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

Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. MISSING
Regular Panel Decision

Northeastern Stud Welding Corp. v. Webster

A New York corporation, previously certified as a woman-owned business enterprise, was denied recertification in 1992, leading to a CPLR article 78 proceeding challenging the determination. The court rejected claims of inadequate explanation and procedural irregularities, finding the Hearing Officer's rationale, adopted by the Executive Director, provided sufficient basis for judicial review, and the hearing procedures were within discretion. Substantial evidence supported the denial of recertification, as control over petitioner's daily operations, including critical decisions on bidding, marketing, sales, purchasing, hiring, and field supervision, was shared between the sole shareholder Jean Zelezniak, her husband, and another employee. This shared control, coupled with Zelezniak's lack of expertise and the company's formation structure, led to the conclusion that the business was family-owned and not independently controlled by Zelezniak as required by regulations for woman-owned business enterprise status. Consequently, the determination to deny recertification was confirmed, and the petition was dismissed.

Woman-owned business enterpriseRecertification denialCPLR Article 78Administrative reviewBusiness controlShareholder controlFamily-owned businessProcedural due processJudicial reviewExecutive Law
References
4
Case No. MISSING
Regular Panel Decision

Katz v. International Ladies' Garment Workers' Union

Plaintiff Leo I. Catz, operating Helene’s Retail Outlet, seeks a temporary injunction to prevent picketing by unnamed defendants (a union). The retail outlet is located in the same building as Helene Manufacturing Co., which performs manufacturing operations for Smart Sue, Inc., a 'struck' plant. The defendants concede their picketing targets both the manufacturer and the retail outlet. The central issue is whether the retail outlet is a separate entity or has a unity of interest with Helene Manufacturing Co., thereby making the picketing lawful. The court reviews evidence regarding shared premises, employees, and financial operations, suggesting an integrated business. Ultimately, the court denies the injunction, citing arguable federal pre-emption by the National Labor Relations Board due to the involvement of interstate commerce, thus limiting the state court's jurisdiction. The court also found the picketing to be reasonable, peaceful, and not misleading.

Labor disputePicketingInjunctionSecondary boycottUnity of interestFederal pre-emptionNational Labor Relations BoardRetail outletManufacturingJurisdiction
References
7
Case No. MISSING
Regular Panel Decision

Menin v. Tully

The petitioner, an estate planner and life insurance agent, sought to review a State Tax Commission determination sustaining a deficiency assessment for unincorporated business taxes for various years between 1964 and 1974. The respondent concluded that the petitioner was an independent contractor rather than an employee. Petitioner worked under an agent’s career contract for New England Life Insurance Company and its general agent, but also sold insurance for other principals and operated with considerable independence, including maintaining his own office and incurring substantial business expenses. The court affirmed the determination, finding substantial evidence to support the conclusion that the petitioner was an independent contractor and therefore subject to the unincorporated business tax.

unincorporated business taxindependent contractorinsurance agentState Tax Commissiontax assessmentCPLR Article 78employer controlbusiness expensestax deficiencyappellate review
References
8
Case No. MISSING
Regular Panel Decision

Wilson v. International Business MacHines, Inc.

Plaintiff Caroline Wilson sued defendants International Business Machines (IBM) and Frank Urban, alleging gender and/or pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and N.Y. Executive Law § 296. Wilson's employment was terminated in 2002 during a reduction in force, shortly after returning from maternity leave. She argued she was unfairly laid off in favor of a male colleague. The defendants moved for summary judgment, asserting a legitimate, non-discriminatory business reason related to retaining the other employee's customer relationships and ongoing deals. The court found that while Wilson established a prima facie case, she failed to demonstrate that the defendants' reasons were a pretext for discrimination, or to present sufficient other evidence of unlawful discrimination. Consequently, the court granted the defendants' motions for summary judgment, dismissing the complaint.

DiscriminationGender DiscriminationPregnancy DiscriminationTitle VIIHuman Rights LawSummary JudgmentLayoffReduction in ForcePretextPrima Facie Case
References
12
Case No. 2018 NY Slip Op 01980, 525411
Regular Panel Decision
Mar 22, 2018

Matter of Portlette v. Manhattan & Bronx Surface Tr. Operating Auth.

Claimant Oneshiua Portlette, a bus operator, appealed a Workers' Compensation Board decision denying her claim for benefits. Initially, her employer, Manhattan & Bronx Surface Transit Operating Authority, paid benefits for injuries Portlette reported sustained in a bus accident. However, the employer later suspended payments and raised fraud concerns after video evidence contradicted Portlette's account of the incident and her injuries. A Workers' Compensation Law Judge (WCLJ) and subsequently the Board found that Portlette failed to prove a causally-related injury and made material misrepresentations. The Appellate Division affirmed the Board's decision, finding no error in the Board's consideration of the employer's evidence despite a lack of timely notice of controversy, and upholding the Board's resolution of conflicting medical opinions which supported that no causally-related injury occurred.

Workers' CompensationCausationFraudVideo EvidenceMedical OpinionNotice of ControversyPreclusionAppellate ReviewBus OperatorInjury Claim
References
7
Case No. MISSING
Regular Panel Decision

Hygrade Operators, Inc. v. Local 333, United Marine Division, I.L.A.

The plaintiffs, Hygrade Operators, Inc., Bush-ey Towing Co., Inc., and Tanker Ira S. Bushey, Inc. (collectively operating as Spentonbush/Red Star Companies), sought summary judgment to vacate an arbitral award. The defendant, Local 333, United Marine Division, I.L.A., AFL-CIO, cross-moved to affirm the award. The original arbitral award found Spentonbush in violation of a no-lockout provision within a Collective Bargaining Agreement and awarded the Union $50,000 in damages. The court examined whether the arbitrator's finding of a lockout was colorably justified and whether the monetary award had sufficient evidentiary basis. The court ultimately determined that the arbitrator modified the plain language of the Collective Bargaining Agreement regarding 'business reasons' for layoffs and that the $50,000 damage award to the Union was entirely unsupported by evidence. As a result, the court vacated the arbitral award.

ArbitrationLabor DisputeCollective Bargaining AgreementLockoutSummary JudgmentArbitral AwardVacate AwardDamagesContract InterpretationFederal Court Review
References
11
Case No. MISSING
Regular Panel Decision

Skyline Specialty, Inc. v. Gargano

Petitioner, a New York-incorporated distributor of specialized equipment, sought certification as a woman-owned business enterprise (WOBE). The application, submitted by sole shareholder Nancy Struzenski, was denied because petitioner failed to demonstrate independent operation as required by state regulations. Petitioner challenged this determination via a CPLR article 78 proceeding, arguing that the respondent agency misinterpreted its own regulations and that the decision lacked substantial evidence. The court upheld the respondent's interpretation of the regulations as reasonable and found ample evidence, including petitioner's deep financial and operational ties to Environmental Products and Services, Inc. (EPS), to support the finding of non-independence. The court further dismissed petitioner's claims of procedural flaws during the initial investigation. Consequently, the determination to deny WOBE certification was confirmed, and the petition was dismissed.

Woman-Owned Business EnterpriseCertification DenialIndependent OperationAdministrative LawCPLR Article 78Judicial ReviewRegulatory InterpretationSubstantial EvidenceBusiness InterdependenceCorporate Structure
References
6
Case No. 2020 NY Slip Op 02513 [182 AD3d 954]
Regular Panel Decision
Apr 30, 2020

Matter of Colon (Pd 10276, Inc.--Commissioner of Labor)

Nicanor Colon filed for unemployment insurance benefits after ceasing operation of his cleaning business, leading the Department of Labor to assess PD 10276, Inc., doing business as Jan-Pro Cleaning Systems of the Hudson Valley, for additional unemployment insurance contributions. An Administrative Law Judge initially ruled Colon an independent contractor, but the Unemployment Insurance Appeal Board reversed this decision, finding Colon and similarly situated individuals to be employees. PD 10276, Inc. appealed the Board's decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's determination, concluding that there was substantial evidence of an employment relationship based on the indicia of control exercised by Jan-Pro Cleaning over its unit franchisees, similar to findings in prior cases like Matter of Baez. The court highlighted requirements like certification, provision of supplies, periodic inspections, and noncompetition clauses as supporting the Board's conclusion.

Unemployment InsuranceIndependent Contractor StatusEmployment RelationshipFranchise AgreementAppellate ReviewSubstantial EvidenceJan-Pro Cleaning SystemsDepartment of LaborUnit FranchiseesLabor Law
References
6
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