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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

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between A.F.C.O. Metals, Inc. & Local Union 580 of International Ass'n of Bridge

This case concerns a dispute between Local Union 580 and AFCO Metals, Inc. regarding arbitration of pension fund contributions. Local 580 claimed AFCO underpaid contributions by assigning work to Carpenters Unions that should have been allocated to Local 580 members. AFCO sought to stay arbitration, arguing the dispute was jurisdictional and excluded from arbitration under their collective bargaining agreement. The Supreme Court initially dismissed AFCO's petition, but the Appellate Division reversed, finding the dispute jurisdictional. The Court of Appeals affirmed the Appellate Division's order, ruling that the underlying dispute is a jurisdictional matter, which the parties explicitly agreed to exclude from arbitration provisions in their collective bargaining agreement.

ArbitrationJurisdictional DisputeCollective Bargaining AgreementPension FundsUnion ContributionsWork AssignmentAppellate ReviewLabor LawContract InterpretationFund Delinquency
References
3
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

Matter of American Bridge Co. v. Contract Dispute Resolution Bd. of the City of N.Y.

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Lane & Leather Workers' Union of the United States

The case involves an appeal by an employer against a Special Term order compelling arbitration of disputes with a petitioner (union) following the expiration of a collective bargaining agreement. Disputes originated in January 1947 over roller wages, leading to a work stoppage in March that was settled by an agreement to arbitrate. A second dispute arose over the discharge of three employees, also demanded for arbitration. After the contract expired on June 1, 1947, the employer contended its obligation to arbitrate ceased. The Special Term ruled that the duty to arbitrate disputes arising during the contract term survived its expiration. The Appellate Division affirmed this order, specifying that arbitration should be limited to grievances pending before the contract's expiry on May 31, 1947.

ArbitrationCollective Bargaining AgreementWage DisputeWork StoppageEmployee DischargeContract ExpirationArbitrabilityAppellate ReviewLabor LawPanel Decision
References
6
Case No. MISSING
Regular Panel Decision

Katz v. Feinberg

This case involves a dispute between former business partners, Norman Katz (petitioner) and Herbert Feinberg (respondent), arising from the sale of Katz's interest in their company, I. Appel Corporation, to Feinberg. An arbitration panel initially denied most claims but found that the purchase price valuation was improperly calculated. Katz petitioned the District Court to confirm the arbitration award in its entirety, while Feinberg cross-moved to partially vacate and modify the award, arguing the arbitrators exceeded their authority by re-fashioning the valuation determined by independent accountants (Mahoney, Cohen). The Court granted Feinberg's motion, vacating the portion of the award that adjusted the purchase price valuation, concluding that the original agreement made the accountants' determination final and immune from arbitral review. The remaining aspects of the arbitration award, including the direction for interest payments on the adjusted principal, were confirmed.

Arbitration AwardVacatur of AwardContract InterpretationPurchase AgreementBusiness Partnership DisputeAccountant ValuationFinality ClauseArbitrabilityFederal Arbitration ActNew York Law
References
24
Case No. MISSING
Regular Panel Decision
Apr 21, 2016

Davis v. International Bank of Commerce (In re Diamond Beach VP, LP)

This case is an appeal from a U.S. Bankruptcy Court judgment concerning the valuation of an unfinished condominium complex, Diamond Beach, in Galveston, Texas. Appellant Randall Davis, the principal owner and guarantor of the debt, disputes the valuation, arguing it was too low, thus increasing his deficiency judgment owed to Appellee International Bank of Commerce (IBC). The project, consisting of Phase I (completed units and common amenities) and Phase II (undeveloped land with a right to use Phase I amenities), went bankrupt after Hurricane Ike and sales difficulties. The Bankruptcy Court valued Phase II and the unsold Phase I units at approximately $21.5 million, leading to a deficiency judgment of about $6 million for Davis. The District Court affirmed the Bankruptcy Court's decision, finding its modified income approach to valuation, which rejected the cost approach due to market conditions and the non-fee simple interest in common elements, was supported by the record and legal precedent.

Condominium ValuationBankruptcy AppealDeficiency JudgmentReal Estate DevelopmentAppraisal MethodologyCost ApproachIncome ApproachProperty ValuationGalveston Real EstateChapter 11 Bankruptcy
References
55
Case No. MISSING
Regular Panel Decision

Micamold Radio Corp. v. Beedie

This case addresses a plaintiff's request for an injunction in a labor dispute. The court examined the retroactive application and constitutionality of Chapter 477 of the Laws of 1935, which amended the Civil Practice Act by adding section 876-a, outlining specific conditions for issuing injunctions in such disputes. The new law imposes rigorous requirements, including findings of unlawful acts, irreparable injury, and a lack of adequate public protection. After reviewing various legal precedents on statutory retroactivity, the court determined that the 1935 statute affects substantive rights, not merely procedural forms. Consequently, the court concluded that the law cannot be applied retroactively to the plaintiff's pre-existing cause of action, thus ruling in favor of the plaintiff.

injunctionlabor disputestatutory interpretationretroactivityCivil Practice ActSection 876-aequitable reliefsubstantive lawprocedural lawworker rights
References
18
Case No. MISSING
Regular Panel Decision

Stalban v. Friedman

This Per Curiam decision addresses a labor dispute where the plaintiff sought injunctive relief against defendant unions, despite the union members not being directly employed by the plaintiff. The court determined that a labor dispute, as defined by Civil Practice Act, § 876-a, subd. 10, was indeed involved. Due to the plaintiff's failure to adequately plead or prove facts mandated by section 876-a of the Civil Practice Act, injunctive relief could not be granted. The decision emphasizes that the ruling of the State Labor Relations Board regarding collective bargaining agency did not influence this outcome. Consequently, the judgment was unanimously reversed, and the complaint dismissed with costs.

Labor Dispute LawInjunctive Relief DeniedCivil Practice Act § 876-aPleading SufficiencyCollective Bargaining IssuesUnion MembershipAppellate ReversalComplaint DismissalCourt Costs AwardedPer Curiam Opinion
References
6
Case No. MISSING
Regular Panel Decision

Thomas v. Flavin

The plaintiff, a union member who worked during a strike, sued the defendant, president of Local 1170, Communications Workers of America, for libel. The suit stemmed from a flyer circulated by the defendant that characterized the plaintiff as a "scab" and included a definition attributed to Jack London. Special Term granted partial summary judgment to the defendant, ruling the term "scab" was not libelous as a matter of law. The appellate court affirmed, citing federal pre-emption of state libel actions in labor disputes, as established in Linn v Plant Guard Workers and Letter Carriers v Austin. The court held that the use of "scab" and its definition, while insulting, is protected under federal labor law as figurative speech common in such disputes. The court also noted a qualified privilege for communications among union members. However, the issue of other potentially defamatory statements being made with actual malice was remanded for a triable issue of fact.

LibelDefamationLabor DisputeUnion ActivitiesFederal PreemptionSummary JudgmentFreedom of SpeechNLRA Section 7Scab EpithetQualified Privilege
References
4
Case No. 13-17-00641-CV
Regular Panel Decision
Nov 29, 2018

American Bank, N.A. as Trustee of the Lisa Marie Buckley Trust and Co-Trustee of the John Buckley Jr. Trust and Kelly Rose Kinard Trust, John Buckley Jr. Trust, Lisa Marie Buckley Trust, Kelly Rose Kinard Trust, Together With John Buckley Jr., Lisa Marie Buckley, and Kelly Kinard, as Trustee, Co-Trustee and/or Trust Beneficiaries of the John Buckley Jr. Trust, Lisa Marie Buckley Trust and Kelly Rose Kinard Trust, and/or Shareholders v. Moorehead Oil & Gas, Inc., Moorehead Acquisition, LLC, and Moorehead Oil & Gas, LLC

This is an appeal regarding a summary judgment in a proceeding to determine the fair value of ownership interests in corporate stock under the Texas Business Organizations Code. Appellants, consisting of American Bank, N.A. as trustee, and the Buckley family members (John J. Buckley Jr., Lisa Marie Buckley, and Kelly Rose Kinard) as co-trustees and/or beneficiaries of their trusts, challenged the denial of their petition for stock valuation against Moorehead Oil & Gas entities. The key arguments on appeal were whether the Bank was the sole entity capable of requesting a valuation and if the limitations period was tolled due to the misnomer doctrine. The Court of Appeals affirmed the dismissal of Lisa Marie Buckley's claim as a beneficiary due to lack of standing, but reversed the remainder of the judgment, ruling that the first amended petition related back to the timely-filed original petition for limitations purposes and that American Bank, John J. Buckley Jr., and Kelly Rose Kinard had standing as trustees or co-trustees. The case was remanded for further proceedings.

Summary JudgmentCorporate Stock ValuationDissenting Shareholder RightsTexas Business Organizations CodeTrusts and TrusteesBeneficiary StandingLimitations PeriodMisnomer DoctrineAppellate ProcedureFair Value Appraisal
References
24
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