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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
May 05, 1982

Glielmi v. Toys R Us, Inc.

Angelo Glielmi, a general laborer for Melito Construction Corporation, was injured after falling from a ladder while attempting to repair a chimney at a Toys “R” Us store, leased from the Friedman group. He brought an action alleging failure to provide a safe place to work under Labor Law Section 240. A jury found in favor of Glielmi, apportioning 75% liability to Melito and 25% to Toys and the Friedman group jointly. The judgment was modified on appeal to grant Toys and the Friedman group full contractual indemnity against Melito, based on a clause in their construction contract. The court affirmed the judgment as modified, ultimately placing full financial responsibility on Melito.

Personal InjuryIndemnity ClaimLabor Law § 240Absolute LiabilityContractual IndemnityConstruction AccidentLadder AccidentSafe Place to Work DoctrineApportionment of LiabilityJury Verdict Review
References
2
Case No. MISSING
Regular Panel Decision

Briger v. Toys R Us

The case involves an appeal from an order granting summary judgment to defendants in a personal injury lawsuit. The plaintiff, an employee at Toys R Us, sustained a back injury on December 17, 1994, due to a co-worker, Karen Pohl, playfully sticking her foot out. The plaintiff sued for negligence and intentional assault. The Supreme Court dismissed both claims, ruling that the injury resulted from horseplay within the scope of employment, making it compensable under Workers' Compensation Law, and that there was no intent to cause injury for the assault claim. The appellate court affirmed this decision, upholding the dismissal of the complaint in its entirety.

HorseplayWorkers' Compensation LawNegligenceIntentional AssaultSummary JudgmentScope of EmploymentCo-employee InjuryBack InjuryAppellate CourtEmployment Law
References
6
Case No. ADJ8649665
Regular
Mar 03, 2016

DONALD ALCANTAR vs. TOYS R US, ZURICH INSURANCE COMPANY

This case involves a petition for reconsideration filed by Donald Alcantar concerning a workers' compensation claim against Toys R Us and Zurich Insurance Company. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report from the workers' compensation administrative law judge (WCJ). For the reasons stated in the WCJ's report, which the WCAB adopted and incorporated, the Board has denied Alcantar's petition for reconsideration. The order denying reconsideration was issued on March 3, 2016.

WCABDonald AlcantarToys R UsZurich Insurance CompanyADJ8649665Petition for ReconsiderationWCJ reportadministrative law judgeorder denying reconsiderationSan Francisco
References
0
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. MISSING
Regular Panel Decision

In re Breanna R.

The Family Court, Erie County, dismissed a petition alleging that the respondent father sexually abused his three children. On appeal, the order was unanimously reversed. The Appellate Division found that the out-of-court statements of the two oldest children describing incidents of sexual abuse by the father were sufficiently corroborated by validation testimony from a licensed psychologist, testimony from a CPS caseworker, age-inappropriate knowledge of sexual matters by the children, cross-corroborating accounts, and consistent behaviors. Consequently, Breanna R. and Giovanna R. were found to be abused children, and Giulianna R. was found to be a neglected child. The matter was remitted to Family Court, Erie County, for a dispositional hearing before a different judge.

child abusechild neglectsexual abuseFamily Court Actcorroborationout-of-court statementsvalidation testimonypsychological testingappellate reviewreversal
References
8
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

M.S. ex rel. R.R. v. New York City Department of Education

Plaintiff M.S., individually and on behalf of her autistic son R.R., brought an action against the New York City Department of Education under the Individuals with Disabilities Education Act (IDEA). M.S. sought tuition reimbursement for R.R.’s unilateral private school placement after challenging the adequacy of the Department’s proposed Individualized Education Program (IEP). An Impartial Hearing Officer (IHO) initially sided with M.S., but a State Review Officer (SRO) reversed this decision, finding the IEP compliant with IDEA. In the federal district court, M.S. appealed the SRO's decision. The court, affording due deference to the SRO's expertise, upheld the SRO's finding that the Department’s IEP was both procedurally and substantively adequate, thereby denying M.S.'s motion for summary judgment and granting the Department's cross-motion, dismissing the complaint.

Individuals with Disabilities Education ActSpecial EducationAutismTuition ReimbursementIndividualized Education ProgramDue ProcessAdministrative AppealSummary JudgmentEducational LawDisability Rights
References
30
Case No. 2020 NY Slip Op 07642
Regular Panel Decision
Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law
References
6
Case No. 2015 NY Slip Op 08350
Regular Panel Decision
Nov 17, 2015

Matter of Edubilio Andre R. (Andre R.)

The Appellate Division, First Department, affirmed the Family Court's orders of fact-finding and disposition, which determined that the respondent father, Andre R., permanently neglected his children. The Family Court had properly excused the petitioner agency, Cardinal McCloskey Community Services, from its duty to exercise diligent efforts for reunification. This decision was based on the father's felony conviction for sexual abuse, prior findings of sexual abuse against his daughter and medical neglect of his son, and expert testimony indicating that reunification would be traumatic for the children. The court noted the father's failure to participate in services or sexual offender programs while incarcerated. Additionally, appeals from the dispositional portions of the orders were dismissed due to the father's default at the hearings.

Child NeglectPermanent NeglectParental Rights TerminationSexual AbuseMedical NeglectDiligent Efforts ExcuseFamily Court AppealAppellate Division First DepartmentBest Interests of the ChildDefault at Dispositional Hearing
References
3
Case No. MISSING
Regular Panel Decision

John R. v. State of New York Office of Children and Family Services

Petitioners Patricia R. and John R. were 'indicated' for child maltreatment after their children had continued contact with an uncle who had sexually abused their oldest daughter. Despite being explicitly instructed by a child protective services caseworker to prevent any contact, the children reported seeing and greeting the uncle. Patricia R. even sent the youngest child to the uncle's apartment. The petitioners challenged this determination in a CPLR article 78 proceeding, requesting the report be amended to unfounded. However, the court confirmed the determination, finding substantial evidence that the children's physical, mental, or emotional condition was impaired or in imminent danger due to the petitioners' failure to exercise a minimum degree of care in supervision.

Child MaltreatmentChild AbuseSexual AbuseParental NeglectFailure to SuperviseCPLR Article 78Administrative ReviewSubstantial EvidenceFamily LawChild Protection
References
5
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