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

Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. 2020 NY Slip Op 00760
Regular Panel Decision
Jan 31, 2020

Clark Rigging & Rental Corp. v. Liberty Mut. Ins. Co.

Plaintiff Clark Rigging & Rental Corp. commenced an action against Tri-Krete Limited, KC Precast, LLC, and Liberty Mutual Insurance Company for breach of contract, account stated, unjust enrichment, fraudulent inducement, and to recover on a payment bond, stemming from work KC Precast hired plaintiff to perform. Tri-Krete moved to dismiss the complaint, arguing that plaintiff failed to sufficiently allege Tri-Krete is an alter ego of KC Precast. The Supreme Court partially granted Tri-Krete's motion, dismissing the breach of contract and account stated causes of action. The Appellate Division, Fourth Department, reversed the Supreme Court's order, denying Tri-Krete's motion in its entirety and reinstating the dismissed causes of action. The court concluded that plaintiff sufficiently alleged Tri-Krete is an alter ego of KC Precast, citing allegations of common control, intermingling of assets, and fraudulent inducement.

Alter Ego LiabilityCorporate Veil PiercingBreach of ContractAccount StatedFraudulent InducementMotion to DismissCPLR 3211Appellate ReviewConstruction LawPayment Bond Claim
References
9
Case No. MISSING
Regular Panel Decision

Council of School Supervisors & Administrators, Local 1 v. New York City Department of Education

The Council of School Supervisors and Administrators (CSA) challenged the City's plan to reduce parking permits for school employees, arguing it violated their collective bargaining agreement. An arbitrator initially sided with CSA, directing the reinstatement of permits. However, the Supreme Court's decision to confirm this award was deemed erroneous by the appellate court. The appellate court found the arbitration award violated public policy, was irrational, and exceeded the arbitrator's authority because the power to issue on-street parking permits lies exclusively with the City's Department of Transportation (DOT), not the Department of Education (DOE). The court emphasized that the award essentially transferred DOT's regulatory authority to DOE and undermined the city's objectives to reduce congestion and pollution. Consequently, the arbitration award was vacated.

Labor disputeParking permitsCollective bargaining agreementArbitration awardPublic policy violationAdministrative lawMunicipal authorityTraffic regulationDepartment of TransportationDepartment of Education
References
4
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. 1:92-CV-1187
Regular Panel Decision
Sep 06, 1995

Continental Ins. Co. v. Estate of Benton

Continental Insurance Company filed a declaratory judgment action to determine insurance coverage for the death of Nicholas Benton, owner of The Rigging Gang. Benton died in a rigging accident. The Rigging Gang held Workers Compensation (WC) and Commercial General Liability (CGL) policies with Continental. The court found that Benton was not an employee under the WC policy as he was self-employed and had not elected coverage. Additionally, the CGL policy did not cover the accident because it was outside the defined scope of 'boat building' (not 'servicing') and Benton would be considered an employee under the CGL's exclusion for employee injuries. Consequently, the court granted summary judgment to Continental Insurance Company, denying the defendants' motion.

Insurance Coverage DisputeDeclaratory JudgmentSummary JudgmentWorkers Compensation PolicyCommercial General Liability PolicyEmployee ExclusionSelf-EmploymentPolicy InterpretationAccidental DeathBoat Building
References
10
Case No. MISSING
Regular Panel Decision
Nov 23, 1983

Abram v. Lyon Steel Rigging Corp.

In a wrongful death action, plaintiff's decedent was killed at a construction site involving Formigli Corp., Elmwood Park, Inc., and Lyon Steel Rigging Corporation. A jury found all three defendants negligent, apportioning liability. Defendants appealed the judgment, arguing the trial court improperly merged common-law negligence and Labor Law § 241 (6) theories without requiring a special verdict. The appellate court agreed that this error, similar to precedent, tainted the verdict and the rejection of indemnification claims for Elmwood and Formigli. Consequently, the supplemental judgment was modified, affirmed as modified, and a new trial was granted to Elmwood and Formigli regarding their proportionate liability and indemnification claims. However, the verdict against Lyon Steel Rigging Corporation for its negligence was upheld due to substantial evidence.

Wrongful DeathConstruction AccidentCrane NegligenceJury VerdictAppellate ReviewLabor LawCommon-Law NegligenceIndemnificationVicarious LiabilityApportionment of Liability
References
8
Case No. 52 Misc 2d 670
Regular Panel Decision
Feb 24, 1967

Freedman v. Suffolk County Board of Supervisors

This case involves a CPLR article 78 proceeding challenging the dismissal of a petition by the Supreme Court, Suffolk County. The petitioners, case workers, sought compliance with section 79-a of the Social Services Law, which provides a percentage increase for employees with graduate training. The appellate court reversed the lower court's decision, denying the motion to dismiss and ruling that section 79-a is constitutional. The court found that the provision does not violate civil service or home rule provisions of the State Constitution, considering it a valid incentive to attract trained personnel and improve social services.

Social Services LawGraduate Training DifferentialCivil Service LawHome Rule ProvisionConstitutional LawPublic WelfareEmployee CompensationCase WorkersStatutory InterpretationAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Imbriani v. Board of Supervisors

This suit, initiated in the Supreme Court of the State of New York and removed to the District Court, challenged Local Law No. 6 of 1982 of the County of Sullivan. This law established a system of weighted voting for Town Supervisors in the county legislature. The plaintiff argued that the law violated both state and federal equal protection principles, alleging disenfranchisement. The District Court granted the defendant's motion to dismiss the federal equal protection claims, referencing its prior decision in Haas v. County of Sullivan, which had upheld Local Law No. 6 against similar constitutional challenges. The Court also dismissed the plaintiff's state law claims, finding no substantial issue under New York law to support the allegations.

Weighted VotingLocal Law ChallengeEqual ProtectionFederal Claims DismissedState Claims DismissedCounty GovernmentSullivan CountyNew York ConstitutionJudicial DiscretionBicameral Legislature
References
9
Case No. MISSING
Regular Panel Decision
Nov 03, 1967

Holloway v. Board of Examiners

The petitioner, a school social worker, initiated an Article 78 proceeding to compel the respondent to provide copies of medical and other reports that led to an unsatisfactory rating in an examination for a Supervisor of School Social Workers license. The Supreme Court, Kings County, initially dismissed the petition. However, the appellate court reversed this judgment, granting the petition to the extent of directing the respondent to furnish the reports to a physician designated by the petitioner, rather than directly to the petitioner. The case was remanded to the Special Term for further proceedings, including a determination on allowing the petitioner more time to appeal the unsatisfactory rating.

Article 78 CPLRLicense ExaminationSchool Social WorkerMedical ReportsDisclosureAdministrative AppealUnsatisfactory RatingAppellate ReversalRemandPhysician Disclosure
References
3
Case No. ADJ2123966 (SFO 0510193)
Regular
Jul 20, 2015

TOMMY GUTIERREZ vs. BIGGE CRANE & RIGGING COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case concerns a dispute over the necessity of prescription pain medications for Tommy Gutierrez. The defendant, Bigge Crane & Rigging Company, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded the medications. The core issue was the defendant's failure to prove timely communication of their utilization review (UR) decision to the applicant's treating physician, Dr. Abeles, within 24 hours. As a result, the UR decision was deemed untimely and invalid, allowing the WCAB to determine medical necessity. The Board affirmed the original award, finding substantial medical evidence supported the applicant's continued need for the medications to manage chronic pain.

Workers' Compensation Appeals BoardUtilization ReviewRequest For AuthorizationUntimely CommunicationFindings & AwardPermanent DisabilityFuture Medical TreatmentAdministrative Director RuleBodamDubon
References
4
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