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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

Kolari v. New York-Presbyterian Hospital

Plaintiffs, a group of uninsured and indigent patients, brought a consolidated action against New York-Presbyterian Hospital, NY-Presbyterian Health Care System, Inc., and the American Hospital Association. They argued that private non-profit hospitals are legally obligated to provide free or reduced-rate services to uninsured individuals and that the rates charged were unreasonable compared to those offered to insured patients. The plaintiffs alleged violations of federal laws, including 26 U.S.C. § 501(c)(3) (tax exemption), the Fair Debt Collection Practices Act (FDCPA), the Emergency Medical Treatment and Active Labor Act (EMTALA), and 42 U.S.C. § 1983, as well as various New York state laws, such as breach of contract, breach of charitable trust, New York General Business Law § 349, unjust enrichment, and fraud. The District Court granted the defendants' motions to dismiss all claims with prejudice, concluding that no federal or state law requires private non-profit hospitals to offer free or reduced-rate care or to charge uninsured patients the same as insured patients. The court found that plaintiffs lacked standing for several claims and failed to state a claim upon which relief could be granted for the remaining allegations.

Uninsured Patient RightsHospital PricingNon-Profit HospitalsTax Exempt StatusDebt Collection PracticesEmergency Medical TreatmentCivil Rights ClaimsCharitable Trust LawNew York Business LawUnjust Enrichment
References
82
Case No. MISSING
Regular Panel Decision

Giglio v. St. Joseph Intercommunity Hospital

Plaintiff Carl R. Giglio sustained injuries after slipping and falling in a stairwell at a construction site. Plaintiffs initiated an action against the site owner, St. Joseph Intercommunity Hospital, and the general contractor, Ciminelli-Cowper Co., Inc., alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6). Ciminelli subsequently impleaded C.I.R. Electrical Construction Corp., the plaintiff's employer, seeking contribution and indemnification. The Supreme Court initially denied motions to dismiss the Labor Law claims and the common-law negligence cause of action. However, the appellate court modified the order by denying the defendants' cross motions for conditional contractual and common-law indemnification against C.I.R., citing a lack of a direct claim by St. Joseph and the presence of triable issues of fact concerning Ciminelli's negligence, C.I.R.'s active fault, and whether plaintiff sustained a 'grave injury' under Workers' Compensation Law § 11.

Labor LawConstruction Site AccidentSummary JudgmentCommon-Law NegligenceContractual IndemnificationCommon-Law IndemnificationThird-Party ClaimWorkers' Compensation LawDangerous ConditionPremises Liability
References
18
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. MISSING
Regular Panel Decision

Huntington Hospital v. Huntington Hospital Nurses' Ass'n

Huntington Hospital initiated an action under the Federal Arbitration Act to partially vacate an arbitration award, while the Huntington Hospital Nurses’ Association cross-petitioned to confirm it. The dispute originated from the Hospital unilaterally granting two nurses, Betty Evans and Lynn Meyer, longevity pay credits exceeding the ten-year cap stipulated in their collective bargaining agreement (CBA). The arbitrator found the Hospital violated the CBA's sections on pay and exclusive bargaining rights. The arbitrator mandated the Hospital roll back excess credits and recover overpayments. The District Court denied the Hospital's petition, dismissing arguments regarding public policy, manifest disregard for law, and lack of award finality, ultimately confirming the arbitration award.

Arbitration AwardCollective Bargaining AgreementLabor LawFederal Arbitration ActWage DisputesLongevity PayUnion RightsPublic Policy ExceptionManifest Disregard of LawContract Interpretation
References
22
Case No. 13 CIV. 5414(LGS)
Regular Panel Decision
Jun 23, 2014

Childers v. New York & Presbyterian Hospital

This case involves two groups of medical residents and fellows (Childers and Simon Plaintiffs) suing New York and Presbyterian Hospital. The plaintiffs allege the Hospital improperly handled FICA taxes and entered a confidential settlement with the IRS in 1999, which compromised their potential FICA tax refunds without their knowledge, while the Hospital gained valuable consideration. The Hospital moved to dismiss claims of fraud, breach of fiduciary duty, negligent misrepresentation, negligence, and unjust enrichment for lack of subject matter jurisdiction and failure to state a claim. The court largely denied the motion to dismiss, except for the breach of contract claim, asserting that the actions are for tortious conduct rather than tax refunds. A subsequent motion for reconsideration by the Hospital was also denied.

FICA TaxMedical ResidentsTax Refund ClaimsHospital LiabilityFraudulent ConcealmentBreach of Fiduciary DutyUnjust EnrichmentNegligent MisrepresentationNegligenceMotion to Dismiss
References
99
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

Okeke v. New York & Presbyterian Hospital

Plaintiffs Ifeanyichukwu E. Okeke, Jerry Baglione, Iqbal Bajwa, Adel Mahmoud, Naeem U. Qureshi, and Abel De La Trinidad sued The New York and Presbyterian Hospital for age discrimination and hostile work environment under federal, state, and city laws. A jury found the Hospital liable on NYCHRL claims for age-related termination, denial of training, and hostile work environment, but not under federal and state law. The Hospital moved for judgment as a matter of law, a new trial, or remittitur. The Court denied the motion for judgment as a matter of law, granted in part and denied in part the motion for a new trial (specifically granting a new trial on the NYCHRL termination claims), and denied the motion for remittitur as moot. The hostile work environment claim under NYCHRL was sustained.

Age DiscriminationHostile Work EnvironmentNYCHRLADEAMixed-Motive DiscriminationJury VerdictRule 50 MotionRule 59 MotionRemittiturDenial of Training
References
32
Case No. MISSING
Regular Panel Decision

Phillips v. Bovis Lend Lease

The plaintiff, an employee of New York Presbyterian Hospital, was allegedly injured in 2006 when he tripped and fell at work. He commenced an action to recover damages for personal injuries against multiple defendants, including Society of the New York Hospital, Inc. (the Society). The Society, however, had merged in 1998 to form New York Presbyterian Hospital and was no longer in existence at the time of the accident. The plaintiff moved for a default judgment against the Society, but the Supreme Court denied this motion and instead granted the Society's cross-motion for summary judgment, dismissing the complaint against it. The appellate court affirmed this decision, finding that the Society did not exist at the time of the accident and that any action against its successor, New York Presbyterian Hospital, would be barred by Workers' Compensation Law § 11 as it was the plaintiff's employer.

Personal InjuryWorkers' Compensation BarCorporate MergerSuccessor LiabilityDefault JudgmentSummary JudgmentEmployer ImmunityAppellate ReviewDissolved CorporationNew York Law
References
9
Case No. MISSING
Regular Panel Decision
Nov 07, 1975

Buchanan v. New York City Health & Hospitals Corp.

The case concerns an appeal challenging a hospital lien and the application of a contractual period of limitations in an insurance policy. The plaintiff, as executrix of Percy Buchanan, sought to challenge a lien filed by the New York City Health and Hospitals Corporation and compel Associated Hospital Services (AHS) to cover remaining hospital costs. The lower court initially granted AHS summary judgment, finding the action time-barred. However, the appellate court modified this decision, denying AHS's cross-motion for summary judgment. It ruled that a question of fact existed regarding whether AHS could be estopped from asserting the limitations period, given its silence on claim rejections until after the period had expired.

Hospital LienContractual Limitations PeriodSummary Judgment MotionEquitable EstoppelHealth Insurance PolicyStatute of LimitationsAppellate Court DecisionInsurance Coverage DisputeExecutorshipGroup Health Insurance
References
3
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
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