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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

Galloway v. Tenth City Associates

Plaintiff, an employee of Tishman Construction Company, sustained an injury while working at a building owned by Tenth City Associates and Bevin D. Koeppel. He fell when a block of wood he was using as a step to access a setback area slid out from under him. The action alleged violations of Labor Law § 240 (1) and § 241 (6). The court determined that the incident did not constitute an 'elevation-related' hazard under Labor Law § 240 (1), thus dismissing that claim. However, the cause of action based on Labor Law § 241 (6), which requires construction areas to provide reasonable safety, was deemed viable.

Workers' CompensationConstruction AccidentSlip and FallElevation HazardLabor Law § 240Labor Law § 241Statutory InterpretationPremises LiabilitySubcontractor LiabilityImpleader
References
3
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. 03-14-00738-CV
Regular Panel Decision
Jun 12, 2015

Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.

The Appellees and Cross-Appellants, RLJII-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RJL Lodging Fund II Acquisitions, LLC, filed an unopposed motion to amend their Appellees' Brief. The amendment seeks to correct a sentence fragment on page 5 of their brief by adding ten omitted words. The omission occurred due to an error during the final preparation of the brief, where a phrase was accidentally deleted during a copy-and-paste operation and was not detected until after the brief was filed. Counsel for the Appellant and Cross-Appellee is not opposed to the requested amendment. The motion requests that the court grant leave to amend and accept the Amended Appellees' Brief for filing.

Motion to Amend BriefSentence Fragment CorrectionAppellate ProcedureUnopposed MotionBrief AmendmentCivil ProcedureContract LawAttorney's FeesStanding to SueAssignment of Contract
References
168
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

Hall v. Environmental Chemical Corp.

Plaintiff Hall originally sued Defendant Environmental Chemical Corp. for personal injuries under the Jones Act and general maritime law, which were dismissed via summary judgment. Plaintiff then moved to alter judgment, amend the complaint to include LHWCA Section 905(b) and negligence claims, and for a new trial. The Court denied relief under LHWCA Section 905(b), ruling the craft was not a vessel for such purposes, and also denied the motion for a new trial. However, the Court granted leave for Plaintiff to amend the complaint to pursue a general negligence claim, converting the final judgment into a partial summary judgment. Defendant's motion for sanctions was denied.

Jones ActGeneral Maritime LawLHWCA Section 905(b)Vessel DefinitionSummary JudgmentMotion to Alter JudgmentMotion for Leave to AmendMotion for New TrialMotion for SanctionsNegligence Claim
References
7
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. 2020-04-0228
Regular Panel Decision
Jul 29, 2021

Ray, Jr. Kenneth v. Rollins, Inc.

This case concerns Kenneth Ray, Jr.'s motion to alter or amend a final judgment regarding the amortization of his workers' compensation award and its offset against Social Security disability benefits, pursuant to Tennessee Code Annotated section 50-6-207. The employer, Rollins, Inc., and the Subsequent Injury Fund had no objections to the proposed amendment. The Court granted the motion, amending the prior order to include details on the calculation of Mr. Ray's lump-sum award of $440,368.02 and its amortized monthly benefit of $863.46. This calculation was based on Mr. Ray's life expectancy of 42.5 years at the time of maximum medical improvement. The amended order clarifies the maximum monthly set-off for Social Security or other disability benefits under the specified Tennessee statute.

Workers' CompensationCompensation HearingBenefitsSocial Security OffsetAmortizationLump-Sum AwardFinal JudgmentMotion to AlterLife ExpectancyMortality Tables
References
0
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
Case No. MISSING
Regular Panel Decision

Matter of Corwin v. City of New York

Ronald Corwin was injured in a Citi Bike accident due to an unpainted concrete wheel stop. He initially filed a notice of claim alleging the City's negligence in installing and maintaining the wheel stop. Later, he sought to amend his claim to include a 'design claim' (negligent infrastructure design) and a 'helmet claim' (negligent failure to provide helmets system-wide). The motion court denied the amendment. On appeal, the majority of the court denied the motion to amend but granted leave to file a late notice for both the design and helmet claims. Judge Andrias dissents in part, agreeing with the denial of the amendment and the granting of the design claim, but arguing that the helmet claim should not be granted due to lack of reasonable excuse for delay and the City's lack of actual prior notice.

Notice of ClaimGeneral Municipal LawLate Notice of ClaimAmendment of ClaimNegligenceDesign ClaimHelmet ClaimPersonal InjuryBicycle AccidentActual Notice
References
23
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