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

Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision

Kahn v. Superior Chicken & Ribs, Inc.

The plaintiff, Yousuf Mohammad Kahn, initiated this action against his former employer, Superior Chicken & Ribs, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law concerning overtime pay. The court had previously dismissed claims related to meal periods and statutory contributions. The defendant subsequently filed for summary judgment on the outstanding overtime claims, contending that Kahn was exempt from overtime requirements as an executive or administrative employee. The court determined that Kahn satisfied both the 'salary basis' and 'duties' components of the exemption's short test, citing his application for a managerial position, prior work experience, sole on-site supervisory role, distinct uniform, and prior self-identification as a manager to medical professionals and in a bankruptcy filing. Consequently, the court granted the defendant's motion for summary judgment, thereby ruling that Kahn was indeed exempt from federal and state overtime pay regulations. The defendant's request for attorneys' fees was denied due to procedural non-compliance with Rule 11 and the absence of a bad faith finding under 28 U.S.C. § 1927.

FLSAOvertime PaySummary JudgmentExecutive ExemptionAdministrative ExemptionNew York Labor LawManagerial DutiesSalary Basis TestDuties TestEmployment Law
References
12
Case No. MISSING
Regular Panel Decision
Feb 05, 1993

In re Arbitration between Bevona & Superior Maintenance Co.

Petitioner, a union representing employee Orlando Moneado, sought to confirm an arbitration award directing Superior Maintenance Company to reinstate Moneado and pay back wages. Superior moved to vacate the award, citing the arbitrator's misconduct in denying an adjournment request and issuing a default award after evidence had been presented. The Supreme Court initially confirmed the award, but the appellate court reversed, finding that the lower court erred in denying Superior's motion to renew and that the arbitrator's refusal to grant an adjournment constituted misconduct. Consequently, the appellate court granted Superior's motion to vacate the arbitration award.

Arbitration AppealVacation of Arbitration AwardConfirmation of Arbitration AwardArbitrator MisconductDenial of AdjournmentDefault AwardCPLR 7511CPLR 7510Motion to RenewAppellate Procedure
References
16
Case No. MISSING
Regular Panel Decision

Rausman v. Baugh

The case concerns a defamation action brought by an unnamed plaintiff against Maimonides Medical Center and its employee, Rosemarie Baugh. The plaintiff, a supervisor, was discharged after Baugh accused him of sexual harassment. The Supreme Court initially maintained a cause of action against Maimonides based on respondeat superior, which Maimonides appealed. The appellate court examined whether an employer could be held liable under respondeat superior for an employee's defamatory statements made during an internal sexual harassment complaint. The court concluded that Baugh's accusations were not within the scope of her employment duties, as she was not acting under employer direction or in furtherance of the employer's business. Consequently, the appellate court reversed the Supreme Court's decision, dismissing the complaint against Maimonides Medical Center in its entirety.

Sexual harassmentDefamationRespondeat superiorEmployer liabilityScope of employmentEmployee tortsNew York lawWorkplace conductSupervisor-subordinate relationsAppellate decision
References
35
Case No. MISSING
Regular Panel Decision

Dinkins v. Farley

This case addresses a question of first impression regarding employer liability under respondeat superior for an employee's accident while driving to a tuition-subsidized class. The plaintiff sustained personal injuries in an accident involving an automobile operated by Victor F. Farley, an employee of Xerox Corporation, who was driving to a class funded by Xerox's tuition aid program. The plaintiff sought to hold Xerox liable, arguing Victor was acting within the scope of his employment. The court analyzed the nature of the tuition aid program, emphasizing the primary personal benefit to the employee, lack of employer control over travel, and the contingent nature of the tuition reimbursement. Ultimately, the court determined that Victor's activity was not sufficiently connected to his employment to invoke respondeat superior, granting Xerox's motion to dismiss and denying the plaintiff's cross-motion for summary judgment.

Respondeat SuperiorScope of EmploymentTuition Aid ProgramPersonal InjurySummary JudgmentCPLR 3211CPLR 3212Automobile AccidentEmployer LiabilityEmployee Education
References
8
Case No. 2024 NY Slip Op 24011 [82 Misc 3d 812]
Regular Panel Decision
Jan 17, 2024

Smith v. Ryder

The Supreme Court, Albany County, addressed a negligence case where plaintiff Karla Smith sued Richard Ryder, Jr., a newspaper delivery person, and The Hearst Corporation/Hearst Communications, Inc., after Ryder struck her in a crosswalk. The core legal dispute involved whether Ryder was an employee or an independent contractor for Hearst, which would determine Hearst's vicarious liability under the doctrine of respondeat superior. Hearst moved for summary judgment, arguing that Labor Law and Workers' Compensation Law provisions classifying delivery persons as independent contractors for statutory benefits should override common law and apply to negligence claims. However, the court denied Hearst's motion, ruling that these statutes do not abrogate the common-law doctrine of respondeat superior in tort cases. The court found that a triable question of fact existed regarding Ryder's employment status, based on Hearst's alleged control over his delivery methods, monetary aspects, and disciplinary processes.

Respondeat SuperiorVicarious LiabilityIndependent ContractorEmployee StatusSummary JudgmentNegligenceNewspaper DeliveryStatutory InterpretationCommon LawLabor Law
References
20
Case No. MISSING
Regular Panel Decision

McGrath v. Nassau Health Care Corp.

This case involves Sally Pistorio McGrath and John McGrath suing Nassau Health Care Corporation (NHCC). Sally Pistorio McGrath alleges sexual harassment and retaliation by NHCC's former board chairman, Eric Rosenblum, including hostile work environment and quid pro quo claims under Title VII and New York Executive Law. She also brings Equal Protection and First Amendment claims under 42 U.S.C. § 1983, a New York Executive Law marital status discrimination claim, and common law claims for assault, battery, and intentional infliction of emotional distress. John McGrath asserts a loss of consortium claim. NHCC moved to dismiss the Amended Complaint, arguing that McGrath failed to exhaust administrative remedies for Title VII claims, did not plead a municipal custom or policy for § 1983 claims, and that her other tort claims were insufficient or not applicable under respondeat superior. The District Court denied NHCC's motion, affirming the validity of the early right-to-sue letter, finding sufficient pleading for First Amendment, Equal Protection, and marital status discrimination claims, and concluding that NHCC could be held liable for assault, battery, and intentional infliction of emotional distress under respondeat superior.

Sexual HarassmentTitle VIICivil Rights ActFirst AmendmentEqual ProtectionMarital Status DiscriminationAssaultBatteryIntentional Infliction of Emotional DistressRespondeat Superior
References
87
Case No. MISSING
Regular Panel Decision

Matter of Rivera v. Superior Laundry Services, LLC

This case involves an appeal from a Workers’ Compensation Board decision concerning an employer's workers' compensation policy. The claimant, initially employed by Brand Management Services, Inc. (BMS) doing business as County Agency, Inc., was injured while working for Superior Laundry Services, LLC. Guarantee Insurance Company, BMS's carrier, disputed the claim, asserting the policy did not cover Superior Laundry's direct employees and had been canceled. The Workers’ Compensation Board affirmed that the policy was not properly canceled due to insufficient notice. The Appellate Court reversed this decision, agreeing that cancellation notice was improper but concluding that the policy fundamentally did not provide coverage for Superior Laundry Services, LLC at the time of the claimant's accident.

Workers' CompensationInsurance PolicyPolicy CancellationCoverage DisputeProfessional Employer OrganizationAppellate ReviewEmployer LiabilityCarrier ResponsibilityAdditional Insured EndorsementNotice Requirements
References
3
Case No. 2017 NY Slip Op 00956
Regular Panel Decision
Feb 08, 2017

Cacanoski v. 35 Cedar Place Associates, LLC

The plaintiff, Krste Cacanoski, was injured after falling through a skylight during asbestos removal work for 35 Cedar Place Associates, LLC. He commenced an action against 35 Cedar Place Associates, LLC, alleging a violation of Labor Law § 240 (1) for failing to provide adequate safety devices. 35 Cedar Place Associates, LLC, subsequently initiated a third-party action against Cacanoski's employer, Superior Abatement, Inc., seeking contractual indemnification under a subcontract executed after the accident. The Supreme Court denied both the plaintiff's motion for summary judgment on the Labor Law claim and Superior Abatement, Inc.'s motion to dismiss the third-party complaint. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order with respect to the plaintiff's motion, granting summary judgment on the Labor Law § 240 (1) cause of action, finding that the absence of necessary protection was a proximate cause of the plaintiff's injuries. The court affirmed the denial of Superior Abatement, Inc.'s motion to dismiss the third-party complaint, concluding that a triable issue of fact existed regarding whether the parties intended the indemnification provision to apply retroactively.

Labor Law § 240(1)Personal InjurySummary JudgmentAsbestos RemovalFall from heightSky-lightContractual IndemnificationRetroactive AgreementWorkers' Compensation Law § 11Appellate Division
References
19
Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
11
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