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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

O'Connor v. Roman Catholic Diocese of Rockville Centre

The plaintiff appealed an order from the Supreme Court, Nassau County, which granted the defendant’s motion to transfer a personal injury action from Bronx County to Nassau County. The plaintiff had initially placed venue in Bronx County based on his alleged residence at the time of commencement in December 1994. However, discovery revealed that Workers’ Compensation documents indicated the plaintiff had changed his address to Suffern, Rockland County, in July 1994, meaning he did not reside in Bronx County when the action was commenced. The defendant subsequently moved to transfer the action, citing the plaintiff's true residence and the inconvenience to material witnesses of a trial in Bronx County. The appellate court affirmed the order, concluding that the plaintiff resided in Rockland County at the time the action commenced and that the defendant had promptly moved to change venue after ascertaining the plaintiff’s actual residence.

Personal InjuryVenue TransferChange of VenueAppellate ReviewCPLRResidence DisputeWorkers' Compensation DocumentsNassau County Supreme CourtBronx CountyRockland County
References
2
Case No. MISSING
Regular Panel Decision

Scarbrough v. Murrow Transfer Co.

This case consolidates two wrongful death lawsuits filed by Mrs. Alberta Scarbrough and Claud Nolan against Murrow Transfer Company and Billy Ray Burge, stemming from a fatal motor vehicle accident on September 17, 1966. The accident, which resulted in the deaths of Randolph Scarbrough and Jimmy Ray Nolan, occurred when Burge, driving a tractor-trailer for Murrow Transfer, negligently crossed into the opposing lane, causing a collision with a United States Job Corps bus. The court found Burge and Murrow Transfer liable for negligence. Additionally, a third-party action for indemnity or contribution by the defendants against the United States of America was dismissed, with the court ruling that the Federal Employees Compensation Act provided the exclusive remedy for claims against the U.S. related to the Job Corps members' deaths. The plaintiffs were each awarded $28,000 in damages.

Motor Vehicle AccidentWrongful DeathNegligenceRespondeat SuperiorThird-Party ActionIndemnityContributionFederal Employees Compensation ActJob CorpsDamages
References
3
Case No. 90 Civ. 8473, 92 Civ. 3900, 92 Civ. 3901
Regular Panel Decision

Asbestos Litigation

Defendant Raymark Industries, Inc. moved to dismiss, stay, or transfer four of six consolidated asbestos actions. The plaintiffs in these actions (Greff, Moore, McPadden, Strafford, Ciletti, Conway) alleged exposure to asbestos causing diseases like mesothelioma and lung cancer. Raymark based its motion on claims of insufficient service of process, ineffective amendment of complaints to include Raymark as a defendant, and the applicability of abstention doctrine due to parallel state court proceedings for Ciletti and Strafford. The court denied all aspects of Raymark's motion. It found that the plaintiffs had complied with service requirements under New York Business Corporation Law § 307 and that the amendment adding Raymark as a defendant was authorized by a standing Case Management Order for asbestos litigation, overriding the need for specific court leave. Furthermore, the court determined that the conditions for federal abstention under the Colorado River doctrine were not met, upholding the federal court's obligation to exercise its jurisdiction. The court also clarified that Raymark was indeed joined to the Greff and Moore actions through a prior consolidation order, despite Raymark's bankruptcy stay arguments.

Asbestos LitigationMultidistrict LitigationMotion to DismissService of ProcessAmended ComplaintFederal Rules of Civil Procedure 15(a)Abstention DoctrineColorado River AbstentionParallel State and Federal ProceedingsJurisdiction
References
20
Case No. MISSING
Regular Panel Decision

In Re the Complaint of American President Lines, Ltd.

This case involves two related limitation proceedings (the "APL Action" and the "Hanjin Action") arising from a vessel collision in Korean waters between the President Washington (owned by American President Lines, Ltd. - APL) and the Hanjin Hong Kong (chartered by Hanjin Shipping Company Ltd. and owned by Highlight Navigation Corporation). The U.S. District Court, Southern District of New York, presided by Judge SWEET, addressed motions concerning forum non conveniens, transfer of venue, and choice of law. The Court granted APL's motions for summary judgment, dismissing Hanjin's affirmative defenses regarding forum non conveniens and venue transfer in the APL Action, and striking (with leave to replead) Hanjin's defense concerning Korean law. Concurrently, the Court denied Hanjin's motion to dismiss the Hanjin Action on forum non conveniens grounds, concluding that the balance of private and public interest factors did not strongly favor dismissal to a foreign forum or transfer to the Western District of Washington.

Admiralty LawMaritime LawVessel CollisionLimitation of LiabilityForum Non ConveniensTransfer of VenueChoice of LawCargo ClaimsInternational ShippingKorean Law
References
32
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. 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

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. 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. 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. 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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