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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

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. MISSING
Regular Panel Decision

Wheeler v. Grande'Vie Senior Living Community

Plaintiff John A. Wheeler suffered injuries after slipping on ice and falling in the parking lot of defendant's assisted living facility while helping his mother-in-law move during a snowstorm. The area where he fell had been shoveled, but ice was present beneath a thin layer of snow. Wheeler and his wife initiated a personal injury action, which the Supreme Court dismissed by granting the defendant's motion for summary judgment, citing the "storm in progress" doctrine. On appeal, the higher court affirmed this decision, concluding that the plaintiffs failed to establish that the defendant's snow removal efforts created a hazardous condition or exacerbated the natural hazards of the storm. Furthermore, the court found no duty to warn of icy conditions during an ongoing storm under the specific circumstances, upholding the dismissal of the complaint.

Personal InjurySlip and FallPremises LiabilityStorm in Progress DoctrineSummary JudgmentLandowner DutySnow RemovalIceNegligenceAppellate Review
References
7
Case No. 2019 NY Slip Op 05238 [173 AD3d 1571]
Regular Panel Decision
Jun 27, 2019

Matter of Kriplin (Community Newspaper Group LLC--Commissioner of Labor)

Jonathan Kriplin, a newspaper carrier for Community Newspaper Group LLC (now Community First Holdings, Inc. - CFHI), applied for unemployment insurance benefits after ceasing deliveries. The Department of Labor and an Administrative Law Judge determined that Kriplin and other carriers were employees, making CFHI liable for unemployment insurance contributions. The Unemployment Insurance Appeal Board upheld these findings. The Appellate Division, Third Department, affirmed the Board's decisions, citing substantial evidence of an employment relationship, consistent with prior cases involving CFHI and similar workers. The court dismissed CFHI's arguments regarding independent contractor status and First Amendment rights.

Unemployment InsuranceEmployment RelationshipIndependent ContractorNewspaper CarriersAppellate ReviewSubstantial EvidenceDepartment of LaborUnemployment Insurance Appeal BoardLabor LawFirst Amendment Rights
References
4
Case No. 2022 NY Slip Op 06887 [211 AD3d 432]
Regular Panel Decision
Dec 06, 2022

Lively v. Wafra Inv. Advisory Group, Inc.

The plaintiff, Francis P. Lively, appealed an order that dismissed his complaint against Wafra Investment Advisory Group, Inc. and Fawaz Al-Mubaraki. Lively, a former senior managing director, alleged age discrimination and retaliation under the New York State and City Human Rights Laws after being terminated due to sexual harassment complaints. The court affirmed the dismissal, finding that Lively failed to sufficiently allege age discrimination or a causal connection for retaliation. Additionally, his claims for tortious interference, defamation, negligence, unjust enrichment, and quantum meruit were also found to be inadequately pleaded or barred by other laws. The Second Circuit's prior dismissal of federal claims did not, however, preclude state law claims based on collateral estoppel.

Age DiscriminationRetaliationEmployment LawHuman Rights LawCollateral EstoppelWrongful TerminationTortious InterferenceDefamationUnjust EnrichmentQuantum Meruit
References
16
Case No. MISSING
Regular Panel Decision
Jul 01, 1996

Sormani v. Orange County Community College

The plaintiff, a student and part-time employee at Orange County Community College, filed an action seeking damages for negligence and sex discrimination, alleging sexual harassment by a coach. The Supreme Court partially denied the defendant's cross-motion for summary judgment. On appeal, the order was reversed. The appellate court ruled that the negligence claim was barred by the Workers’ Compensation Law as the plaintiff's exclusive remedy, rejecting the dual-capacity doctrine. The sex discrimination claim was also dismissed due to the plaintiff's failure to timely inform the employer of the conduct and lack of evidence demonstrating employer acquiescence or a supervisory relationship.

NegligenceSex DiscriminationSexual HarassmentSummary JudgmentWorkers' Compensation LawExclusive RemedyDual-Capacity DoctrineExecutive Law 296Title VII Civil Rights ActHostile Work Environment
References
7
Case No. MISSING
Regular Panel Decision

Baldwin v. Goddard Riverside Community Center

Plaintiff Susan Baldwin sued her former employer, Goddard Riverside Community Center, for retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. She alleged retaliation for opposing housing discrimination against Russian applicants and supporting a co-worker's discrimination lawsuit. The defendant moved for summary judgment on all claims. The court found no direct evidence of retaliatory animus or disparate treatment. Relying solely on temporal proximity, the court determined it was insufficient to establish a causal connection between Baldwin's protected activities and the alleged adverse actions, especially given that many adverse actions and termination discussions began before her key protected activities. Therefore, the defendant's motion for summary judgment was granted, and the case was closed.

RetaliationEmployment DiscriminationHousing DiscriminationTitle VIINYSHRLNYCHRLSummary JudgmentProtected ActivityCausal ConnectionTemporal Proximity
References
46
Case No. 2017 NY Slip Op 04342 [151 AD3d 1154]
Regular Panel Decision
Jun 01, 2017

Claim of Pereira-Jersey v. Rockland Community College

Renee Pereira-Jersey, a purchasing agent, filed for workers' compensation benefits in February 2008 due to conditions like breathing difficulties and headaches resulting from workplace mold exposure. A Workers' Compensation Law Judge (WCLJ) established a work-related injury, later amending the claim to include a consequential cognitive adjustment disorder and awarding reduced earnings for a three-day work week, which was affirmed by the Workers' Compensation Board. The employer, Rockland Community College, repeatedly challenged further reduced earnings awards. However, the WCLJ and Board found substantial evidence supporting claimant's causally-related disability preventing full-time work. The Appellate Division, Third Department, affirmed the Board's decision, deferring to its resolution of conflicting medical evidence and finding no abuse of discretion in the Board not considering an issue not raised before the WCLJ.

Workers' Compensation BenefitsMold Exposure InjuryReduced EarningsCognitive ImpairmentOccupational AsthmaChronic SinusitisToxic EncephalopathyAppellate DivisionSubstantial EvidenceConflicting Medical Opinions
References
8
Case No. MISSING
Regular Panel Decision
Dec 01, 2017

Musante v. Mohawk Valley Community College

Robert Musante, a former faculty member, filed a civil rights lawsuit against Mohawk Valley Community College (MVCC) alleging age and gender discrimination, retaliation, and defamation following his termination. MVCC terminated Musante after an investigation into student complaints of classroom misconduct, including sexually explicit stories and inappropriate language. Musante disputes the allegations, claiming the complaints were from disgruntled students and that the investigation was biased, driven by an HR director's disapproval of his teaching style and perceived animus against older male professors. He also claims retaliation for lodging a discrimination complaint and for defamatory statements made by an MVCC employee that hindered his job search. The court denied MVCC's motion for summary judgment, finding genuine disputes of material fact regarding discrimination, retaliation, and defamation, and ordered the claims to proceed to trial.

Age DiscriminationGender DiscriminationRetaliation ClaimDefamation ClaimSummary Judgment MotionFaculty TerminationClassroom MisconductStudent ComplaintsEmployment DiscriminationCivil Rights Litigation
References
28
Case No. 04 CV 4165
Regular Panel Decision

Olsen v. New York Community Bancorp, Inc.

This Memorandum of Decision and Order addresses motions to consolidate eleven related securities fraud class actions and appoint a lead plaintiff and lead counsel. The actions were brought on behalf of investors who purchased New York Community Bancorp, Inc. (NYCB) stock between June 2003 and May 2004, alleging violations of federal securities law due to material misrepresentations and omissions related to NYCB's merger with Roslyn Bancorp, Inc. The Court, presided over by District Judge Hurley, granted the motion to consolidate all actions under case number 04 CV 4165. Applying the Private Securities Litigation Reform Act of 1995 (PSLRA) and Rule 23 of the Federal Rules of Civil Procedure, the Court appointed the "NYCB Group," composed of Metzler Investment GmbH and Bernard Drucker, as the lead plaintiff, determining they had the largest financial interest and satisfied all other requirements. Milberg Weiss Bershad & Schulman LLP was approved as lead counsel. The motions from other groups (Lee Group, Dr. Schnapp, Stevens Group, Dalia Group, Stewart Group) for lead plaintiff were denied.

Securities FraudClass ActionLead PlaintiffLead CounselConsolidation of ActionsPSLRAEastern District of New YorkNYCB GroupMetzler InvestmentBernard Drucker
References
16
Case No. 2022 NY Slip Op 02680
Regular Panel Decision
Apr 22, 2022

Finocchi v. Live Nation Inc.

Carmen J. Finocchi, Jr. sustained injuries while manually loading rigging equipment, leading to a lawsuit against Live Nation Inc. The Supreme Court initially dismissed the complaint, ruling that Finocchi's failure to use an available forklift was the sole proximate cause of his injuries. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court found that Finocchi's choice not to use a forklift could not be deemed the sole proximate cause, particularly as he was instructed to lift the equipment manually. The court also affirmed that the work performed fell under the coverage of Labor Law § 240 (1), reinstating the claim, granting judgment on liability to the plaintiffs, and remitting for a new trial solely on the issue of damages.

LiabilityWorkplace SafetyForkliftManual LiftingAppellate ReviewProximate CauseComparative FaultInjuryDemolition WorkStage Rigging
References
20
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