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

Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. MISSING
Regular Panel Decision

Losquadro v. FGH Realty Credit Corp.

Plaintiffs, members of General Building Laborers’ Local Union No. 66 and beneficiaries of its Training Fund, sued FGH Realty Credit Corporation, the Union, its current and former Trustees, and the Building Corporation. The lawsuit alleges breach of fiduciary duty under ERISA and state law, and participation in prohibited transactions, stemming from a fraudulently concealed and unauthorized $4 million loan transaction in 1989 involving the Training Fund, Building Corporation, and FGH. FGH moved to dismiss the ERISA claims based on the statute of limitations, and state law claims for lack of subject matter jurisdiction. The court granted FGH's motion to dismiss the ERISA claims and a specific state law claim, finding plaintiffs failed to adequately plead facts for the 'fraud or concealment' exception to ERISA's statute of limitations, but noted plaintiffs could seek leave to amend. FGH's motion to dismiss the remaining state law claims for lack of subject matter jurisdiction was denied, as federal claims still exist against other defendants, maintaining judicial efficiency.

ERISABreach of Fiduciary DutyStatute of LimitationsFraudulent ConcealmentEmployee Benefit PlanLoan TransactionLabor UnionTrustees LiabilityMotion to DismissSupplemental Jurisdiction
References
36
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
Case No. MISSING
Regular Panel Decision
Oct 14, 1994

Podell v. Citicorp Diners Club, Inc.

Gary A. Podell initiated an action against several defendants, including Citicorp Diners Club and Citicorp Credit Services, alleging violations of the Fair Credit Reporting Act (FCRA) and state statutory and common law. Podell claimed these defendants reported erroneous credit information after an unauthorized third party obtained credit cards in his name and failed to pay debts. Diners Club and Credit Services moved to dismiss, contending they did not meet the FCRA definition of "credit reporting agencies" and the provided information was not a "consumer report." The court granted the motion, dismissing the federal FCRA claims with prejudice against the moving defendants. Subsequently, the court declined to exercise supplemental jurisdiction over Podell's remaining state law claims, dismissing them without prejudice.

Fair Credit Reporting ActFCRACredit ReportingConsumer ProtectionMotion to DismissSupplemental JurisdictionFederal JurisdictionState Law ClaimsCredit FraudCredit Report Accuracy
References
35
Case No. MISSING
Regular Panel Decision
Jun 21, 2000

Securities & Exchange Commission v. Credit Bancorp, Ltd.

Stephenson Equity Company (SECO), a plaintiff-intervenor, moved to compel non-party Swiss American Securities Inc. (SASI) to produce documents related to a pooled omnibus account held by Credit Suisse (Zurich) at SASI, believing these documents would identify beneficial owners, specifically Credit Bancorp. SASI opposed, arguing it lacked control over such specific information as broker-dealer regulations do not mandate identifying ultimate beneficial owners in pooled corporate accounts, and also referencing Swiss bank privacy laws. The court ultimately denied SECO's motion, concluding that SECO failed to demonstrate that SASI had the requisite control or access to the Credit Bancorp-specific documents in the ordinary course of business.

Discovery motionMotion to compelRule 45 FRCPSubpoena duces tecumBroker-dealer regulationsOmnibus accountsBeneficial ownershipCorporate controlSister corporationsSecurities law
References
19
Case No. MISSING
Regular Panel Decision

Claim of Jarovic v. Icon Restoration & Contracting

This case involves an appeal from a Workers’ Compensation Board decision concerning an employer's workers' compensation carrier's credit against a claimant's third-party settlement. The Board's initial ruling, which granted the carrier full credit, was deemed inconsistent with the principles established in *Matter of Stenson v New York State Dept. of Transp.* The current court found that the Board incorrectly asserted it lacked authority to address the manner of credit and failed to consider the carrier's contribution to litigation costs. Citing a shift in the Board's approach following *Stenson*, the decision of the Workers’ Compensation Board is reversed. The matter is remitted to the Board for further proceedings consistent with the Court's guidance.

Workers' CompensationThird-Party SettlementCreditLitigation CostsAppellate ReviewRemittalStenson PrecedentBoard AuthorityNew York StateWorkers’ Compensation Board
References
5
Case No. 2024 NY Slip Op 00527 [224 AD3d 1254]
Regular Panel Decision
Feb 02, 2024

Kelly v. Prohaska

This personal injury action arises from a motor vehicle accident where John M. Moudy was struck by a van operated by Nicholas J. Prohaska, a franchisee, and owned/leased by Snap-on Credit LLC. The Supreme Court initially granted Snap-on Credit's motion for summary judgment and denied the plaintiffs' cross-motion regarding the Graves Amendment (49 USC § 30106). The Appellate Division modified the Supreme Court's order, finding that Snap-on Credit failed to establish it was

Motor Vehicle AccidentPersonal InjurySummary JudgmentGraves AmendmentVicarious LiabilityLeased VehiclesFranchisee LiabilityAppellate ReviewAffirmative DefenseStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Baumann v. Metropolitan Life Insurance

Plaintiff's decedent, Frederick Baumann, an experienced electrician, was electrocuted on the job in 1999 while working on office space leased by Credit Suisse and owned by Met Life. Plaintiff commenced a wrongful death action against Met Life, Credit Suisse, and Penguin Air Conditioning Corp., alleging liability under Labor Law § 241 (6) for a violation of 12 NYCRR 23-1.13 (b) (4). The trial court granted summary judgment to Credit Suisse and Met Life, concluding that the decedent was the sole proximate cause of his death. The appellate court reversed this decision, finding that the trial court improperly made findings of fact and that there were questions of fact concerning the defendants' liability and the extent of the decedent's responsibility.

Wrongful DeathElectrocutionSummary JudgmentLabor LawProximate CauseSuperseding ActAppellate ReviewConstruction AccidentElectricianOccupational Hazard
References
1
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