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

Case No. 2017 NY Slip Op 06429
Regular Panel Decision
Sep 13, 2017

Estate of Goldstein v. Kingston

The Estate of Alter A. Goldstein brought a wrongful death action after Alter A. Goldstein sustained fatal injuries when struck by a vehicle driven by defendant Debbie Miketta and owned by defendant Jonathan Kingston. The accident occurred when Miketta was reversing her vehicle on a one-way street due to workers from defendant Forest Hills Garden Corporation (FHGC) performing work. The Supreme Court granted FHGC's motion for summary judgment, dismissing the complaint against it. On appeal by the plaintiffs, the Appellate Division, Second Department, affirmed the Supreme Court's order, finding that FHGC's conduct merely created the condition for the accident and was not a proximate cause. The Court concluded that Miketta's decision to reverse her vehicle was the sole proximate cause of the decedent's injuries, and consequently dismissed the separate appeal by Kingston and Miketta.

Wrongful deathSummary judgmentNegligenceProximate causeMotor vehicle accidentAppellate reviewAffirmed decisionDismissed appealLiabilityEstate law
References
13
Case No. VNO 466077, VNO 466078
Regular
Apr 10, 2008

PABLO GONZALEZ vs. CHECK MATE STAFFING, UEBTF DEPENDABLE HIGHWAY EXPRESS, COMMERCE & INDUSTRY INSURANCE COMPANY C/O AIG DOMESTIC CLAIMS

This case involves a defendant's petition for reconsideration regarding a Notice of Intention (NIT) to approve a settlement that unilaterally added a reimbursement obligation to the Uninsured Employers Benefits Trust Fund (UEBTF). The Appeals Board granted reconsideration, rescinding the NIT due to procedural defects, including improper service and a violation of the defendant's due process rights by unilaterally altering the settlement terms. The Board allowed the underlying Compromise and Release agreement to stand, as it was properly executed and did not contain the disputed reimbursement clause.

UEBTFAdelson Testan Brundo & JimenezNotice of IntentionApproval OrderReimbursementGeneral Special EmploymentThomas WaiverCompromise and ReleaseLabor Code sections 3715(e)3717
References
3
Case No. 2025 NY Slip Op 00700 [235 AD3d 1038]
Regular Panel Decision
Feb 06, 2025

People v. Lister

Defendant appealed a judgment revoking her probation and imposing a term of imprisonment. The County Court revoked probation after finding defendant violated conditions by failing to make restitution payments and unilaterally altering prescribed medication dosages. The appellate court found that defendant's admitted alteration of medication, despite being advised against it, was sufficient to discharge the People's burden of proof. The court also determined that defendant's explanations for her actions were insufficient. The appellate court affirmed the judgment, concluding that the resentence was not unduly harsh given defendant's history of noncompliance.

Probation ViolationIdentity TheftRestitutionSelf-medicationAppellate ReviewResentencingCriminal Procedure LawPreponderance of EvidenceJustifiable ExcuseWaiver of Appeal
References
5
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

First Tech. Capital, Inc. v. Airborne, Inc.

Plaintiff First Technology Capital, Inc. initiated an action against Airborne, Inc. d/b/a/ Firstflight for breach of contract. After a series of court decisions, including a vacatur by the Second Circuit and a subsequent default judgment in favor of the plaintiff, the case was closed. The plaintiff then filed a motion to alter the judgment, seeking to remove the language that closed the case to facilitate post-judgment discovery. The court denied this motion, clarifying that reopening the case is unnecessary for a judgment creditor to pursue post-judgment discovery under Federal Rule of Civil Procedure 69(a)(2), as courts retain ancillary jurisdiction to enforce judgments.

Post-judgment discoveryFederal Rule of Civil Procedure 69Ancillary jurisdictionJudgment enforcementMotion to alter judgmentCase closureJudgment creditorDistrict Court ProcedureDiscovery scopeWestern District of New York
References
12
Case No. ADJ11389320
Regular
Jan 15, 2020

SILVERANO JIMENEZ vs. TRI COUNTY CONCRETE INC., INSURANCE COMPANY OF THE WEST

Defendant sought reconsideration of an approved Compromise and Release, alleging mutual mistake and fraud due to applicant's alleged unilateral alteration of the agreement. The Appeals Board dismissed the petition as premature because no evidence or testimony was admitted to support these serious allegations. The case is remanded for the WCJ to hold a hearing on the defendant's allegations and then issue a decision. Either party can seek reconsideration after the WCJ's ruling.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationOrder ApprovingMutual MistakeFraudDuressUndue InfluenceProcedural IrregularitiesGood Cause
References
11
Case No. RIV 0027402, RIV 0064770
Regular
Jun 02, 2008

DELIA BEJARANO vs. Riverside Community Hospital, INTERCARE INSURANCE SERVICES, ALLIANZ INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY C/O BROADSPIRE CLAIMS SERVICES, ZURICH AMERICAN INSURANCE C/O BROADSPIRE CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the trial judge's decision, and remanded the case, finding no final agreement on settlement terms was reached between the parties. The applicant signed a compromise and release, but a subsequent addendum unilaterally introduced by one defendant, altering contribution and lien responsibilities, was not agreed upon by all parties. Therefore, no enforceable settlement existed, and the case was returned for further proceedings.

COMPROMISE AND RELEASEMANDATORY SETTLEMENT CONFERENCEADDENDUM CUNILATERAL MODIFICATIONMEETING OF THE MINDSSETTLEMENT AUTHORITYTENTATIVE AGREEMENTLIABILITY AND CONTRIBUTIONLABOR CODE SECTION 5001FAILURE OF CONSIDERATION
References
3
Case No. MISSING
Regular Panel Decision
Jan 12, 2007

Buffalo Teachers Federation, Inc. v. Board of Education

This case involves an appeal from a judgment confirming an arbitration award stemming from a dispute between a petitioner and the City School District of the City of Buffalo. The dispute began when the District unilaterally altered health insurance providers, violating a collective bargaining agreement (CBA). An arbitrator found the District in violation and ordered reinstatement of laid-off teachers. The Supreme Court initially confirmed the award. On appeal, the judgment was modified: the court affirmed the part of the award concerning the CBA violation but vacated the part mandating teacher reinstatement, finding the arbitrator exceeded his authority by granting a benefit not explicitly in the CBA.

Arbitration AwardCollective Bargaining AgreementHealth Insurance BenefitsTeacher LayoffsArbitrator AuthorityPublic PolicyJudgment ModificationErie CountyUnilateral Contract ChangeLabor Dispute
References
6
Case No. SC K 5838/79, SC K 5839/79
Regular Panel Decision

Friedman v. City of New York

In two consolidated small claims actions, a landlord sued the City of New York (Department of Social Services) for rent arrears owed by welfare recipients Catherine Zacona and Luba Simco. The DSS sought dismissal, arguing a lack of privity. The court differentiated the cases: for Zacona (SC K 5838/79), DSS was found liable for fraud, having unilaterally altered payment methods, leading to a $474 judgment for the landlord. For Simco (SC K 5839/79), where the tenant refused to sign a two-party check, the court, prioritizing "substantial justice," ordered a supplemental summons against the tenant and directed DSS to hold the disputed funds as a stakeholder pending further resolution.

Small ClaimsRent ArrearsWelfare BenefitsDepartment of Social ServicesTwo-Party ChecksLandlord-Tenant LawPrivity of ContractTort LawInducing Breach of ContractGovernmental Liability
References
2
Case No. MISSING
Regular Panel Decision

Glens Falls Police Benevolent Ass'n v. New York State Public Employment Relations Board

In January 1991, the petitioner filed an improper practice charge with the respondent, alleging the City of Glens Falls unilaterally altered its policy regarding credit for prior police service when calculating retirement eligibility. An Administrative Law Judge (ALJ) initially found for the petitioner, but the respondent, the Public Employment Relations Board (PERB), dismissed the charge. PERB concluded it lacked jurisdiction under Civil Service Law § 205 (5) (d) because the dispute stemmed from an alleged oral agreement, and PERB cannot adjudicate violations of agreements. The petitioner then initiated a CPLR article 78 proceeding, which was transferred to the Appellate Division. The Court confirmed PERB's determination, upholding that oral agreements fall within the statutory exclusion from PERB's jurisdiction, and dismissed the petition.

Improper Employer PracticeJurisdictionPrior Service CreditRetirement PlanOral AgreementTaylor LawPublic Employment Relations Board (PERB)CPLR Article 78Appellate ReviewCivil Service Law
References
6
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