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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
Dec 09, 2014

CELLINO & BARNES, P.C. v. LAW OFFICE OF CHRISTOPHER J. CASSAR

This appeal arises from a dispute between two law firms concerning attorney's fees. The plaintiff law firm initially represented a client in a personal injury action. The client subsequently discharged the plaintiff and retained the defendant law firms. The plaintiff then commenced an action against the defendants in Erie County, seeking attorney's fees on a quantum meruit basis and alleging frivolous and fraudulent conduct. The defendants moved to dismiss the complaint and to transfer venue. The court granted the dismissal of the second and third causes of action related to frivolous and fraudulent conduct but affirmed the denial of dismissal for the first cause of action and the denial of the motion to transfer venue.

Attorney's FeesCharging LienQuantum MeruitLegal MalpracticeFrivolous ConductFraudMotion to DismissVenue TransferCPLR 3211CPLR 510
References
13
Case No. MISSING
Regular Panel Decision

Casale v. Reo

Plaintiff Mary Frances Casale sued the Enlarged City School District of Troy, N.Y., and its employees, alleging violations of constitutional and statutory rights. Her claims centered on retaliation for reporting teacher misbehavior, specifically citing retaliatory transfer, denial of sick leave, and denial of an extended leave of absence, in violation of Title IX, New York Human Rights Law (NYHRL), and the First Amendment. After some initial dismissals, Defendants moved for summary judgment on the remaining claims. The Court found the NYHRL claims unsupportable due to the plaintiff's admitted total disability and deemed her transfer claims either time-barred or not constituting adverse employment actions. While the denial of a sick leave bank could be an adverse action, no causal link to her protected speech was established. Consequently, the court granted summary judgment for the defendants and dismissed the entire complaint.

RetaliationFirst AmendmentTitle IXHuman Rights LawEmployment DiscriminationDisability ClaimSummary JudgmentPublic EmployeeProtected SpeechAdverse Employment Action
References
20
Case No. 2014 NY Slip Op 06183 [120 AD3d 1315]
Regular Panel Decision
Sep 17, 2014

McDonald v. Winter Bros. Transfer Station Corp.

The plaintiff, Andrew McDonald, appealed from an order of the Supreme Court, Suffolk County, which granted the defendant Winter Bros. Transfer Station Corp.'s motion for summary judgment dismissing the complaint in an action to recover damages for personal injuries. The Appellate Division, Second Department, affirmed the order, holding that the defendant established a prima facie defense under the Workers' Compensation Law. The court found that the defendant and the plaintiff's employer, Winter Bros. Waste Systems, Inc., operate as a single integrated entity, thereby extending workers' compensation protection to the defendant as an alter ego of the employer. The plaintiff failed to raise a triable issue of fact in opposition to this defense, leading to the proper dismissal of the complaint.

Alter Ego DoctrineWorkers' Compensation DefenseSummary JudgmentPersonal InjuryEmployer LiabilityIntegrated EntityAppellate DivisionSuffolk CountyTriable Issue of FactRespondent
References
8
Case No. MISSING
Regular Panel Decision

Furch v. Bucci

A firefighter for the City of Binghamton sought supplemental wage benefits under General Municipal Law § 207-a, claiming arteriosclerosis and acute myocardial infarction were job-related. After initial denials and an administrative hearing, the application was again denied. The Supreme Court partially dismissed his CPLR article 78 petition but transferred a substantial evidence question to this Court. This Court affirmed due process and the non-binding nature of a workers' compensation decision regarding arteriosclerosis. However, it ruled that respondents were bound by the workers' compensation finding that the myocardial infarction was causally related to employment. Consequently, the matter was remitted to determine the petitioner's entitlement to benefits for any period of disability solely attributable to the myocardial infarction.

Firefighter benefitsGeneral Municipal Law Section 207-aWorkers' Compensation LawCPLR Article 78Myocardial InfarctionArteriosclerosisCausal RelationDue ProcessAdministrative LawRes Judicata
References
7
Case No. MISSING
Regular Panel Decision

Santiesteban v. Nestle Waters North America, Inc.

Plaintiff James Santiesteban filed a lawsuit against Nestle Waters North America, Inc., alleging discrimination based on religion, retaliation, hostile work environment, constructive discharge under Title VII and NYSHRL, and state law claims for negligent and intentional infliction of emotional distress. Defendant moved for summary judgment on all claims. The court partially granted and partially denied the motion. Summary judgment was denied for the religious discrimination and hostile work environment claims, as the court found triable issues of fact concerning the plaintiff's demotion as an adverse employment action and evidence of discriminatory intent from supervisor comments and actions, as well as a pervasive hostile work environment. However, the court granted summary judgment for the defendant on the retaliation, denial of transfer, constructive discharge, and emotional distress claims, concluding that no materially adverse action occurred for retaliation, the transfer denial was not to an objectively better position, constructive discharge lacked proof of deliberate employer intent to force resignation, and the conduct did not meet the outrageousness standard for emotional distress.

Religious DiscriminationHostile Work EnvironmentEmployment DiscriminationSummary Judgment MotionTitle VII ClaimsNYSHRL ClaimsRetaliation ClaimsConstructive Discharge ClaimsEmotional Distress ClaimsSales Manager Demotion
References
75
Case No. MISSING
Regular Panel Decision

S & L BIRCHWOOD, LLC v. LFC Capital, Inc.

Plaintiffs, S & L Birchwood, LLC and S & L Birchwood Realty, LLC, filed a breach of contract action against LFC Capital, Inc., following a dispute over a medical equipment lease. LFC alleged default, and S&L initiated a declaratory judgment action in New York state court, which was subsequently removed to federal court. LFC moved to dismiss the complaint or, alternatively, to transfer the case to the United States District Court for the Northern District of Illinois, citing a forum-selection clause in their agreement. The court analyzed the enforceability of the clause, determining it to be mandatory due to language of 'irrevocable submission' to Illinois jurisdiction, despite not explicitly using 'must' or 'may'. Consequently, the court denied LFC's motion to dismiss but granted the request for transfer, concluding that venue was improper in the Eastern District of New York and that transfer to the Northern District of Illinois was warranted under 28 U.S.C. §§ 1404(a) or 1406(a).

Forum selection clauseBreach of contractDiversity jurisdictionTransfer of venueDismissal motionIllinois contract lawNew York jurisdictionMedical equipment leasingMandatory clause interpretationFederal Rules of Civil Procedure 12(b)(3)
References
14
Case No. MISSING
Regular Panel Decision

In re Settlement Capital Corp.

Settlement Capital Corporation (SCC) sought court approval, under New York's Structured Settlement Protection Act (SSPA), to acquire $125,000 of a $225,000 annuity payment due to Richard C. Ballos on October 1, 2010. Ballos, a totally disabled father of two, agreed to transfer these rights for a net advance of $36,500, reflecting a 15.591% annual discount rate. The court, presided over by Justice Patricia E. Satterfield, denied the petition after a hearing on April 23, 2003. The decision hinged on a two-pronged test: whether the transfer was in Ballos's 'best interest' and if the transaction terms were 'fair and reasonable.' The court found that Ballos did not demonstrate 'true hardship' given his other income sources and previous transfer of structured settlement payments, concluding it was not in his or his dependents' best interest. Furthermore, the court deemed the 15.591% discount rate, resulting in Ballos receiving only 29% of the transferred amount, unconscionable and not 'fair and reasonable.'

Structured SettlementStructured Settlement Protection Act (SSPA)Annuity TransferDiscount RateBest Interest StandardFair and Reasonable StandardPayee ProtectionFinancial HardshipCourt ApprovalGeneral Obligations Law
References
12
Case No. MISSING
Regular Panel Decision

Claim of Lauritano v. Consolidated Edison Co.

This case involves an appeal from a Workers’ Compensation Board decision regarding the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant suffered a work-related heart attack in 1992, received benefits, and the case was closed in 1997. After another heart attack and surgery in 1999, the claim was reopened in 2001. A Workers’ Compensation Law Judge initially found it was not a stale claim, but the Board reversed, transferring liability to the Special Fund. The Special Fund argued that employer payments for lost time in 1999-2000 constituted advance payments of compensation, precluding transfer. However, the court affirmed the Board's determination that these payments, made pursuant to a general sick leave plan, did not qualify as advance payments of compensation under § 25-a, thus supporting the transfer of liability to the Special Fund.

Special Fund for Reopened CasesWorkers' Compensation Law Section 25-aStale Claim DoctrineAdvance Payments of CompensationSick Leave BenefitsLiability TransferHeart Attack InjuryReopened CaseAppellate Review of Board DecisionSubstantial Evidence Standard
References
4
Case No. MISSING
Regular Panel Decision
Dec 11, 2002

Claim of Speer v. Wackenhut Corp.

The claimant sought workers' compensation benefits for mental depression, alleging it resulted from being removed from a security guard position by their employer. The Workers' Compensation Board initially ruled the injury non-compensable under Workers' Compensation Law § 2 (7), deeming it a direct consequence of lawful personnel decisions. The claimant subsequently filed applications for full Board review and reconsideration, both of which were denied by the Board. This appeal concerns the denials of those applications. The court dismissed the appeal from the May 1, 2002 denial as untimely and affirmed the December 11, 2002 denial, finding that the Board did not abuse its discretion by not requiring transcription of oral arguments before rendering its decision.

Workers' CompensationMental DepressionStress-related InjuryPersonnel DecisionsReconsideration DenialFull Board ReviewAppellate ProcedureTimeliness of AppealOral Argument TranscriptionAdministrative Discretion
References
3
Case No. MISSING
Regular Panel Decision
Apr 26, 2013

Claim of Khomitch v. Crotched Mountain Community

Claimant was injured in 2004 and received compensation through February 2007. In 2011, she sought reimbursement for medical bills and lost wages, leading to a stipulation where the carrier paid $4,750 for medical and transportation expenses (M&T). The carrier then sought to transfer liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a. The Special Fund argued the M&T payment was disguised compensation to improperly trigger the liability transfer. The Board Panel, after remittal, concluded that the Special Fund has standing to litigate if the payment was an advance payment of compensation. The Board rescinded the liability transfer to the Special Fund, without prejudice, pending further evidence. The employer and carrier appealed this decision, which was ultimately affirmed.

Workers' Compensation BoardSpecial Fund for Reopened CasesTransfer of LiabilityWorkers' Compensation Law § 25-aMedical and Transportation ExpensesAdvance Payment of CompensationStanding to LitigateClosed Case ReopeningIndemnity BenefitsBoard Panel Decision
References
7
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