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Case No. 2024 NY Slip Op 01782 [226 AD3d 410]

Regular Panel Decision

Apr 02, 2024

Nunez v. SY Prospect LLC

Plaintiff Arlender Nunez successfully moved for partial summary judgment on his Labor Law § 240 (1) claim against defendant SY Prospect LLC. Plaintiff fell from an unsecured ladder while performing work, asserting SY Prospect LLC failed to provide necessary safety devices. The court found plaintiff established a prima facie case that his injuries were proximately caused by a Labor Law violation. Defendants failed to present evidence to rebut this or to support a 'recalcitrant worker defense'. The Supreme Court's order granting plaintiff's motion for partial summary judgment was unanimously affirmed by the Appellate Division.

Ladder FallLabor LawSummary JudgmentProximate CauseSafety DevicesRecalcitrant Worker DefenseConstruction AccidentUnsecured LadderBuilding Owner LiabilityAppellate Affirmation

References

Case No. ADJ7941062

Regular

Nov 17, 2016

SYED HUSAIN vs. 3M COMPANIES, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the prior decision. The Board adopted and incorporated the Workers' Compensation Judge's report, which found the applicant did not sustain injury AOE/COE for most claims. The Judge's credibility determination, based on observing witnesses, was given great weight. The applicant's contentions regarding denied due process, improper witness testimony, and unsupported findings lacked substantial evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidencedeniedSyed Husain3M CompanyOld Republic Insurance CompanySedgwick Claims Management Services

References

Case No. MISSING

Regular Panel Decision

Ahmad v. Nassau Health Care Corp.

Dr. Syed T. Ahmad sued Nassau Health Care Corporation, Anthony Angelo, and Jacob Sokol for alleged discriminatory termination based on his race, national origin, and religion, violating Title VII and the New York State Human Rights Law. Dr. Ahmad, a physician, was fired in February 2000 for allegedly intentionally misrepresenting information on his medical staff re-credentialing application, specifically regarding his termination from Southside Hospital and a pending OPMC investigation. The defendants moved for summary judgment, arguing no genuine issues of material fact. The court found that Dr. Ahmad failed to establish a prima facie case of discriminatory discharge and could not prove that the defendants' stated non-discriminatory reason (misrepresentations on the application) was a pretext for discrimination. Consequently, the defendants' motion for summary judgment was granted, dismissing the federal claims, and the state law claims were dismissed without prejudice.

Employment DiscriminationTitle VIINew York State Human Rights LawWrongful TerminationMedical Staff PrivilegesRe-credentialing ApplicationSummary JudgmentPretextDiscriminatory DischargeRace Discrimination

References

Case No. MISSING

Regular Panel Decision

Jun 25, 2001

Claim of Ritton v. AT&T—New York

Claimant appealed an amended Workers' Compensation Board decision concerning her disability rate. She had established occupational diseases including bilateral carpal tunnel syndrome, myofascial pain syndrome, thoracic outlet, and neck, arm, and shoulder injuries. Initially receiving total disability benefits, the Board later found only a mild to moderate disability for the period from March 1998 to September 1999, crediting the employer's physician, Syed Ehtisham, over the claimant's physician, Michael Lax. The court affirmed the Board's decision, finding substantial evidence to support the mild to moderate disability finding and upholding the Board's authority in resolving conflicting medical opinions.

Workers' CompensationDisability BenefitsCarpal Tunnel SyndromeMyofascial Pain SyndromeThoracic Outlet SyndromeMedical TestimonyConflicting Medical EvidenceAppellate ReviewCredibility DeterminationOccupational Disease

References

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Nunez v. SY Prospect LLC

Ladder FallLabor LawSummary JudgmentProximate CauseSafety DevicesRecalcitrant Worker DefenseConstruction AccidentUnsecured LadderBuilding Owner LiabilityAppellate Affirmation

SYED HUSAIN vs. 3M COMPANIES, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Ahmad v. Nassau Health Care Corp.

Claim of Ritton v. AT&T—New York