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

Case No. 2014 NY Slip Op 08026
Regular Panel Decision
Nov 19, 2014

Matter of Chloe P. Mc. (Lajohn M.--Danielle P.)

This case involves an appeal by Danielle P. from an order of the Family Court, Kings County, dated August 21, 2013, which awarded Lajohn M. supervised visitation with the subject child, Chloe P. Mc. The Appellate Division, Second Department, dismissed the appeal. The court found that no appeal lies from an order entered on the consent of the appealing party, as Danielle P. had consented to the supervised visits.

Family LawChild VisitationSupervised VisitationAppeal DismissedConsent OrderAppellate ProcedureParental RightsChild WelfareFamily CourtAppellate Division
References
5
Case No. MISSING
Regular Panel Decision
Jul 29, 2020

Matter of Mateo M. Q. (Jessica Q.)

The Suffolk County Department of Social Services initiated proceedings to terminate Jessica Q.'s parental rights over her child, Mateo M.Q., alleging permanent neglect. The child was placed in foster care at birth after both mother and child tested positive for amphetamines and marijuana. Despite diligent efforts by DSS to provide counseling, facilitate visits, and offer service referrals, the mother failed to complete mandated substance abuse programs due to attendance issues and positive toxicology results. The Family Court found permanent neglect, terminated parental rights, and awarded guardianship to DSS for adoption. The Appellate Division, Second Department, affirmed this decision, concluding that the termination was in the child's best interests.

Parental Rights TerminationPermanent NeglectSocial Services LawFamily CourtSubstance AbuseFoster CareChild WelfareAppellate DivisionSuffolk CountyAdoption
References
6
Case No. MISSING
Regular Panel Decision
May 14, 2015

Boice v. M+W U.S., Inc.

This case concerns a wage-and-hour action filed by Vincent E. Boice against M+W U.S., Inc., Total Facility Solutions, Inc., and M+W Zander N.Y. Architects, P.C. under the Fair Labor Standards Act. Plaintiff moved to conditionally certify a collective action and compel discovery. Magistrate Judge Hummel recommended denying conditional certification without prejudice but granting limited pre-certification discovery for employee contact information. District Judge Glenn T. Suddaby accepted and adopted this Report-Recommendation, denying the defendants' motion to strike the declaration and the plaintiff's motion for conditional certification while granting in part the motion to compel discovery. The court also denied other relief sought by the plaintiff and reopened the discovery period for 90 days.

FLSAWage-and-Hour ActionCollective ActionConditional CertificationDiscovery MotionOvertime CompensationJudicial ReviewEmployment LawClass Action ProcedureMagistrate Judge Recommendation
References
60
Case No. MISSING
Regular Panel Decision

S.M. v. M.M.-M.

This case involves a matrimonial action between S.M. (plaintiff) and M.M-M. (defendant) concerning pendente lite relief, child support, maintenance, and the equitable distribution of marital assets, specifically the transfer of the husband's business (EA & D) to his daughter. The court granted the wife's request for the husband to continue paying all costs associated with maintaining the marital residence and awarded her $1,290 per month in temporary child support, retroactive to July 30, 2015. However, the court denied the wife's motion to determine if the transfer of EA & D was improper, reserving the issue for trial due to a factual dispute over the husband's intent. The court also denied the request for a forensic evaluation of EA & D and M. Studios, stating it lacked jurisdiction over the transferred business and that M. Studios had no assets to value. The court noted that if the transfer is later found improper, the wife could be awarded a greater share of remaining marital property.

divorce proceedingstemporary maintenancechild support awardmarital property disputebusiness asset transferequitable distribution factorsforensic accounting denialmatrimonial lawNew York Supreme Courtpendente lite relief
References
12
Case No. 2014-2086 Q C
Regular Panel Decision
Dec 08, 2017

Adelaida M. Laga, P.T. v. GEICO Ins. Co.

Plaintiff Adelaida M. Laga, P.T., as assignee, sought to recover assigned first-party no-fault benefits from GEICO Ins. Co. The Civil Court had previously granted the plaintiff's motion for summary judgment and denied the defendant's cross-motion for summary judgment. The Appellate Term reversed the Civil Court's judgment, vacating the grant of summary judgment to the plaintiff and denying the plaintiff's motion. The court found that the plaintiff failed to establish a prima facie entitlement to summary judgment by not proving that the claim was timely denied or that the denial was without merit. However, the Appellate Term upheld the denial of the defendant's cross-motion, concluding that the defendant did not demonstrate, as a matter of law, that fees exceeded the workers' compensation fee schedule or that the assignor failed to appear for independent medical examinations.

No-Fault BenefitsSummary JudgmentAppellate ReviewInsurance ClaimPrima Facie CaseBurden of ProofWorkers' Compensation Fee ScheduleIndependent Medical ExaminationCivil ProcedureDenial of Claim
References
7
Case No. 2023 NY Slip Op 04702 [219 AD3d 1196]
Regular Panel Decision
Sep 21, 2023

47 E. 34th St. (NY) L.P. v. BridgeStreet Worldwide, Inc.

In 47 E. 34th St. (NY) L.P. v BridgeStreet Worldwide, Inc., the Appellate Division, First Department, reversed a Supreme Court judgment that had granted summary judgment to the plaintiff, 47 East 34th Street (NY) L.P. The plaintiff had sought to hold Versa Capital Management, LLC, and Domus BWW Funding, LLC liable as successors or alter egos of BridgeStreet Worldwide, Inc. (BWW) on a lease guaranty. The Appellate Division found that the lower court erred by relying on a mistaken belief of a 'limited factual issue' and misinterpreting previous admissions. It concluded that documentary evidence disproved successor and alter ego liability, as BWW's assets were transferred to nonparties, not to Versa or Domus Funding. Consequently, the Appellate Division granted summary judgment to Versa Capital Management, LLC, and Domus BWW Funding, LLC, dismissing all claims against them.

Successor LiabilityAlter EgoFraudulent ConveyanceSummary JudgmentAppellate ReviewCorporate DominationLoan ForeclosureForbearance AgreementVeil PiercingPersonal Jurisdiction
References
17
Case No. MISSING
Regular Panel Decision
Oct 31, 2007

M.M. ex rel. A.M. v. New York City Department of Education Region 9

Parents M.M. and H.M. sought a modified de novo review of administrative decisions concerning their autistic daughter A.M.'s Individualized Education Plan (IEP) for the 2005-2006 school year, provided by the New York City Department of Education (DOE). They alleged procedural and substantive violations of the Individuals with Disabilities Education Act (IDEA), claiming the IEP was inadequate and requesting tuition reimbursement for their unilateral private school placement. The Impartial Hearing Officer and State Review Officer had previously found the DOE's IEP appropriate and denied reimbursement. The District Court affirmed these administrative decisions, concluding that the DOE offered a Free Appropriate Public Education (FAPE) to A.M. and that the IDEA's pendency provision did not entitle the student to continued early intervention services during the dispute. Consequently, the plaintiffs' motion for reversal was denied, and the DOE's cross-motion for summary judgment was granted.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education PlanEarly Intervention ServicesSpecial EducationAutismDue ProcessTuition ReimbursementSummary JudgmentDe Novo Review
References
29
Case No. MISSING
Regular Panel Decision

Liverpool v. S.P.M. Environmental Inc.

Plaintiff sought summary judgment on liability under Labor Law § 240 (1) after the decedent, Keith Liverpool, died from a 15-foot fall at a construction site caused by unsecured bar joists. The Supreme Court, Bronx County, denied the motion. The appellate court unanimously reversed, granting summary judgment on liability against defendants S.P.M. Environmental Inc., the general contractor, and Provech Realty Co., the owner. The court emphasized the absolute liability under Labor Law § 240 (1), ruling that arguments of comparative negligence or the decedent's employment status as an independent contractor were irrelevant to the defendants' statutory duty to provide proper safety devices.

Construction AccidentLabor Law § 240(1)Summary JudgmentAbsolute LiabilityFall ProtectionGeneral Contractor LiabilityProperty Owner LiabilityWorker SafetyAppellate ReversalComparative Negligence Irrelevant
References
10
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. MISSING
Regular Panel Decision

M.T. ex rel. N.M. v. New York City Department of Education

The plaintiff, M.T., on behalf of her son N.M., challenged the State Review Officer's (SRO) decision denying tuition reimbursement for N.M.'s placement at the Rebecca School for the 2010-2011 school year. The SRO had reversed an Impartial Hearing Officer's (IHO) decision which found the New York City Department of Education (DOE) failed to provide N.M. with a Free Appropriate Public Education (FAPE). The District Court found that the SRO improperly relied on retrospective testimony regarding the possibility of extending a 1:1 transitional paraprofessional beyond the four months provided in the Individualized Education Program (IEP). Citing recent Second Circuit precedent (R.E. and Reyes), the court ruled that such retrospective adjustments are impermissible. Due to the court's lack of educational expertise and the unclear centrality of this error to the SRO's decision, both parties' motions for summary judgment were denied, and the case was remanded to the state administrative officers for further consideration in light of the Reyes decision.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education ProgramSpecial EducationSummary JudgmentRemandState Review OfficerImpartial Hearing OfficerRetrospective TestimonyTransitional Paraprofessional
References
27
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