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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

Paris v. Reiss

The court unanimously modified an order, granting the defendant leave to serve an amended answer to include the exclusivity of the Workers’ Compensation Law as an affirmative defense. However, the court upheld the denial of the defendant's motion for summary judgment regarding violations of Labor Law § 240 (1) and § 241 (6). This denial was based on an unresolved issue of fact concerning the employment status of plaintiff Steven M. Paris, indicating that the defendant had not met the burden for summary judgment. This decision was made in light of a related case, Paris v Reiss.

Workers' Compensation LawLabor LawAffirmative DefenseSummary JudgmentEmployment StatusAppellate DecisionLeave to AmendCourt OrderJudicial DiscretionChautauqua County
References
4
Case No. MISSING
Regular Panel Decision

Paris v. Metropolitan Life Ins.

District Judge McGOHEY denied a motion by three assigning employees to set aside assignments. The motion was an attempt to reduce an additional counsel fee of $225,000 previously allowed to the law firm of Boudin, Cohn and Glickstein. The judge reaffirmed his prior determination that the fixed fee was reasonable and proper, concluding that the movants would not benefit from an invalidation of the assignments without a warranted fee reduction, which was not found.

Counsel FeeMotion to Set AsideAssignmentsFee ReductionJudicial OpinionDistrict CourtReasonable FeeDenial of MotionLegal FeesCourt Order
References
2
Case No. MISSING
Regular Panel Decision

People v. Drake

The dissenting opinion in People v. Paris Drake argues that the trial court made two significant errors. Firstly, the court improperly instructed the jury that expert testimony on eyewitness identification, provided by Dr. Elizabeth Loftus, could not be used to discredit or accredit eyewitness accounts. This instruction, according to the dissent, effectively negated the defense's ability to challenge the reliability of crucial eyewitness testimony. Secondly, the dissent contends that the trial court erred by refusing an in camera review of a key eyewitness's psychiatric records, which could have shed light on her perception given her medication for anxiety. These errors, the dissent concludes, were prejudicial and warrant a reversal of the conviction for first-degree assault and third-degree criminal possession of a weapon.

Eyewitness IdentificationExpert Witness TestimonyJury InstructionsRight to Confront WitnessesPsychiatric Records ConfidentialitySixth AmendmentCriminal AssaultCriminal Possession of WeaponMemory RetentionPrejudicial Error
References
8
Case No. MISSING
Regular Panel Decision
Aug 07, 2007

Drake v. Woods

Paris Drake petitioned for a writ of habeas corpus, challenging his New York state conviction for Assault in the First Degree and Criminal Possession of a Weapon in the Third Degree. Drake argued that the trial court violated his due process right to a fair trial and his Sixth Amendment right of confrontation by refusing to recall a witness (Carl Fortner) and by not inspecting a witness's (Witness A) psychiatric records or allowing cross-examination on her mental health. The court first addressed procedural default, finding that state appellate courts did not clearly rely on procedural bars. On the merits, the court denied both grounds for relief, concluding that the trial court's evidentiary rulings were not erroneous and did not deprive Drake of a fundamentally fair trial or his confrontation rights, as the jury had sufficient information to assess witness credibility.

Habeas CorpusSixth AmendmentDue ProcessConfrontation ClauseEyewitness IdentificationPsychiatric RecordsCross-ExaminationProcedural DefaultEvidentiary RulingsAssault First Degree
References
105
Case No. MISSING
Regular Panel Decision

Walton v. Devi Corp.

Plaintiff, an employee of Krum & Sons, Inc., sustained a debilitating eye injury on January 2, 1990, when struck by a wood chip while engaged in tree removal for Devi Corporation. He subsequently initiated a personal injury lawsuit against Devi, Berenson Pari-Mutuel of New York, Inc., and Roy Howard & Associates, asserting violations of Labor Law §§ 200 and 241 (6) for lack of protective eyewear. Supreme Court dismissed the complaint via summary judgment, leading to an appeal by the plaintiff. The Appellate Division affirmed the dismissal of the Labor Law § 241 (6) claim. The court concluded that the tree removal task did not fall under the statutory definition of "construction work," as it neither affected the structural integrity of the motel sign nor involved its construction, thereby rendering Labor Law § 241 (6) inapplicable.

Personal InjuryLabor Law § 241(6)Construction Work DefinitionSummary JudgmentTree RemovalWood Chipping AccidentScope of Labor LawAppellate ReviewEmployer LiabilityOwner Liability
References
23
Case No. ADJ475725 (MON 0270464) ADJ845300 (MON 0270462)
Regular
Oct 13, 2010

SHERRELL PARIS vs. T.P.I.R./MARK GOODSON PROD., PEARSON T.V.; ST. PAUL TRAVELERS, Formerly GULF INSURANCE COMPANY, and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for LEGION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision that barred CIGA's petition for reimbursement, finding the arbitrator erred in deeming it untimely under Labor Code section 5500.5. The dispute centers on enforcing a stipulated award regarding medical treatment responsibility between insurers for two injury dates. The WCAB remanded the case for a new decision on the merits of CIGA's reimbursement claim and a determination of respective liabilities for future medical treatment. Further proceedings are necessary to interpret the stipulated award and consider arguments about "other insurance."

CIGASt. Paul TravelersLegion Insurance CompanySherrell ParisExecutive AssistantIndustrial InjuryNeckBackRight ShoulderRight Hip
References
1
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. MISSING
Regular Panel Decision

Cristales v. Chase Manhattan Bank

The defendant third-party plaintiff, Chase Manhattan Bank, appealed an order from the Supreme Court, Queens County, which granted summary judgment dismissing Chase's claims for contractual indemnification and breach of an agreement to procure insurance against third-party defendant Paris Maintenance Co., Inc. The underlying case involved an injured plaintiff suing Chase after slipping on ice at its property. Chase had contracted with Paris Maintenance for snow removal, with an indemnification clause. The appellate court reversed the lower court's order, denying summary judgment to Paris Maintenance and reinstating Chase's causes of action. The court reasoned that Workers' Compensation Law § 11 permits third parties to seek indemnification from an employer under such circumstances and does not bar actions for breach of an agreement to procure liability insurance.

Personal InjuryContractual IndemnificationBreach of ContractProcure InsuranceSummary JudgmentThird-Party ActionWorkers' Compensation LawPremises LiabilitySnow Removal ContractAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Nazarian v. Compagnie Nationale Air France

Plaintiffs, Iranian nationals Kamran and Faranak Nazarian, purchased Air France tickets for travel from New York to Athens via Paris. Their return flight was delayed, causing them to miss their connection in Paris. An Air France manager took their passports and tickets to secure temporary visas for an overnight stay but left them at immigration. French officials denied their visas due to their nationality, arrested them, and detained them without food or drink, and subjected them to assault. The Nazarians sued Air France for negligence, false imprisonment, false arrest, intentional infliction of emotional distress, and breach of express promise. The court dismissed claims for false imprisonment, false arrest, intentional infliction of emotional distress, and breach of express promise due to lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act. However, the court retained jurisdiction over the negligence claim concerning the Air France manager's conduct in Paris, based on a duty of care established by the ticket purchase in the U.S. Negligence claims related to flight schedule were preempted by the Airline Deregulation Act.

Foreign Sovereign Immunities ActCommercial Activity ExceptionSubject Matter JurisdictionNegligenceAirline LiabilityFalse ImprisonmentFalse ArrestIntentional Infliction of Emotional DistressBreach of PromiseAirline Deregulation Act
References
22
Case No. MISSING
Regular Panel Decision
Mar 10, 1998

Claim of Paris v. City of New York

The claimant, an office worker for the Queens County District Attorney, sustained mental and emotional injuries in July 1991 due to an elevator fire. The employer informed the claimant in August 1991 that her workers' compensation claim was accepted and assigned a case number. However, when the claimant formally filed her claim in December 1995, the employer argued it was barred by the two-year statute of limitations under Workers’ Compensation Law § 28. The Workers’ Compensation Board ruled the claim was not barred due to the employer's earlier assurances which had effectively inhibited timely filing. The appellate court affirmed the Board's decision, holding that an employer cannot use the statute of limitations as a defense when their own actions caused the claimant's delay in filing.

Timeliness of ClaimEmployer EstoppelWorkers' Compensation Law § 28Mental and Emotional InjuryElevator AccidentWCB AppealClaim Filing PeriodStatute of LimitationsEquitable Estoppel
References
1
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