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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Mauro v. General Motors Acceptance Corp.

The case addresses whether a secured party, General Motors Acceptance Corporation (GMAC), is liable for an assault committed by an independent contractor's employees, Anthony and Edward Russo from Tri-City Auto Recovery, during a vehicle repossession. Plaintiffs Maureen and John Mauro allege assault and battery, contending the repossession breached the peace. GMAC argued it was not liable due to Tri-City being an independent contractor. The court, citing UCC 9-503 and various precedents, ruled that the duty to repossess without a breach of the peace is nondelegable. Consequently, the motions for summary judgment by GMAC and Tri-City Auto Recovery, seeking dismissal of the complaint, were denied, establishing GMAC's potential liability for the actions of its independent contractor's employees.

RepossessionBreach of PeaceIndependent Contractor LiabilityUCC 9-503Nondelegable DutyAssault and BatterySummary JudgmentSecured TransactionsDebtor's RightsVicarious Liability
References
18
Case No. 2018 NY Slip Op 01591 [159 AD3d 787]
Regular Panel Decision
Mar 14, 2018

Bidnick v. Grand Lodge of Free & Accepted Masons of the State of N.Y.

Neal Bidnick, a long-standing member of the Grand Lodge of Free & Accepted Masons, was expelled following Masonic trials, despite initial reversals by the Masonic Commission of Appeals. This action arose after the Grand Lodge reinstated a guilty finding at its annual meeting, leading to Bidnick's expulsion. Bidnick sued the Grand Lodge and individual defendants for breach of contract, alleging wrongful expulsion, and defamation, claiming false statements of misappropriation. The Supreme Court's order partially dismissed the complaint. The Appellate Division modified this order, granting the dismissal of the defamation claim against the Grand Lodge, denying dismissal of the defamation claim against individual defendants in their individual capacities, and denying the dismissal of the breach of contract claim. The court's decision addressed the application of Benevolent Orders Law and the _Martin_ rule concerning the liability of unincorporated associations and their members.

Breach of ContractDefamationExpulsionUnincorporated AssociationBenevolent Orders LawMasonic LodgeIndividual LiabilityRepresentative CapacityCPLR 3211 (a) (7) MotionAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. ANA 0393374ANA 0393375
Regular
May 02, 2008

JOHN PAUL LUCAS vs. GREAT BASIN INSTITUTE, ASSOCIATED RISK MANAGEMENT, INC.

This case concerns an applicant injured in California who also received medical treatment and initial benefits in Nevada. The defendant sought to defer jurisdiction to Nevada, citing a Nevada statute and the Full Faith and Credit Clause, arguing the applicant's acceptance of Nevada benefits barred claims in California. The Appeals Board denied reconsideration, finding the applicant did not "volitionally" accept Nevada benefits as he was unaware of signing a Nevada claim form and believed he was receiving benefits under California law. Therefore, California retained jurisdiction over the applicant's workers' compensation claims.

Workers' Compensation Appeals BoardFull Faith and Credit ClauseCompensable Consequence InjuryJurisdictionNevada LawContract of HireIndustrial InjuryIndustrial AccidentReconsiderationWCJ Report
References
13
Case No. MISSING
Regular Panel Decision

Turner v. General Motors Acceptance Corp.

David Turner sued General Motors Acceptance Corporation (GMAC) alleging violations of the Consumer Leasing Act (CLA) and the Uniform Commercial Code (UCC). Turner claimed GMAC failed to disclose that it earned non-interest benefits, referred to as 'earnings credits,' from his security deposit. GMAC moved for summary judgment, asserting it met disclosure obligations and did not earn interest, but rather received credits to offset bank fees. The court determined that earnings credits were not equivalent to interest and did not constitute 'charges payable by the lessee' or 'security interest' requiring disclosure under the CLA. Consequently, the court granted GMAC's motion for summary judgment on the CLA claim, denied Turner's partial summary judgment motion, and dismissed his state-law claims for lack of subject matter jurisdiction. Turner's motion for class action certification was denied as moot.

Consumer Leasing ActUCCSecurity DepositEarnings CreditsDisclosure RequirementsSummary JudgmentFederal JurisdictionState Law ClaimsClass ActionAutomobile Lease
References
18
Case No. MISSING
Regular Panel Decision

Moskowitz v. Board of Elections

The petitioner, an orthodox observer of Jewish Sabbaths and religious holidays, sought an order to compel the Board of Elections of the City of New York to accept signatures for his independent nominating petition after the statutory deadline of September 21, 1966. He argued that religious observances prevented him and his campaign workers from collecting signatures for 8 days, requesting additional time. The court found this argument "specious," noting that 42 days were allotted, and the petitioner only obtained 99 signatures in the remaining 32 days. The petitioner's secondary argument, challenging the constitutionality of requiring 3,000 signatures for independent candidates versus 750 for party candidates, was also rejected, citing prior case law that upheld the distinction. Consequently, the court denied the application and dismissed the petition.

Election LawIndependent CandidateNominating PetitionsSignature RequirementsReligious ObservanceStatutory DeadlinesConstitutional ChallengeJudicial DiscretionCandidate EligibilityBoard of Elections
References
9
Case No. 21 MC 97
Regular Panel Decision
Mar 03, 2009

In Re September 11 Litigation

District Judge Alvin K. Hellerstein accepted the mediator's report concerning the extensive settlements achieved in the wrongful death and personal injury lawsuits arising from the September 11, 2001 terrorist attacks. These cases, filed under the Air Transportation Safety and System Stabilization Act (ATSSSA) in the Southern District of New York, involved victims and their families suing airlines and aviation-related companies. Mediator Sheila L. Birnbaum, assisted by Thomas E. Fox, successfully resolved 72 out of 95 cases through a meticulous mediation process that addressed complex legal issues, sensitive security information (SSI) discovery, and varying state laws governing damages. The court's order highlights the challenges faced in these mass torts, including balancing claimant equity, ensuring fair contingent fees, and navigating the unique circumstances of the litigation, ultimately leading to approximately $500 million in aggregate settlements.

September 11th AttacksWrongful DeathPersonal Injury LitigationMass TortsMediationSettlement NegotiationsAir Transportation Safety and System Stabilization ActVictim Compensation FundSensitive Security InformationDamages Discovery
References
16
Case No. MISSING
Regular Panel Decision
Mar 05, 2004

United States v. Jaffe

Bernard Jaffe, Jr. pleaded guilty to making false statements to an FDIC-insured bank, defrauding the Bank of New York of $20 million. He was sentenced to 57 months imprisonment, three years of supervised release, and ordered to pay $18.1 million in restitution. The District Court denied his motion for a downward departure based on his 43-year-old daughter's alleged dependency, deeming her not uniquely reliant. Despite initial reservations regarding his cooperation, Jaffe received a three-level sentencing reduction for acceptance of responsibility. The court established a restitution payment schedule, including a 9% interest rate, and clarified that Florida's homestead and federal ERISA pension exemptions would not shield assets from federal restitution obligations, especially once pension funds are distributed.

Fraudulent StatementsBank FraudSentencing GuidelinesRestitution OrderDownward Departure DenialAcceptance of ResponsibilityERISA BenefitsFlorida Homestead ExemptionFinancial DisclosureVictim Compensation
References
43
Case No. MISSING
Regular Panel Decision
Apr 17, 2006

D.I.S., LLC v. Sagos

This case concerns an appeal by a mortgagee from an order of the Supreme Court, Nassau County, which granted the mortgagor's petition to direct the mortgagee to accept a specific sum in full satisfaction of the mortgage debt and issue a satisfaction of mortgage. The appellate court affirmed the lower court's order, ruling that the mortgagor's tender of payment of the entire mortgage principal plus interest, in response to the mortgagee's acceleration of debt, did not constitute a 'prepayment' within the meaning of the mortgage's prepayment clause. Consequently, the mortgagee was precluded from assessing a prepayment penalty as no such provision was specified in the mortgage. Additionally, the court declined to consider the mortgagee’s remaining contention regarding the acceleration clause because it was raised for the first time in her reply brief.

Mortgage LawPrepayment PenaltyMortgage Debt SatisfactionAcceleration of DebtRPAPL 1921Appellate ProcedureCivil ProcedureNassau County Supreme CourtContractual ProvisionsTender of Payment
References
7
Case No. MISSING
Regular Panel Decision

Hardie v. New York State Attica Correctional Facility

The claimant's deceased husband was killed during the Attica Correctional Facility uprising in September 1971. She filed for workers' compensation death benefits but later ceased accepting them to pursue a civil damage claim against the State of New York for intentional assault. Her civil action was dismissed because accepting workers' compensation benefits forfeited her right to an alternative civil remedy. The Workers’ Compensation Board subsequently found that she was not misled into accepting benefits and ruled that her claim could not be withdrawn. This appeal affirmed the Board's decision, stating that an employer's intentional tort does not divest the Board of jurisdiction and that compensation benefits preclude alternative civil recovery, even if accepted unwittingly.

Workers' CompensationDeath BenefitsAttica Correctional FacilityPrison UprisingIntentional TortElection of RemediesWithdrawal of ClaimCollateral EstoppelMisled by StateAccidental Death
References
6
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