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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
Jun 20, 2005

Hageman v. B & G Building Services, LLC

The plaintiff, injured during demolition work at a Home Depot store, initially sued Home Depot, and later commenced an action against B & G Building Services, LLC (Building) for personal injuries. Building cross-moved for summary judgment, asserting that it was the plaintiff's employer and that the action was barred by Workers' Compensation Law due to an alter ego or joint venturer relationship with the plaintiff's direct employers, the Electrical corporations. The Supreme Court granted Building's cross-motion, dismissing the complaint. On appeal, the order was reversed; the appellate court determined that Building failed to provide sufficient proof to establish an alter ego or joint venturer relationship, which would legally prevent the plaintiff from proceeding with the personal injury action under the Workers' Compensation Law exclusivity provisions.

Personal InjuryWorkers' Compensation ExclusivitySummary JudgmentAlter Ego DoctrineJoint VentureEmployer LiabilityDemolition AccidentAppellate ReviewNassau CountyConstruction Injury
References
9
Case No. MISSING
Regular Panel Decision

Jenkins v. Arcade Building Maintenance

Jenkins, an African American woman, sued her former employer and several individuals and entities (Initial Contract Serviced, Petar Dedovic, Argirre Lolovic, Arcade Building Maintenance, and Local 32B-32J Service Employees International Union) for alleged discrimination based on race, color, national origin, and gender, and retaliation under 42 U.S.C. § 1981, and conspiracy under 42 U.S.C. § 1985. She claimed harassment and wrongful termination after filing a discrimination complaint in 1993. Defendants moved to dismiss the complaint. The court granted the motion, dismissing the § 1981 claims for lack of specific allegations of racial animus and finding gender discrimination not actionable under § 1981. It also dismissed the § 1985 conspiracy claim, ruling that a § 1981 employment discrimination claim cannot serve as its basis. The court further determined that events prior to May 1, 1995, were time-barred and the continuing violation doctrine did not apply due to conclusory allegations. Jenkins was granted leave to replead her First and Second Claims for Relief.

DiscriminationRetaliationConspiracy42 U.S.C. § 198142 U.S.C. § 1985Employment LawMotion to DismissStatute of LimitationsContinuing Violation DoctrineRacial Discrimination
References
59
Case No. MISSING
Regular Panel Decision

City of New York v. City Civil Service Commission

The New York City Personnel Director challenged the City Civil Service Commission's decision to grant veterans' preference credits to police officers who performed a few hours of active duty during a 1970 postal strike. The Court of Appeals found that the Personnel Director had standing to sue, rejecting the argument of an intra-agency dispute due to the Director's policy-making and enforcement authority over civil service laws. On the merits, the Court reversed the Commission's decision, holding that veterans' credits are intended for individuals whose full-time military service significantly disrupted their civilian lives, a condition not met by the police officers' brief service. The court clarified that mere literal fulfillment of "time of war" and "member of the armed forces" definitions is insufficient without demonstrable sacrifice. Therefore, the orders awarding the preference credits were annulled, emphasizing the restrictive interpretation of such preferences in competitive civil service systems.

Veterans' preference creditsCivil Service LawStanding to sueArticle 78 proceedingMunicipal civil service commissionPersonnel DirectorJudicial review of administrative decisionsArmed Forces reservistsActive dutyConstitutional interpretation
References
17
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 2019 NY Slip Op 04978
Regular Panel Decision
Jun 19, 2019

Robles v. Taconic Mgt. Co., LLC

Edilberto Robles, a laborer, sustained head injuries from a closing freight elevator door and commenced an action alleging violations of Labor Law §§ 200 and 241 (6) and common-law negligence against multiple entities involved in the building's management, operation, and his employment. The Supreme Court granted several motions for summary judgment. On appeal and cross-appeal, the Appellate Division modified the order. It denied summary judgment to Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, and Waldorf Carting Corporation on the Labor Law § 200 and common-law negligence claims, finding triable issues of fact regarding supervision and control and the alter ego defense. The court also denied summary judgment on indemnification claims against Collins Building Services, Inc., and Waldorf Carting Corporation. The dismissal of the Labor Law § 241 (6) claim against Taconic and Chelsea, and the dismissal of claims against Collins Building Services, Inc., and New York Elevator & Electrical Corporation were affirmed.

Personal injuryLabor Law § 200Labor Law § 241(6)Common-law negligenceSummary judgmentIndemnificationThird-party actionWorkers' Compensation LawAlter ego defensePremises liability
References
20
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

Delishi v. Property Owner USA LLC

Plaintiff Haxhi Delishi sued multiple defendants after he slipped and fell at a construction site in New York County on November 14, 2005, while working for Collins Building Services, Inc. He alleged negligence against the named defendants for causing or allowing the dangerous condition (a piece of cardboard covering a metal pipe) or failing to warn him. Several defendants, including Stateside Contracting Co., Inc., Jordan Daniels Electrical Contractors, Inc., Property Owner (USA), LLC, HSBC North America, Inc., and Jones Lang LaSalle Services, Inc., moved for summary judgment to dismiss the complaint and cross-claims against them. Third-party defendant Collins also moved for dismissal of Jones Lang's third-party complaint. The court, presided over by Justice Jack M. Battaglia, denied all motions for summary judgment, finding that none of the moving parties had established prima facie entitlement to judgment as a matter of law, partly due to issues with inadmissible deposition testimony and insufficient evidence regarding creation of the condition or notice of it.

Slip and FallConstruction Site InjuryWorkplace AccidentSummary Judgment MotionNegligence ClaimCommon-law IndemnificationContractual IndemnificationContributionAdmissibility of Deposition TranscriptsDangerous Condition
References
66
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
Case No. MISSING
Regular Panel Decision
Apr 14, 1988

Levitt v. Civil Service Commission

The City of New York appealed a Supreme Court judgment that affirmed the Civil Service Commission's decision to reject the reclassification of the deckhand position from the competitive to the noncompetitive civil service class. Petitioners argued that the Commission applied an overly strict standard, acted inconsistently with Title VII of the Civil Rights Act and the NY Constitution, based its decision solely on a presumption despite expert opinions, and failed to adequately state its reasoning. The Appellate Division found that the Commission properly used the term "compelling" to reflect the constitutional preference for competitive examinations and that its decision, while brief, allowed for judicial review. Citing the public safety roles of deckhands, similar to police and firefighters, the court concluded that competitive examinations are feasible and petitioners failed to demonstrate an impediment to compliance with job-relatedness requirements.

Civil Service LawJob ReclassificationCompetitive ExaminationNoncompetitive ClassPublic SafetyDeckhand PositionAppellate ReviewCivil Rights Act Title VIINew York ConstitutionArbitrary Determination
References
5
Case No. ADJ4292264
Regular
Jul 15, 2010

JOE GALVAN vs. FOXX BUILDING SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, PACIFIC NATIONAL INSURANCE COMPANY

This case involves an applicant, Joe Galvan, who sustained a shoulder injury resulting in post-traumatic Parkinson's disease. The defendant, Foxx Building Services, Inc., sought to remove a Workers' Compensation Appeals Board (WCAB) minute order denying their request for the Agreed Medical Examiner (AME), Dr. Reynolds, to testify at trial. The Board denied the petition for removal, citing regulations favoring written medical reports over live testimony absent good cause. The Board also found that the defendant failed to demonstrate irreparable harm or substantial prejudice from the denial of Dr. Reynolds' testimony.

Workers' Compensation Appeals BoardPetition for RemovalAMEDr. ReynoldsDr. JankovicDeposition TestimonyTrial TestimonyMedical ReportsPost-Traumatic Parkinson's DiseaseShoulder Injury
References
0
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