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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

Williams v. Forbes

Joseph Patrick Williams was injured in a 1984 fall at the Armbrusters' property where William Forbes was a general contractor. Williams, who received workers' compensation benefits, sued Forbes and the Armbrusters. Forbes, having impleaded Williams's employers David Rowe and D. Rowe Home Improvements, sought to amend his answer to include a Workers' Compensation Law defense and moved for summary judgment, which the court denied, although it granted the Armbrusters' cross-motion for summary judgment. Forbes appealed the denial of his summary judgment motion. Williams subsequently moved to dismiss Forbes's appeal as untimely. The court denied Williams's motion, ruling that the 30-day appeal period under CPLR 5513(a) only begins when the appellant is served notice of entry by the prevailing party, not by co-defendants like the Armbrusters. Consequently, Forbes's appeal was deemed timely.

AppealTimeliness of AppealService of NoticeCPLR 5513Workers' Compensation DefenseSummary JudgmentMotion to DismissNassau CountyAppellate DivisionPrevailing Party
References
8
Case No. MISSING
Regular Panel Decision
Feb 27, 1986

Brooks v. A. Gatty Service Co.

Francis Brooks, an employee of the White Plains Housing Authority, sustained injuries in 1982 while operating a refuse compactor manufactured by A. Gatty Service Co., Inc. William Timm & Associates, an engineering firm hired by the Housing Authority to inspect the compactor, was named as a defendant. Timm moved for summary judgment, arguing that as a consulting engineer, they could not be held liable to the injured worker without affirmative negligence or a specific contractual provision. The Supreme Court initially denied their motion, but the appellate court modified this decision. Finding no evidence of affirmative negligence, the appellate court granted summary judgment in favor of William Timm & Associates, affirming the order as modified.

Personal InjuryNegligenceBreach of WarrantyStrict Products LiabilitySummary JudgmentConsulting Engineer LiabilityProduct LiabilityRefuse Compactor InjuryAppellate ReviewThird-Party Defendant
References
6
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. 2022 NY Slip Op 00027
Regular Panel Decision
Jan 04, 2022

Williams v. Beth Israel Hosp. Assn.

Lisa Williams, an employee of a staffing agency assigned to Beth Israel Medical Center, filed a negligence claim after a trip and fall incident. Beth Israel Medical Center moved for summary judgment, arguing that Williams's sole remedy was under the Workers' Compensation Law due to a special employer relationship, and that they lacked actual or constructive notice of the dangerous condition. The Supreme Court denied the motion to dismiss and for summary judgment but granted leave to amend the answer. The Appellate Division affirmed the Supreme Court's order, concluding that Beth Israel Medical Center failed to demonstrate a clear surrender and assumption of control for the special employer defense and did not establish a prima facie lack of constructive or actual notice.

NegligenceTrip and FallPremises LiabilitySpecial Employer DoctrineWorkers' Compensation LawSummary JudgmentConstructive NoticeActual NoticeAppellate ReviewStaffing Agency
References
11
Case No. MISSING
Regular Panel Decision

Savage & Associates, P.C. v. Williams Communications (In Re Teligent Services, Inc.)

Savage & Associates, P.C., acting as the Unsecured Claims Estate Representative for Teligent Services, Inc., filed a preference action against "Williams Communications." The complaint was initially served on NextiraOne, LLC, which denied receipt of the transfers. After significant delay and Nextira's motion for summary judgment, Plaintiff served WilTel Communications, LLC, another "Williams" entity. WilTel moved to dismiss for untimely service, while Plaintiff sought to amend the complaint to formally name WilTel, arguing for relation back. The court granted WilTel's motion to dismiss and denied Plaintiff's motion to amend, citing Plaintiff's failure to show good cause for the extended delay in service and the prejudice to WilTel. Additionally, Nextira's motion for summary judgment was granted, dismissing the complaint against it.

Bankruptcy LawPreference ActionRule 4(m) DismissalRule 15(c) AmendmentTimely Service of ProcessStatute of LimitationsActual NoticePrejudice to DefendantGood CauseCorporate Identity Confusion
References
35
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
0
Case No. MISSING
Regular Panel Decision

Williams v. New York City Housing Authority

Plaintiffs Gregory Williams and Leroy Williams, African-American caretakers, sued the New York City Housing Authority (NYCHA) for hostile work environment and retaliation under Title VII. The complaint arose after they discovered a noose hanging in their supervisor's office. Despite its removal upon confrontation and a formal complaint, plaintiffs alleged subsequent retaliatory treatment. NYCHA filed a Rule 12(b)(6) motion to dismiss the hostile work environment claim, arguing the conduct was not severe or pervasive enough. The District Court denied NYCHA's motion, emphasizing the profound and intimidating historical significance of a noose as a symbol of racial violence, particularly when displayed by a white supervisor.

Hostile Work EnvironmentRacial DiscriminationRetaliationTitle VIIWorkplace HarassmentNoose SymbolismDistrict Court DecisionMotion to Dismiss DeniedAfrican-Americans' RightsSupervisor Misconduct
References
23
Case No. MISSING
Regular Panel Decision
Jul 25, 2006

Williams v. 520 Madison Partnership

Plaintiff Trevor Williams was injured on June 3, 2002, when a scaffold basket he was using to repair a 43-story building moved due to a gust of wind, causing him to fall. The Supreme Court, New York County, initially granted Williams' motion for partial summary judgment on his Labor Law § 240 (1) claim and denied defendants' cross-motion. This appellate order unanimously affirmed that decision. The court found that the scaffold provided was inadequate, violating Labor Law § 240 (1), and this violation was a proximate cause of Williams' injuries. It rejected the defendants' arguments that the gust of wind was an unforeseeable intervening act or that Williams' actions constituted comparative negligence.

Labor Law Section 240(1)Scaffold AccidentPersonal InjurySummary JudgmentProximate CauseForeseeabilityIntervening ActComparative NegligenceConstruction AccidentWorkplace Safety
References
9
Case No. MISSING
Regular Panel Decision

Williams v. Axelrod

Deon Williams, a two-year-old with sickle-cell anemia, was a participant in the WIC program. His benefits were terminated after his mother, Doris Williams, had a physical altercation with a caseworker at Bronx-Lebanon Hospital. An Administrative Law Judge upheld the termination, but Deon Williams, through his mother, initiated a CPLR Article 78 proceeding against David Axelrod, Commissioner of the New York State Department of Health, seeking reinstatement of his benefits. The court found that Deon met all eligibility requirements and should not be penalized for his mother's actions, citing judicial precedents that protect children from losing public assistance due to parental misconduct. The court ultimately held that the ALJ's determination was arbitrary, capricious, and contrary to law, ordering the reinstatement of Deon Williams' WIC certification and restoration of withheld benefits.

WIC ProgramChild Nutrition ActPublic Assistance BenefitsSickle-Cell AnemiaParental MisconductCPLR Article 78Administrative ReviewBenefit TerminationChild WelfareDue Process
References
5
Case No. MISSING
Regular Panel Decision

Williams v. Chase Manhattan Bank, N.A.

Plaintiff Mildred W. Williams, a black female, filed a federal lawsuit against Chase Manhattan Bank alleging racial discrimination under 42 U.S.C. § 1981 and New York State Human Rights Law. Williams claimed she was denied promotions from Assistant Manager to Branch Manager and Assistant Manager to Assistant Treasurer, and subjected to harassment based on her race. The court addressed Williams' motion to file a second amended complaint and Chase's motion to dismiss. Applying the precedent set in Patterson v. McLean Credit Union, the court granted Williams' motion to amend, allowing her claim regarding the denial of promotion to Assistant Treasurer, as it constituted a "new and distinct relation" with the employer. However, the claim for denial of promotion to Branch Manager was dismissed for not meeting this criterion. The court also maintained pendent jurisdiction over Williams' state racial harassment claims.

Racial DiscriminationEmployment DiscriminationMotion to AmendMotion to DismissCivil Rights Act of 1866New York State Human Rights LawPatterson v. McLean Credit UnionPromotion DenialAssistant Manager to Assistant TreasurerContinuing Violations Doctrine
References
30
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