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

Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. MISSING
Regular Panel Decision

Thompson v. Roland (In Re Roland)

This post-trial decision concerns an adversary proceeding initiated by the plaintiff, Marjorie Thompson, Esq., against her former husband, the debtor, in a Chapter 7 bankruptcy case. The plaintiff sought to declare the debtor's obligation to pay her attorney's fees non-dischargeable under 11 U.S.C. § 523(a)(5) or (a)(15). These fees stemmed from state court litigation where the plaintiff compelled the debtor to cooperate in the sale of a jointly owned property, and from the current bankruptcy proceedings. The court analyzed whether an enforceable right to attorney's fees existed under the parties' separation agreement's indemnification clause. It concluded that the indemnification provisions did not cover the specific breach committed by the debtor, thus failing to establish a contractual right to attorney's fees. As a result, the court ruled there was no "debt" to be deemed non-dischargeable and dismissed the adversary proceeding on its merits.

Bankruptcy LawNon-Dischargeability of DebtAttorney's FeesSeparation AgreementIndemnification ClauseContract InterpretationRooker-Feldman DoctrineStipulation of LawChapter 7Adversary Proceeding
References
25
Case No. MISSING
Regular Panel Decision

Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers International

Plaintiff Drake Bakeries, Incorporated, initiated a lawsuit to recover damages for an alleged breach of a "no-strike provision" within a collective bargaining agreement, pursuant to Section 301(a) of the Labor-Management Relations Act. The defendant subsequently filed a motion to stay the trial, seeking to compel arbitration as outlined in the collective bargaining agreement and permitted by the United States Arbitration Act. The plaintiff opposed this motion, arguing that the arbitration provision was permissive, that the union waived its arbitration rights by striking, and that the defendants had waived their rights by failing to initiate arbitration. The Court, however, found no merit in the plaintiff's arguments, concluding that the arbitration provisions were mandatory, a breach of contract does not automatically waive arbitration rights, and the defendants did not waive their rights since the plaintiff, as the aggrieved party, had not attempted to initiate arbitration. Consequently, the Court enforced the arbitration agreement and granted the defendant's motion to stay further proceedings in the suit.

ArbitrationCollective Bargaining AgreementNo-Strike ClauseStay of ProceedingsLabor-Management Relations ActUnited States Arbitration ActContract EnforcementWaiverGrievance ProcedureMandatory Arbitration
References
4
Case No. MISSING
Regular Panel Decision

Galvin v. National Biscuit Co.

This is an appeal from an order denying the defendant's motion to vacate a notice of examination before trial. The court unanimously affirmed the order, with twenty dollars in costs and disbursements. The decision explicitly states "No opinion" on the merits of the case. The date for the examination to proceed is to be determined and fixed in a subsequent order. This order will be settled on notice.

Examination Before TrialMotion to VacateOrder AffirmedCosts and DisbursementsPre-trial Discovery
References
0
Case No. MISSING
Regular Panel Decision

Jo v. JPMC Specialty Mortg., LLC

Mee Jin-Jo (now deceased and represented by her daughter Billian Jo) filed a pro se lawsuit against JPMC Specialty Mortgage, LLC, alleging improper retention of property after her eviction. Following a jury verdict of "no cause of action," Plaintiff filed a motion for a new trial under Rule 59 of the Federal Rules of Civil Procedure. The Court addressed Plaintiff's grievances concerning evidentiary rulings, consistency between in limine rulings and trial decisions, the presence of a corporate representative, proper service of discovery documents, opportunity to review deposition transcripts, judicial conduct, and the admissibility of new evidence and lay opinion testimony. The Court denied the motion, concluding that Plaintiff failed to demonstrate that a new trial was warranted.

Motion for New TrialRule 59 FRCPEvidentiary RulingsJury VerdictHarmless ErrorCorporate RepresentativeDeposition TranscriptLay Opinion TestimonyFederal Rules of EvidenceJudicial Discretion
References
50
Case No. MISSING
Regular Panel Decision
Aug 07, 2007

Drake v. Woods

Paris Drake petitioned for a writ of habeas corpus, challenging his New York state conviction for Assault in the First Degree and Criminal Possession of a Weapon in the Third Degree. Drake argued that the trial court violated his due process right to a fair trial and his Sixth Amendment right of confrontation by refusing to recall a witness (Carl Fortner) and by not inspecting a witness's (Witness A) psychiatric records or allowing cross-examination on her mental health. The court first addressed procedural default, finding that state appellate courts did not clearly rely on procedural bars. On the merits, the court denied both grounds for relief, concluding that the trial court's evidentiary rulings were not erroneous and did not deprive Drake of a fundamentally fair trial or his confrontation rights, as the jury had sufficient information to assess witness credibility.

Habeas CorpusSixth AmendmentDue ProcessConfrontation ClauseEyewitness IdentificationPsychiatric RecordsCross-ExaminationProcedural DefaultEvidentiary RulingsAssault First Degree
References
105
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. MISSING
Regular Panel Decision
Sep 03, 1982

Cerrato v. Thurcon Construction Corp.

This case concerns a construction worker (plaintiff) who sustained serious injuries and sued 211 Thompson Corp. (owner) and Thurcon Construction Corp. (general contractor). Defendant 211 Thompson Corp. raised an affirmative defense of lack of personal jurisdiction due to improper service of process. After the Statute of Limitations had expired, plaintiff moved to strike this defense, while 211 cross-moved to dismiss the action as time-barred. Special Term referred the issue of service validity to a referee, but the plaintiff argued for a jury trial on this factual issue. The Appellate Division, Supreme Court, New York County, modified Special Term's order, directing a jury trial on the validity of the service, while otherwise affirming the original determination. The dissenting opinion argued that the right to a jury trial should not be conditioned on the stage of proceedings or the impact of dismissal on the Statute of Limitations, and furthermore, considered the question of authority to accept service as one of law, not fact.

Jury TrialService of ProcessPersonal JurisdictionStatute of LimitationsAffirmative DefenseAppellate ReviewCPLRProcedural LawConstruction AccidentsNew York Courts
References
3
Case No. ANA 0376537
Regular
Apr 19, 2007

GREGORY DEVORE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal and granted reconsideration of the trial judge's award. The Board found that while the trial judge did not necessarily err in denying a continuance, they preferred to decide the case on its merits. Therefore, the case was returned to the trial judge for further proceedings, including compelling the attendance of the defendant's subpoenaed witness.

Labor Code section 132adiscriminationindustrial injuryprovisional teacherreinstatementpenaltylost wagessubpoenawitness appearancecontinuance
References
1
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