCollective Bargaining AgreementJudicial ReviewArbitrator AuthoritySeniority ClauseSupervisor DiscretionVacancy FillingBuffalo City School DistrictCPLR Article 75Contract Interpretation
References
16
Case No. MISSING
Regular Panel Decision
Oct 31, 2013

Gottlieb v. Gottlieb

This dissenting opinion addresses an appeal and cross-appeal concerning the enforceability of a prenuptial agreement between a wealthy plaintiff (husband) and a defendant (wife). The defendant challenged the agreement, alleging overreaching and manifest unfairness during negotiations, while the plaintiff sought its enforcement. Although the motion court granted a trial on the maintenance waiver, it dismissed other counterclaims. Justice Feinman's dissent argues that summary judgment should be denied for all counterclaims, emphasizing the need for a full trial to assess the credibility of the parties and resolve material factual disputes regarding the plaintiff's conduct during negotiations and the agreement's potentially unfair terms, particularly highlighting the distinct legal standard of 'manifest unfairness' in marital agreements.

prenuptial agreementmarital agreementsummary judgmentunconscionabilitymanifest unfairnessoverreachingfiduciary dutyequitable distributionspousal maintenance waiverproperty distribution
References
46
Case No. 2022 NY Slip Op 03216 [205 AD3d 527]
Regular Panel Decision
May 17, 2022

Rosa v. McAlpine Contr. Co.

Plaintiff appealed an order granting defendants' motions to dismiss the complaint based on a release of claims. The Appellate Division found issues of fact regarding whether defendants procured plaintiff's signature on a general release through fraud, duress, and/or overreaching. Plaintiff, who does not read English and was unrepresented by counsel at the time, averred he did not understand the document, believing it was a mere formality required for his receipt of compensation for work performed. Facing financial hardship, he signed the release for $30,000. The court modified the order, denying defendants' motions to dismiss and denying plaintiff's cross-motion without prejudice, and otherwise affirmed, without costs, remanding for further proceedings given the limited discovery.

fraudduressoverreachinggeneral releaseconstruction accidentladder fallworkers' compensation claimunrepresented partylanguage barrierfinancial hardship
References
3
Case No. 2019 NY Slip Op 03582 [172 AD3d 843]
Regular Panel Decision
May 08, 2019

Lenge v. Eklecco Newco, LLC

John Lenge and his wife sued multiple entities, including Eklecco Newco, LLC, for personal injuries sustained in a construction accident. The plaintiff was employed by Anzek Construction Corp. and tripped over a pallet. A settlement was reached in open court for $325,000, but plaintiffs later tried to void it, citing issues with workers' compensation consent and Medicare set-aside. Anzek Construction Corp. moved to enforce the stipulation of settlement, which the Supreme Court denied. The Appellate Division, Second Department, reversed the Supreme Court's order, finding the open-court stipulation to be a binding contract. The court held that dissatisfaction with the settlement amount after liens was not grounds for invalidating it without proof of fraud, duress, overreaching, or unconscionability.

Construction AccidentPersonal InjuryStipulation of SettlementContract EnforcementWorkers' Compensation LienMedicare Set-AsideAppellate ReviewOral AgreementJudicial PrecedentCivil Procedure
References
7
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. Patrolmen's Benevolent Ass'n

This appellate decision concerns an appeal from a Supreme Court, Kings County judgment dated April 12, 1985, which granted an application to vacate an arbitration award. The appellate court affirmed this judgment, concluding that the arbitration award was invalid because the arbitrator exceeded his defined powers. The collective bargaining agreement explicitly restricted the arbitrator's authority to the interpretation and application of the agreement's provisions. However, the arbitrator improperly relied on past practices to find a violation, effectively bypassing express contractual terms and rewriting the agreement without citing a specific violated provision. The court emphasized that while considering past practices can aid interpretation, it cannot override clear contract language or imply new terms, which would constitute an overreach of arbitral power.

Arbitration awardVacate awardArbitrator's powerCollective bargaining agreementContract interpretationPast practicesExceeded authorityCPLR 7511Appellate reviewLabor dispute
References
7
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. Baldwin Union Free School District

Francesco Pignataro, a custodian, and his union, Civil Service Employees Association, filed an Article 78 petition challenging the Baldwin Union Free School District's refusal to reinstate him after he attempted to rescind a resignation letter and settlement agreement. The agreement, signed in July 2009, stipulated Pignataro's resignation and a $50,000 payment, contingent on Board approval on August 12, 2009. Prior to Board approval, Pignataro sought to withdraw his resignation and repudiate the settlement, but the Board proceeded with approval and refused his withdrawal. The court determined the settlement was a binding and enforceable contract, and Pignataro had no right to unilaterally rescind his resignation under its terms. Consequently, finding no fraud or overreaching and the Older Workers Benefit Protection Act inapplicable, the court denied the petition and dismissed the proceeding.

ResignationSettlement AgreementContract EnforcementUnilateral RescissionCollective Bargaining Agreement (CBA)Article 78 PetitionDue ProcessOlder Workers Benefit Protection Act (OWBPA)Age Discrimination in Employment Act (ADEA)Grievance Arbitration
References
11
Case No. MISSING
Regular Panel Decision
Feb 01, 2006

People v. Wilson

The defendant appealed a judgment from Erie County Court, rendered February 1, 2006, which convicted him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second and third degrees. The appeals court unanimously affirmed the judgment. The court rejected the defendant's contention that the victim's in-court identification was improper, finding an independent basis for the identification. It also dismissed claims regarding the cross-examination of alibi witnesses and a related jury charge, as well as the prosecutor's peremptory challenge. Furthermore, the court found no prosecutorial overreaching causing a mistrial that would bar retrial on double jeopardy grounds, and concluded the verdict was not against the weight of the evidence and the sentence was not unduly harsh. The certificate of conviction was noted to be incorrect regarding one of the weapon possession charges.

attempted murderassaultcriminal possession of weaponin-court identificationindependent sourcealibi witnessesperemptory challengeBatson challengedouble jeopardyprosecutorial misconduct
References
12
Case No. MISSING
Regular Panel Decision

Agway, Inc. Employees' 401(K) Thrift Investment Plan v. Magnuson

This case involves an action brought by Agway, Inc. Employees’ 401(k) Thrift Investment Plan and State Street Bank & Trust Company under ERISA, alleging breaches of fiduciary duties by various parties concerning the Agway pension plan. Defendant Mellon Trust of New England, N.A., a former fiduciary, sought court approval for a tentative settlement agreement with the plaintiffs, which included a bar order preventing non-settling defendants from asserting indemnity or contribution claims against Mellon Trust. The non-settling defendants, including the Committee Defendants, Director Defendants, and PricewaterhouseCoopers LLP, opposed the bar order, arguing it was overbroad. Magistrate Judge Peebles found the proposed bar order overreaches as it purports to restrict contribution and indemnity claims in actions brought by parties other than the plaintiffs, such as the Department of Labor. Consequently, the court denied Mellon Trust's application for settlement approval without prejudice, conditioning approval on either restricting the bar order's scope to the current action or securing the Secretary of Labor's agreement to the judgment credit reduction in any future action.

ERISAFiduciary Duty BreachPension PlanSettlement AgreementBar OrderContribution ClaimsIndemnity ClaimsPartial JudgmentNon-Settling DefendantsProportionate Fault
References
21
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