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

Case No. 17 NY3d 238
Regular Panel Decision

The People v. Jarrod Brown

Judge Read's dissenting opinion argues against the majority's interpretation of CPL 440.46, as amended by Chapter 62 of the Laws of 2011. The majority expanded resentencing eligibility to include parolees due to a name change from 'Department of Correctional Services' to 'Department of Corrections and Community Supervision'. Read contends that this amendment was merely a technical change reflecting an agency merger, not a substantive legislative intent to broaden resentencing relief, which should remain limited to incarcerated persons as per the original 2009 Drug Law Reform Act. The dissent emphasizes that statutory text should be interpreted within its context, highlighting that the 2011 amendment was part of an article VII budget bill for restructuring and technical corrections, not substantive law changes. Therefore, Read believes the legislature did not intend to expand the ameliorative sweep of the provision.

Resentencing EligibilityCPL 440.46Drug Law Reform ActParoleesIncarcerated PersonsStatutory InterpretationLegislative IntentChapter 62 Laws of 2011Technical AmendmentSubstantive Law
References
4
Case No. MISSING
Regular Panel Decision

Phaneuf v. Tenneco, Inc.

This case addresses a motion by plaintiffs Norman Phaneuf and his wife, Kathleen Phaneuf, to amend their complaint against the defendant, Tenneco, Inc. The plaintiffs sought to introduce a new cause of action under N.Y. Labor Law § 240(1), add specific Industrial Code violations to their N.Y. Labor Law § 241(6) claim, include clarifying language, and increase their demand for damages. The court, led by United States Magistrate Judge Hurd, largely denied the motion, citing undue delay, the potential for prejudice to the defendant, and the futility of the proposed amendments, especially concerning the inapplicability of N.Y. Labor Law § 240(1) to an injury caused by a thrown object. Only the request for clarifying language was granted, as it was considered a non-substantive modification.

Motion to Amend ComplaintPleadingsUndue DelayPrejudiceFutility of AmendmentFederal Rules of Civil Procedure Rule 15Federal Rules of Civil Procedure Rule 16New York Labor LawSection 240(1)Section 241(6)
References
23
Case No. MISSING
Regular Panel Decision

Rutherford v. Katonah-Lewisboro School District

Kathleen Rutherford, a public school teacher, sued Katonah-Lewisboro School District and two superintendents under 42 U.S.C. § 1983, alleging violations of her Fourteenth Amendment rights (substantive due process and privacy) and First Amendment right to free association. Rutherford claimed she was improperly suspended, investigated, transferred, and subjected to a gag order preventing communication with colleagues and her union representative, and that her ordered psychiatric evaluation was publicly disclosed. Defendants moved for judgment on the pleadings. The Court granted the motion for all substantive due process claims and for the First Amendment claim against individual defendants based on qualified immunity. However, Rutherford's First Amendment free association claim against the Katonah-Lewisboro School District survived the motion.

Public Employee RightsFirst AmendmentFourteenth AmendmentSubstantive Due ProcessRight to PrivacyFree AssociationQualified ImmunitySchool District LiabilityTeacher SuspensionAdministrative Leave
References
47
Case No. MISSING
Regular Panel Decision

Sutton v. Village of Valley Stream, NY

Plaintiff Raymond Sutton, Jr., an employee of the Village of Valley Stream, initiated a civil rights lawsuit against the Village and individual officials, including Mayor James Darcy, Village Attorney Patrick McKenna, and Supervisor Nicholas Camarano. Sutton, Jr. alleged that he suffered adverse employment actions, such as job reassignment, suspension of driving privileges, false accusations, and salary reductions, in retaliation for his father's political activities, thereby violating his First Amendment right to intimate association and his Fourteenth Amendment substantive due process rights. Defendants filed a motion to dismiss the complaint for failure to state a claim. The court partially granted and partially denied the motion, dismissing the substantive due process claims and the entire case against defendant Darcy based on qualified immunity, but allowing the First Amendment intimate association claim to proceed.

Civil RightsFirst AmendmentIntimate AssociationSubstantive Due ProcessRetaliationEmployment LawQualified ImmunityMotion to DismissFather-Son RelationshipMunicipal Liability
References
22
Case No. MISSING
Regular Panel Decision

Estiverne v. Esernio-Jenssen

The case involves a lawsuit against a doctor and hospitals concerning the detention and testing of an infant (A.E.) for suspected child abuse, and their role in the subsequent removal of all infant children from parental custody. Plaintiffs alleged constitutional violations under 42 U.S.C. § 1983, including procedural and substantive due process, and Fourth Amendment rights, alongside New York state common law claims for false imprisonment, malicious prosecution, medical malpractice, and gross negligence. The court granted summary judgment on procedural due process, § 1983 malicious prosecution, state law malicious prosecution, and unlawful imprisonment claims, and dismissed substantive due process claims related to A.E.'s hospital detention. However, the court denied summary judgment for Infant Plaintiffs’ Fourth Amendment claims, all plaintiffs’ substantive due process claims related to the court-ordered removal, and Infant Plaintiffs’ medical malpractice and gross negligence claims, deeming these suitable for trial.

child abusecivil rightsSection 1983Fourth AmendmentFourteenth Amendmentmedical malpracticegross negligencesummary judgmentqualified immunityparental rights
References
59
Case No. MISSING
Regular Panel Decision

Perino v. Cohen (In Re Cohen)

The plaintiff sought to amend their complaint, originally filed on June 17, 1987, which objected to the dischargeability of a debt under Section 523(a)(6) of the Bankruptcy Code. The proposed amendment aimed to increase compensatory damages from $5,000 to $10,000 and introduce a new claim for $20,000 in punitive damages, alleging violations of the New York Human Rights Law. The defendant opposed the motion, arguing bad faith, undue prejudice due to the expanded monetary claims, and the legal insufficiency of the punitive damages under New York law or its being time-barred. Citing the liberal amendment policy of Fed.R.Civ.P. 15(a), the court determined that the increase in damages or addition of a punitive claim did not automatically constitute bad faith or prejudice. Consequently, the plaintiff's motion to amend the complaint was granted, with the court allowing the plaintiff to pursue the colorable punitive damages claim, leaving the statute of limitations defense to be addressed later.

Motion to Amend ComplaintBankruptcy DischargeabilityPunitive Damages ClaimCompensatory DamagesFederal Rules of Civil Procedure 15(a)New York Human Rights LawCollateral EstoppelLegal Sufficiency of PleadingStatute of Limitations DefenseBad Faith and Prejudice
References
32
Case No. MISSING
Regular Panel Decision

In re the Lithuanian Workers' Literature Society

The Lithuanian Workers’ Literature Society appealed a Kings Special Term order denying its motion to amend its certificate of incorporation. The proposed amendment sought to broaden membership qualifications from adhering to the Socialist Party to not opposing "Marxian principles". The court scrutinized whether "Marxian principles" endorse the overthrow of government by force, which is criminal under state Penal Law. Citing Karl Marx's historical support for forceful revolutions (e.g., Paris Commune), the court concluded that these principles were broad enough to justify illegal propaganda. Furthermore, the court noted that the proposed amendment would allow retention of members advocating "direct action" by force, contrary to the Socialist Party's recently amended platform promoting constitutional methods. Consequently, the appellate court affirmed the denial of the amendment, refusing to sanction an organization whose principles could potentially endorse unlawful means.

Corporate AmendmentSocialismMarxian PrinciplesFreedom of AssociationPolitical PropagandaConstitutional LawPenal LawAppellate ReviewMembership Corporations LawDirect Action
References
6
Case No. MISSING
Regular Panel Decision

Bright-Asante v. Saks & Co.

Plaintiff Michael Bright-Asante brought an action against Saks & Company, Inc., Theo Christ, and Local 1102, alleging employment discrimination, breach of a collective bargaining agreement (CBA), retaliation, and constructive discharge. The court addressed three motions: Plaintiff's motion to amend the complaint, Saks' motion for sanctions, and Saks' motion to compel arbitration and/or dismiss the complaint. The court denied Plaintiff's motion to amend his complaint and Saks' motion for sanctions, citing that the motion to amend was not "utterly lacking in support." Saks' motion to compel arbitration for the breach of CBA claim was granted, while arbitration for statutory discrimination claims was denied, as the CBA did not clearly mandate it. Finally, the court granted Saks' motion to dismiss the race discrimination (NYCHRL) and retaliation (NYLL) claims but denied the motion to dismiss the constructive discharge claim, finding sufficient facts for the latter.

Employment DiscriminationRetaliationConstructive DischargeArbitrationCollective Bargaining AgreementRule 15 MotionRule 11 SanctionsRule 12(b)(6) Motion to DismissSection 1981NYCHRL
References
56
Case No. MISSING
Regular Panel Decision

Holtz v. E & E Drilling & Testing Co.

The Supreme Court erred in denying defendant E & E Drilling and Testing Company, Inc. (EEDT) permission to serve an amended answer. The proposed amendment sought to allege that workers' compensation benefits constitute the plaintiff's sole remedy. The appellate court ruled that leave to amend should be freely granted, and the plaintiff failed to demonstrate any prejudice. Furthermore, the court identified a factual dispute regarding the decedent's employment status at the time of the accident, which means the defendant's defense cannot be deemed meritless as a matter of law. Consequently, the original order was unanimously reversed, and the defendant's motion to serve an amended answer was granted.

Workers' Compensation BenefitsAmended PleadingsAffirmative DefensesEmployment StatusSole Remedy DoctrineAppellate ReviewProcedural ErrorLeave to AmendMaterial Issue of FactDenial of Motion
References
8
Case No. MISSING
Regular Panel Decision

Wyso v. City of New York

In a wrongful death action, plaintiffs appealed an order from the Supreme Court, Queens County, which permitted the defendant to amend its answer. The amendment sought to add an affirmative defense asserting the exclusive remedy of workers’ compensation. The defendant’s motion to amend was granted approximately three years after the initial answer was served. The court affirmed the lower court's decision, finding no abuse of discretion. It reasoned that the plaintiffs were aware of the decedent's employment status and thus could not claim surprise or prejudice. The court also clarified that the workers' compensation defense is only waived if not raised until final disposition, concluding that the defendant’s alleged delay did not preclude the amendment.

Wrongful Death ActionWorkers' Compensation DefenseAmendment of PleadingsAffirmative DefenseCPLR 3025CPLR 3205PrejudiceLachesWaiverAppellate Review
References
6
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