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

Case No. 87 Civ. 8085, 88 Civ. 4214, 90 Civ. 3473, 92 Civ. 3900, 92 Civ. 3901
Regular Panel Decision

In re Asbestos Litigation

Plaintiffs in five separate asbestos tort actions moved to consolidate their claims for trial, citing common questions of law and fact under Rule 42(a), Fed.R.Civ.P. The cases involve deceased individuals who allegedly contracted mesothelioma and/or lung cancer from asbestos exposure. District Judge Sweet considered the established eight-factor test, including common worksites, similar occupations, overlapping exposure periods (1940-1986), the nature of the diseases, and common counsel. The court found substantial similarities among the cases, concluding that consolidation would achieve significant economy by eliminating repetitive testimony and facilitating a fairer comparison of worksites. Consequently, the motion to consolidate the five actions was granted.

Asbestos LitigationMass Toxic TortsConsolidation of ActionsFederal Rule of Civil Procedure 42(a)MesotheliomaLung CancerCommon WorksiteSimilar OccupationTime of ExposureDeceased Plaintiffs
References
10
Case No. Index No. 116319/02; Index No. 401735/03; Index No. 116290/02; Index No. 121701/02; Index No. 103630/03
Regular Panel Decision

Daly v. Port Authority

This opinion consolidates 26 tort actions arising from the clearance of the World Trade Center site, primarily brought by demolition workers and a police officer alleging Labor Law violations. Defendants, including the City of New York and the Port Authority, asserted immunity under the New York State Defense Emergency Act (SDEA) and the Natural Disaster and Man-Made Disaster Preparedness Law. The court determined that SDEA immunity applied to injuries sustained up to September 29, 2001, the date the search for survivors concluded, considering this period as "essential debris clearance" under civil defense. Consequently, four specific actions (Feal, Hickey, Luge, Murphy) were dismissed. The court further analyzed immunity under Executive Law § 25 (5), concluding it grants immunity to the City for discretionary functions but does not exempt it from mandatory Labor Law duties.

World Trade CenterSeptember 11 AttacksTort ActionsStatutory ImmunityState Defense Emergency ActCivil DefenseLabor Law ViolationsWorksite AccidentsDebris ClearanceDiscretionary Function Immunity
References
42
Case No. MISSING
Regular Panel Decision

Hirsch v. Mastroianni

In a wrongful death action, the plaintiff, Hirsch's widow, appealed an order from the Supreme Court, Suffolk County, that granted the defendant's motion for summary judgment. The lower court dismissed the complaint, ruling the action was barred by Workers’ Compensation Law § 29 (subd 6), and denied the plaintiff's cross-motion to dismiss this affirmative defense. The factual background involved co-employees Hirsch and Di Stefano, where Di Stefano shot Hirsch to death and then committed suicide. The appellate court reversed the order, finding that Di Stefano was not acting within the scope of his employment, thus making the Workers’ Compensation Law's exclusive remedy provision inapplicable. Citing Maines v Cronomer Val. Fire Dept., the court clarified that the law does not bar tort actions against co-employees for acts outside the scope of employment or for intentional torts, and an insane person is liable for their torts.

Wrongful DeathWorkers' Compensation LawCo-employee LiabilityScope of EmploymentIntentional TortNegligenceSummary JudgmentAppellate ReviewExclusive RemedyCPLR 3211
References
4
Case No. MISSING
Regular Panel Decision
Jun 26, 1995

Vasarhelyi v. New School for Social Research

Plaintiff Marina Vasarhelyi, former Controller and Treasurer of The New School for Social Research, questioned President Jonathan Fanton's financial practices and hiring decisions. In response, Fanton initiated an investigation into a leaked confidential memorandum, singling out Vasarhelyi for hostile interrogation by criminal attorneys. When she requested a witness for further questioning, Fanton suspended and subsequently terminated her employment. Vasarhelyi sued for intentional infliction of emotional distress, defamation, and prima facie tort. The Supreme Court initially dismissed the complaint, but the appellate court modified the judgment, reinstating the cause of action for intentional infliction of emotional distress, while affirming the dismissal of the defamation and prima facie tort claims.

Intentional Infliction of Emotional DistressDefamationPrima Facie TortEmployer RetaliationWrongful TerminationAbuse of PowerHostile Work EnvironmentEmployee InterrogationAppellate ReviewJudgment Modification
References
15
Case No. Action No. 1
Regular Panel Decision

Felicciardi v. Town of Brookhaven

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. MISSING
Regular Panel Decision

Burns Jackson v. Lindner

This case involves a class action lawsuit brought by professional and business entities in Manhattan against various unions and their officers, including the Transport Workers Union (TWU), Amalgamated Transit Union (ATU), and George Link. The plaintiffs sought damages resulting from an 11-day mass transit strike in April 1980 in New York City. The complaint asserted causes of action based on prima facie tort, public nuisance, and third-party beneficiary breach of contract. The defendants moved to dismiss the complaint for failure to state a cause of action. The court denied the motion to dismiss for the prima facie tort and public nuisance claims, concluding that illegal public employee strikes could give rise to private causes of action for damages. However, the motion to dismiss the third-party beneficiary breach of contract claim was granted, as the court found the collective bargaining agreement did not primarily intend to benefit the public to allow private enforcement for consequential damages.

Mass Transit StrikePublic EmployeesLabor DisputePrima Facie TortPublic NuisanceDamagesClass ActionMotion to DismissTaylor LawUnion Liability
References
44
Case No. MISSING
Regular Panel Decision

Prave v. State

The State of New York appealed 17 separate orders from the Court of Claims that denied its motion for summary judgment in actions alleging intentional assault stemming from the Attica uprising. The State contended that the claimants' acceptance of workers' compensation benefits barred their intentional tort claims, constituting an election of remedies. Claimants argued they never applied for benefits and should not be bound by such an election. The Appellate Division held that accepting benefits, even if initiated by the employer, generally precludes a subsequent tort action if the Workers' Compensation Board determined the injuries were compensable. To pursue their tort claims, claimants must first seek to rescind the Board's prior determination that their injuries were accidental. Therefore, the Court unanimously reversed the lower court's orders, granted summary judgment to the State, and dismissed the claims without prejudice for claimants to seek a redetermination from the Workers' Compensation Board.

Attica UprisingWorkers' CompensationIntentional TortExclusive RemedySummary JudgmentCollateral AttackWorkers' Compensation BoardRescission of AwardElection of RemediesCourt of Claims
References
6
Case No. MISSING
Regular Panel Decision

Jamur Productions Corp. v. Quill

This case involves multiple actions seeking damages from labor unions following the 1966 New York City transit strike. The defendants, referred to as "the Unions," moved for dismissal of all complaints due to legal insufficiency. Plaintiffs asserted various claims, including intentional violation of the Condon-Wadlin Act and a court injunction, prima facie tort, and breaches of human rights and contractual theories. The court granted the defendants' motions, ruling that the Condon-Wadlin Act does not create a private right of action for damages. It further determined that the alleged damages were too remote and indirect to sustain claims of prima facie tort, and that claims based on human rights declarations, stock diminution, and contract were without merit. The decision emphasizes that remedies for the general public regarding public employee strikes must originate from legislative action rather than judicial adjudication.

Transit StrikePublic EmployeesLabor UnionsCondon-Wadlin ActPrima Facie TortStatutory InterpretationCivil LiabilityRemote DamagesInjunction ViolationCollective Bargaining
References
13
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Sep 30, 1997

Sidor v. Zuhoski

This case involves appeals from an order concerning two related actions: one for personal injuries (Action No. 1) and another for wrongful death (Action No. 2). Joseph and Gregory Zuhoski appealed the denial of their motion for summary judgment seeking to dismiss the complaint in Action No. 1. Separately, Colin Van Tuyl, as Executor of the Estate of Janet A. Van Tuyl, and Brianna and Colin Van Tuyl, individually, appealed both the denial of the Zuhoskis' motion and the granting of Martin Sidor & Sons, Inc.'s motion to amend its answer in Action No. 2. The Appellate Division affirmed the order, noting the trial court's sound discretion in granting leave to amend pleadings, particularly when the failure to deny allegations was an inadvertent mistake. Furthermore, the court found an issue of fact regarding Gregory Zuhoski's employment status at the time of the accident, which justified the denial of the Zuhoskis' motion for summary judgment.

Personal InjuryWrongful DeathSummary JudgmentAppealPleading AmendmentDiscretion of Trial CourtWorkers' Compensation LawScope of EmploymentAppellate DivisionSuffolk County Litigation
References
12
Case No. Action No. 2
Regular Panel Decision

Koren v. Zazo

David Koren, plaintiff in Action No. 2, sued Vivaldi, Inc. following a motor vehicle accident, alleging John Zazo, the driver, was a Vivaldi employee acting within the scope of his employment. Vivaldi moved for summary judgment, asserting Zazo was an independent contractor. Vivaldi provided evidence of Zazo's compensation by commission, self-sourced clients, lack of expenses or benefits, and 1099 tax form issuance, consistent with independent contractor status. The court found this evidence sufficient to establish Zazo as an independent contractor, thereby absolving Vivaldi of liability for his negligent acts. Consequently, the Supreme Court's order denying summary judgment to Vivaldi and third-party defendant Ford Motor Credit Company was reversed, leading to the dismissal of both the complaint and third-party complaint in Action No. 2.

Independent ContractorEmployer-Employee RelationshipSummary JudgmentMotor Vehicle AccidentVicarious LiabilityNegligencePersonal InjuryAppellate DivisionNew York Law1099 Tax Form
References
6
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