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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
Sep 04, 2015

In re Barrier Window Systems, Inc.

Barrier Window Systems, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found Barrier liable for additional unemployment insurance contributions for its installers. Barrier, which transitioned from installing to selling building products and arranging installations via subcontractors, argued it was not a contractor under the Fair Play Act and that its installers were independent contractors. The Board determined that Barrier continued to engage in construction by arranging installations and that the installers did not meet all three criteria of the Fair Play Act's ABC test for independent contractor status. The Court affirmed the Board's decision, finding it supported by substantial evidence, thereby upholding Barrier's liability.

Unemployment InsuranceIndependent ContractorWorker MisclassificationConstruction Industry Fair Play ActLabor LawABC TestEmployment RelationshipSubstantial EvidenceAdministrative AppealStatutory Presumption
References
7
Case No. MISSING
Regular Panel Decision

Tagare v. NYNEX Network Systems Co.

Plaintiff Neil Tagare filed an action against NYNEX entities and several individuals, alleging discrimination based on color and national origin, retaliation under Title VII and the New York Human Rights Law, and breach of contract. Defendants moved to dismiss the complaint on various grounds, including Rule 17(a) regarding real party in interest and ripeness for the contract claim, and the applicability of Title VII and HRL to individual defendants. The court denied dismissal for breach of contract against NYNEX Network Systems Company and upheld HRL claims against individual defendants based on aiding and abetting. The court granted dismissal of Title VII claims against individual defendants and partially granted dismissal of the breach of contract claim against other defendants, while denying the motion for a more definite statement.

Employment DiscriminationNational Origin DiscriminationColor DiscriminationRetaliationBreach of ContractMotion to DismissTitle VIINew York Human Rights LawFederal Rules of Civil ProcedureIndividual Liability
References
31
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. MISSING
Regular Panel Decision

Ganthier v. North Shore-Long Island Jewish Healthy System

Esther Ganthier sued North Shore-Long Island Jewish Health System, Susan Tobin, GreyStone Staffing, Inc., and Karen Westerlind alleging race and national origin discrimination, First Amendment retaliation, and conspiracy. GreyStone and Westerlind moved to dismiss, while Ganthier cross-moved for leave to amend her complaint. The Court granted the motion to dismiss all claims against GreyStone and Westerlind, finding individuals are not liable under Title VII and GreyStone was not named in the EEOC charge. It also dismissed Section 1981, First Amendment retaliation, and conspiracy claims due to pleading deficiencies. Consequently, the Court declined supplemental jurisdiction over state and city human rights laws against the dismissed defendants and denied Ganthier's cross-motion to amend as futile, instructing to amend the caption to reflect only North Shore-Long Island Jewish Health System and Susan Tobin as defendants.

DiscriminationNational Origin DiscriminationRace DiscriminationFirst Amendment RetaliationConspiracyMotion to DismissLeave to AmendTitle VII ClaimsSection 1981 ClaimsFederal Civil Procedure Rules
References
34
Case No. MISSING
Regular Panel Decision
Jul 01, 2008

Wildman v. Jensen

Plaintiff, an employee of nonparty Corbel Installations, was allegedly injured after falling from a ladder while installing cable service in the defendants' building pursuant to an agreement with third-party defendant Cablevision Systems New York City Corporation. The work was performed without the defendants' knowledge or consent. The Supreme Court, Bronx County, initially denied motions for summary judgment by both the defendants and third-party defendants. However, the appellate court unanimously reversed this decision, finding that the plaintiff was not an 'employee' or 'employed' under the Labor Law due to Public Service Law § 228 (1) (a) and thus not entitled to its protections or to recover under common-law safe place to work duties. The court also noted that the plaintiff's affidavit, inconsistent with prior deposition testimony, created only a feigned issue of fact.

Summary JudgmentPublic Service LawLabor LawPremises LiabilityTrespasser StatusCable Installation InjuryAppellate ReversalDuty to WorkersFeigned Factual IssueNew York Appellate Division
References
4
Case No. MISSING
Regular Panel Decision
Nov 21, 1990

Tate v. Clancy-Cullen Storage Co.

Harold Tate, while installing a fire alarm system for AFA Protective Systems, Inc. at a warehouse leased by Clancy-Cullen Storage Co., Inc., fell from a ladder and sustained serious injuries. Tate alleged that the defendants failed to provide adequate safety equipment, a violation of Labor Law § 240. Experts for both sides provided conflicting opinions on the safety measures taken, including the plaintiff's alleged intoxication. The Supreme Court denied summary judgment for both parties. This court affirmed the Supreme Court's decision, ruling that the plaintiff's work was considered 'altering' or 'repairing' under Labor Law § 240, and any alleged intoxication on the plaintiff's part would not relieve the defendants of absolute liability if a violation of section 240 was a contributing cause of the accident.

Labor Law § 240 ViolationScaffolding and Safety DevicesAbsolute LiabilityContributory NegligenceProximate CausationFall from LadderFire Alarm InstallationBuilding Alteration/RepairSummary Judgment DenialIntoxication as Defense
References
12
Case No. MISSING
Regular Panel Decision

Morser v. AT & T INFORMATION SYSTEMS

Plaintiff Roy Morser filed an age discrimination complaint against defendant AT & T Information Systems (ATT-IS) after being laid off during a company-wide reduction-in-force. The court initially granted summary judgment in favor of ATT-IS, prompting Morser to file a motion for reargument. Morser based his motion on recent Second Circuit employment discrimination decisions, Montana and Ramseur, arguing that the court had overlooked or misapplied summary judgment standards, particularly regarding intent and drawing inferences in favor of the non-moving party. The court granted the motion for reargument, but upon reconsideration, reaffirmed its original decision to grant summary judgment to ATT-IS. The court found that its initial ruling had properly applied summary judgment standards and distinguished the facts of Morser's case from the precedents cited, noting the context of a massive layoff and lack of specific evidence of discriminatory intent.

Age DiscriminationSummary JudgmentReduction-in-Force (RIF)Rule 56 Fed.R.Civ.P.Rule 3(j) Civil Rules S.D.N.Y. & E.D.N.Y.Rule 59(e) Fed.R.Civ.P.Reargument MotionEmployment LawDisparate TreatmentSecond Circuit Precedent
References
20
Case No. MISSING
Regular Panel Decision

Clarke v. LR SYSTEMS

Walter Clarke, a 74-year-old former employee of Favorite Plastics, Inc., filed a products liability action against LR Systems and Lasits Rohline Service, Inc. for injuries sustained in an industrial accident on August 13, 1996. Clarke's right hand was pulled into an SG Granulator 300 machine, resulting in the loss of part of his thumb and injury to three fingers. He alleged negligence, strict products liability, and breach of warranty, claiming inadequate warnings and a design defect in the grinder. The court granted the defendant's motion for summary judgment on the failure-to-warn claim, finding Clarke was aware of the danger. However, the motion for summary judgment was denied on the defective design claims, ruling that the expert testimony regarding the feasibility of an interlocked guard was admissible.

Products LiabilityIndustrial AccidentGranulator MachineDesign DefectFailure to WarnSummary JudgmentExpert TestimonyNip Point HazardV-belt DriveMachine Safety
References
32
Case No. MISSING
Regular Panel Decision
Aug 16, 1996

Malsch v. City of New York

Plaintiff, an employee of Amtol Radio Communication Systems, sustained injuries after falling from a defective ladder while installing a radio system for Sea Breeze Land Development Corporation. Plaintiff sued Sea Breeze, alleging violations of Labor Law §§ 240 (1), 241-a, and 241 (6). The motion court dismissed the Labor Law § 240 (1) claim, finding antenna installation was not an "alteration," and the Labor Law § 241-a claim. However, it denied dismissal of the Labor Law § 241 (6) claim due to a question of fact regarding ongoing construction. On appeal, the court reversed the lower court's dismissal of the Labor Law § 240 (1) claim, reinstating it based on analogous precedent that considered similar installation work an "alteration" under the statute, and affirmed the rest of the order.

Ladder FallConstruction AccidentLabor Law ViolationStatutory InterpretationSummary JudgmentAppellate ReviewAntenna InstallationWork Site SafetyElevation Differential HazardsBuilding Alteration
References
9
Case No. MISSING
Regular Panel Decision

Protter v. Nathan's Famous Systems, Inc.

The case involves Erwin Protter and his three fast-food franchise corporations suing Nathan's Famous Systems, Inc. and its officers for fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) violations. Protter alleged misrepresentations regarding training, profit margins, and the use of IPO funds, alongside omissions of material facts such as hidden costs and sales declines in other franchises, which he claimed induced him to purchase three Nathan's franchises. Defendants moved to dismiss the Amended Complaint, asserting it was time-barred and failed to state a claim. The Court granted the motion to dismiss the RICO claims with prejudice, citing plaintiffs' failure to plead a distinct enterprise from the persons, acquisition injury under §1962(b), and investment injury under §1962(a). Despite finding the allegations regarding another defrauded franchisee, Steven Lenter, potentially sufficient for an "open-ended scheme" to satisfy the pattern of racketeering requirement at the motion to dismiss stage, the specific deficiencies in the other RICO subsections led to their dismissal. Consequently, the remaining state law claims were dismissed without prejudice due to the lack of federal subject matter jurisdiction.

Franchise FraudRICO ViolationsRacketeering ActivityMotion to DismissFed.R.Civ.P. 12(b)(6)Fed.R.Civ.P. 9(b)Fraudulent MisrepresentationInvestment InjuryAcquisition InjuryEnterprise-Person Distinctness
References
56
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