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

Case No. Action No. 1
Regular Panel Decision

Felicciardi v. Town of Brookhaven

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. MISSING
Regular Panel Decision

Albertson v. Fidelity & Deposit Co.

The court ruled that rules 113 and 114 of the Rules of Civil Practice do not provide for granting summary judgment in an equity action concerning the determination of title for adverse claimants to a fund held by Fidelity and Deposit Company of Maryland. Consequently, the previous judgment and order were unanimously reversed, with costs awarded, and the motion was denied.

Summary JudgmentEquity ActionCivil ProcedureAdverse ClaimsFund DisputeReversed Judgment
References
1
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Sep 30, 1997

Sidor v. Zuhoski

This case involves appeals from an order concerning two related actions: one for personal injuries (Action No. 1) and another for wrongful death (Action No. 2). Joseph and Gregory Zuhoski appealed the denial of their motion for summary judgment seeking to dismiss the complaint in Action No. 1. Separately, Colin Van Tuyl, as Executor of the Estate of Janet A. Van Tuyl, and Brianna and Colin Van Tuyl, individually, appealed both the denial of the Zuhoskis' motion and the granting of Martin Sidor & Sons, Inc.'s motion to amend its answer in Action No. 2. The Appellate Division affirmed the order, noting the trial court's sound discretion in granting leave to amend pleadings, particularly when the failure to deny allegations was an inadvertent mistake. Furthermore, the court found an issue of fact regarding Gregory Zuhoski's employment status at the time of the accident, which justified the denial of the Zuhoskis' motion for summary judgment.

Personal InjuryWrongful DeathSummary JudgmentAppealPleading AmendmentDiscretion of Trial CourtWorkers' Compensation LawScope of EmploymentAppellate DivisionSuffolk County Litigation
References
12
Case No. Action No. 2
Regular Panel Decision

Koren v. Zazo

David Koren, plaintiff in Action No. 2, sued Vivaldi, Inc. following a motor vehicle accident, alleging John Zazo, the driver, was a Vivaldi employee acting within the scope of his employment. Vivaldi moved for summary judgment, asserting Zazo was an independent contractor. Vivaldi provided evidence of Zazo's compensation by commission, self-sourced clients, lack of expenses or benefits, and 1099 tax form issuance, consistent with independent contractor status. The court found this evidence sufficient to establish Zazo as an independent contractor, thereby absolving Vivaldi of liability for his negligent acts. Consequently, the Supreme Court's order denying summary judgment to Vivaldi and third-party defendant Ford Motor Credit Company was reversed, leading to the dismissal of both the complaint and third-party complaint in Action No. 2.

Independent ContractorEmployer-Employee RelationshipSummary JudgmentMotor Vehicle AccidentVicarious LiabilityNegligencePersonal InjuryAppellate DivisionNew York Law1099 Tax Form
References
6
Case No. MISSING
Regular Panel Decision

Graziano v. Medford Plaza Associates, Ltd.

Guy Graziano, an employee of Coca-Cola Company, sustained personal injuries after falling in a parking lot and received workers' compensation benefits. His insurance carrier initiated Action No. 2, as assignee, against prior property owners and managing agents after notifying Graziano of the assignment of his claim if he failed to sue within 30 days. Separately, Guy and Maureen Graziano commenced Action No. 1 against prior owners and the current owner, 210 West 29th Street Corp. The Supreme Court initially dismissed the Grazianos' action, ruling their claims were assigned to the carrier. On appeal, the order was modified: the dismissal of Action No. 1 was denied, and both actions were consolidated. The appellate court concluded that the carrier had waived its rights as an assignee against 210 West 29th Street Corp. by failing to pursue a claim against them.

Workers' Compensation LawAssignment of ClaimsPersonal InjuryProperty Owner LiabilityStatute of LimitationsWaiver of RightsConsolidation of ActionsAppellate ReviewInsurance SubrogationNew York Law
References
5
Case No. 2025 NY Slip Op 01020 [235 AD3d 1124]
Regular Panel Decision
Feb 20, 2025

Matter of Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Bd.

The case involves an appeal by Clean Air Action Network of Glens Falls, Inc. against the Town of Moreau Planning Board, Raymond Apy, and Saratoga Biochar Solutions, LLC. The appeal challenged a Supreme Court judgment that dismissed a CPLR article 78 proceeding, which sought to annul the Planning Board's negative declaration under the State Environmental Quality Review Act (SEQRA) and its approval of a site plan for a biosolids remediation and fertilizer processing facility. The Appellate Division, Third Department, reversed the lower court's decision, finding that the Planning Board failed to take a 'hard look' at the project's potential adverse impacts, particularly concerning hazardous air pollutant emissions. The court concluded that the Planning Board's unexplained deference to DEC permitting standards without a reasoned elaboration for its negative declaration was arbitrary and capricious, thus granting the petition and remitting the matter for further proceedings.

Environmental ImpactState Environmental Quality Review Act (SEQRA)Planning Board DeterminationHazardous Air PollutantsBiosolids RemediationSite Plan ApprovalNegative Declaration RescissionArbitrary and CapriciousAppellate DivisionJudicial Review
References
18
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Apr 04, 2005

Transport Workers Union of America Local 100 v. Schwartz

This case consolidates two appeals arising from a 1985 real estate exchange involving Transport Workers Union of America Local 100 AFL-CIO (TWU) and 80 W.E.T.H. Corp. (80 WETH). Action No. 1 targeted real estate agents Alan G. Schwartz, Glen Allen Associates, Ltd., and Glen Equities, Ltd. for breach of fiduciary duty, contract, and constructive fraud. Action No. 2 was against attorney Richard L. O’Hara for breach of fiduciary duty and actual fraud. The court affirmed summary judgment for the Schwartz defendants, ruling claims time-barred under the statute of limitations, rejecting continuous representation and equitable estoppel. In the O'Hara action, breach of fiduciary duty claims were also dismissed as time-barred, but the actual fraud claim, initially preserved, was modified on appeal to be dismissed for 80 WETH. The disputes centered on undisclosed fees and potential conflicts of interest during the 1985 transaction.

Real Estate LawStatute of LimitationsBreach of Fiduciary DutySummary JudgmentEquitable EstoppelContinuous Representation DoctrineBrokerage FeesAttorney MisconductActual FraudConstructive Fraud
References
10
Case No. MISSING
Regular Panel Decision

Figueroa v. New York City Health & Hospitals Corp.

Plaintiff Nohemi Figueroa, a former employee of the New York City Health and Hospitals Corporation (HHC), sued for employment discrimination based on national origin and gender under federal, state, and city human rights laws. HHC moved for summary judgment, asserting that Figueroa did not suffer adverse employment action, that the alleged actions did not infer discrimination, and that HHC had legitimate business reasons. The court ruled that the denial of vacation choice was not a materially adverse employment action. While assuming the initial denial of sick leave could be considered an adverse action, the court found insufficient evidence to infer sex or national origin discrimination. Ultimately, the court concluded that HHC presented legitimate, non-discriminatory reasons for its actions. Therefore, the defendant's motion for summary judgment was granted in its entirety.

Employment DiscriminationNational Origin DiscriminationGender DiscriminationTitle VIINew York City Human Rights LawNew York State Human Rights LawSummary JudgmentPrima Facie CaseAdverse Employment ActionVacation Leave
References
28
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision

Testerman v. Zielinski

The case involves three consolidated appeals stemming from a personal injury action and a wrongful death action after a pickup truck collided with another vehicle. Robert C. Testerman, a passenger in the pickup truck, commenced a personal injury action. Daniel D. Bigelow initiated a wrongful death action as executor of the estates of Tenny Bigelow and Douglas L. Bigelow, the occupants of the other vehicle. The collision occurred when Rachel L. Zielinski, operating a pickup owned by her employer Pisa Electrical Construction & Manufacturing, Inc., drove through a stop sign. In Appeal No. 2, the court affirmed the dismissal of Testerman's personal injury claim against Pisa, citing Workers' Compensation Law's exclusive remedy provision. However, in Appeal No. 1, the court reversed the summary judgment dismissing Testerman's claim against Daniel Bigelow, finding insufficient evidence that Tenny Bigelow used reasonable care. Similarly, in Appeal No. 3, the court reversed the partial summary judgment on liability granted to Daniel Bigelow in the wrongful death action, for the same reasons as Appeal No. 1.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawVehicle and Traffic LawAutomobile AccidentExclusive RemedyEmployer LiabilityVicarious LiabilityAppellate Review
References
7
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