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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Tiffany A.

This case concerns an appeal from a Family Court order that dismissed a petition to terminate parental rights, releasing the child, Tiffany A., to her biological mother despite admissions of permanent neglect. The Appellate Division reversed this decision, finding that the Family Court erred by not applying a 'best interests of the child' analysis solely, instead relying on a flawed legal framework that prioritized the biological mother's parental rights due to her rehabilitation efforts. The appellate court emphasized the foster parents' superior ability to care for Tiffany's special needs, given her difficult birth and developmental challenges. The matter was remitted for a new dispositional hearing before a different judge to determine Tiffany's best interests, acknowledging her recent extended stay with her biological mother.

Parental Rights TerminationChild WelfarePermanent NeglectFoster Care AdoptionBest Interests of the ChildSubstance Abuse RehabilitationFamily Court JurisdictionAppellate ReviewDispositional HearingJudicial Discretion
References
9
Case No. 2023 NY Slip Op 00081 [212 AD3d 607]
Regular Panel Decision
Jan 11, 2023

Merritt v. Wynder

Richard Merritt, an attorney, brought an action against Kenneth Wynder and the Law Enforcement Employees Benevolent Association (LEEBA) to recover legal fees, rental arrears, litigation expenses, and an unpaid loan. Merritt had previously represented Wynder in employment matters and LEEBA as its primary attorney and landlord. The Supreme Court, Suffolk County, dismissed Merritt's complaint following a nonjury trial, concluding that he had failed to prove his claims by a preponderance of the evidence. Merritt subsequently appealed this decision. The Appellate Division, Second Department, affirmed the clerk's judgment. The appellate court found that Merritt did not demonstrate his entitlement to legal fees due to ambiguities in the fee agreement, and his claims for rental arrears and the unpaid loan were deemed time-barred and lacked sufficient proof of acknowledgment. Claims for litigation fees and workers' compensation fees were also rejected, citing agreement ambiguity, absence of proof, and non-compliance with Workers' Compensation Board approval requirements.

Legal Fees DisputeBreach of ContractStatute of LimitationsAttorney-Client AgreementAppellate ReviewNonjury TrialWorkers' Compensation ClaimRental ArrearsUnpaid LoanEvidence Preponderance
References
13
Case No. 2016 NY Slip Op 06880 [143 AD3d 573]
Regular Panel Decision
Oct 20, 2016

Matter of Sharon B. v. Tiffany P.

The Appellate Division, First Department, affirmed the Family Court's decision to award sole physical and legal custody of a child to the petitioner grandmother, Sharon B. The court found that extraordinary circumstances were established, primarily due to the respondent mother, Tiffany P.'s, 28-month incarceration for selling drugs, during which the child resided with the grandmother. The child had lived with the grandmother for over 10 years and was fully bonded with her. The decision was also based on the child's best interests, as the grandmother provided a stable and loving home where the child was thriving, while the mother was unable to do so at the time.

Child CustodyGrandparent CustodyExtraordinary CircumstancesBest Interests of the ChildParental IncarcerationFamily LawAppellate ReviewCustody AwardDomestic Relations
References
5
Case No. MISSING
Regular Panel Decision
Oct 08, 2014

Billera v. Merritt Construction, Inc.

This case concerns an appeal from a Supreme Court order regarding a burst water main in Greene County. Plaintiffs Michael Billera, John Annese, and Jessica Montague sued Merritt Construction, Inc., County of Greene, and Village of Catskill for negligence after construction work by Merritt led to a persistent leak from a fire hydrant, resulting in flooding and property damage. The Supreme Court had largely ruled in favor of Merritt and the County, and denied the Village's request to assert a governmental immunity defense. On appeal, the court modified the lower court's order. It reversed the summary judgment granted to Merritt, reinstated the Village's ability to assert a governmental immunity defense, and reinstated the Village's cross-claims for contribution and common-law indemnification against Merritt, while affirming the decision as modified.

Governmental ImmunityProprietary FunctionWater System NegligenceConstruction LiabilitySummary Judgment AppealCross-ClaimsIndemnificationMunicipal Water SupplyFirefighting CapabilityProperty Damage
References
26
Case No. MISSING
Regular Panel Decision

Merritt v. Colvin

Christina Merritt challenged the Commissioner of Social Security's denial of her disability insurance benefits. Merritt, who suffered from bilateral carpal tunnel injuries, degenerative knee conditions, and obesity, appealed multiple unfavorable decisions by administrative law judges. The District Court reviewed the hearing officer's decision, affirming it. The court found that the hearing officer properly developed the record and that the residual functional capacity finding was supported by substantial evidence. The court also upheld the hearing officer's credibility determination of Merritt's testimony and the step-four determination regarding her ability to perform past work.

Social Security DisabilityDisability Insurance BenefitsCarpal Tunnel SyndromeResidual Functional CapacityAdministrative Law Judge DecisionAppeals Council RemandMedical EvidenceCredibility DeterminationVocational ExpertJudicial Review
References
18
Case No. MISSING
Regular Panel Decision

Tiffany & Co. v. Costco Wholesale Corp.

This Memorandum Opinion and Order addresses post-trial motions in a trademark infringement and counterfeiting case brought by Tiffany against Costco. The Court granted summary judgment finding Costco liable for using "Tiffany" as a standalone term on engagement ring signage. Following a jury trial on monetary recovery, the Court, treating the jury's profit verdict as advisory, upheld a $3.7 million profit award, trebled it to $11.1 million due to Costco's willful infringement, and affirmed an $8.25 million punitive damages award. The Court also issued a permanent injunction prohibiting Costco from using the "Tiffany" mark as a standalone term for non-Tiffany products.

Trademark InfringementTrademark CounterfeitingLanham ActPunitive DamagesProfits AccountingInjunctionSouthern District of New YorkJury Verdict AdvisoryWillful InfringementTreble Damages
References
20
Case No. MISSING
Regular Panel Decision

In re Tiffany M.

This opinion addresses two child sexual abuse proceedings, Matter of Tiffany M. and Matter of Allison C., focusing on the appropriateness of a 'second' expert validation interview. In Tiffany M.'s case, a 1.5-year-old child alleged physical and sexual abuse by maternal grandparents and neglect by her mother. The child was found to be emotionally fragile and in need of therapy. In Allison C.'s case, a 4.5-year-old child was allegedly sexually abused by her mother's boyfriend, with the mother failing to protect her, amidst a contentious parental divorce. The judge weighed factors including potential trauma to the child, pretrial context, the neutrality of the initial validator, and the proposed expert's qualifications. Ultimately, the application for a second validator was denied for Tiffany M. to prevent further trauma, while it was granted for Allison C. given the complex marital dispute context and concerns over the perceived neutrality of the initial validator, who was retained by the prosecuting District Attorney’s Office.

Child sexual abuseValidation interviewExpert witness testimonyFamily Court proceedingsCPLR procedureChild traumaExpert neutralityPretrial litigationLaw Guardian roleIntervenor father
References
10
Case No. MISSING
Regular Panel Decision

Dryden v. Tiffany & Co.

Plaintiff Ms. Dryden, an Asian woman in her late 40s, sued Tiffany & Company for discrimination based on age and race under Title VII, ADEA, and New York State/City law after her termination in July 1993. Tiffany claimed she was fired due to declining performance and repeated security violations, while Ms. Dryden alleged these reports began after a job-related injury and denied prior knowledge of some policies. The court found insufficient evidence for age discrimination, as Ms. Dryden was replaced by an older employee, Ms. Nan Craver. However, the racial discrimination claim proceeded, as evidence suggested Ms. Dryden might have received stricter scrutiny than Caucasian employees regarding security compliance. The court granted Tiffany's motion for summary judgment on the age discrimination claims but denied it for the racial discrimination claims, allowing the latter to proceed.

Age DiscriminationRacial DiscriminationTitle VII ClaimsADEA ClaimsSummary Judgment MotionEmployment TerminationSecurity Policy ViolationPrima Facie CasePretext of DiscriminationDisparate Treatment
References
10
Case No. MISSING
Regular Panel Decision
Jul 17, 2002

Greene Avenue Associates v. Cardwell

This holdover proceeding concerned a petitioner's attempt to evict Jessie Cardwell, a senior citizen, from her HUD Section 202 subsidized apartment for allegedly violating lease terms by housing her adopted daughter, Tiffany Ann Cardwell, and misrepresenting household composition. The court found that Tiffany's occupancy could not be a basis for termination due to anti-discrimination laws and Real Property Law § 235-f, and that the landlord had knowledge of Tiffany's presence, creating a waiver or estoppel. Crucially, the court determined that Ms. Cardwell did not commit "fraud" as defined by HUD Handbook 4350.3, because her actions were not to gain an advantage dishonestly but to avoid an unlawful discriminatory refusal of occupancy. Consequently, both the petitioner's holdover petition and the respondent's counterclaim for frivolous conduct were dismissed.

Holdover ProceedingHUD Section 202Section 8 ProgramSenior Citizen HousingOccupancy RestrictionsFamilial Status DiscriminationLease ViolationMaterial NoncomplianceTenant FraudWaiver and Estoppel
References
43
Case No. MISSING
Regular Panel Decision

In re Eric CC.

The case involves an appeal by respondents Eric EE. and Elizabeth CC. from Family Court orders adjudicating their children, Eric CC. and Tiffany CC., as abused and/or neglected, and issuing orders of protection. The petitions alleged severe, life-threatening fractures in their six-week-old son, Eric. The Family Court determined the parents caused Eric's injuries, rejecting their "temporary brittle bone disease" defense, and found Tiffany also neglected due to the risk of harm. The appellate court affirmed, citing strong prima facie proof of child abuse and neglect through expert medical testimony, which respondents failed to sufficiently rebut. The court emphasized the credibility findings of the Family Court and the sufficiency of evidence to support the findings of abuse and neglect.

Child AbuseChild NeglectFracturesBlunt-Force TraumaTemporary Brittle Bone DiseaseAppellate ReviewFamily Court Act Article 10Medical Expert TestimonyWitness CredibilityOrders of Protection
References
6
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