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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

Unified Court System v. Court Attorneys Ass'n

The case addresses the arbitrability of a dispute between the Unified Court System (petitioner) and a respondent union. The petitioner had designated three newly hired Supervising Court Attorneys as "managerial/confidential," asserting that this classification falls under the Public Employment Relations Board (PERB) as per the Taylor Law and not within the scope of arbitration. Conversely, the respondent union argued that the matter should be arbitrated under the Collective Bargaining Agreement's (CBA) recognition clause and general arbitration provisions. The court applied a two-step analysis to assess arbitrability, concluding that there were no statutory or public policy prohibitions preventing arbitration of the "managerial or confidential" designation. It also found a reasonable relationship between the dispute's subject matter and the CBA's provisions regarding new positions. Consequently, the court denied the petitioner's motion to stay arbitration and granted the respondent's cross-motion, directing the parties to proceed with arbitration.

Public Employment ArbitrationManagerial/Confidential Employee DesignationCollective Bargaining Agreement (CBA)Taylor LawCivil Service LawPublic Employment Relations Board (PERB)Arbitrability DisputeUnion RepresentationGrievance ProcedureNew York Court System
References
13
Case No. MISSING
Regular Panel Decision

In re Canal

The defendants in the Love Canal litigation sought to discover and copy confidential health records from the New York State Department of Health concerning the 1,500 plaintiffs. These records included questionnaires, hospital records, blood tests, and medical examinations, gathered by the Department of Health during its investigation into health complaints in the Love Canal area, with promises of confidentiality to residents. The defendants argued that by commencing litigation, the plaintiffs waived their confidentiality rights. The State, however, opposed the motion citing the Public Health Law's confidentiality provision, emphasizing the public policy of protecting privacy and fostering trust for health data collection. The court denied the defendants' request for records held by the State, finding no waiver of privilege for State-conducted studies. However, the court affirmed the defendants' right to seek medical records directly from the plaintiffs through proper discovery procedures, such as CPLR 3121, provided the defendants demonstrate the plaintiffs' medical condition is in controversy.

Discovery ProceedingsConfidentiality PrivilegePublic Health LawPhysician-Patient PrivilegeMedical RecordsToxic TortEnvironmental LitigationWaiver of PrivilegeCPLRNiagara County
References
7
Case No. MISSING
Regular Panel Decision

Constance B. v. Joan M.

This case involves a motion to quash a judicial subpoena duces tecum issued by respondent Joan M. The subpoena sought all records pertaining to Sonya M. from Under 21, a private, not-for-profit corporation serving runaway and homeless youths. The underlying matter is a petition where Sonya M.'s mother and her paramour, Robert B., are charged with child abuse and neglect. The court determined that the information sought was irrelevant to the neglect proceeding, deeming it a "fishing expedition." Crucially, the court found that Under 21 is legally prohibited from disclosing such information due to the confidentiality provisions of the Runaway and Homeless Youth Act of 1978 (Executive Law, art 19-H, § 532 et seq.) and its implementing regulations (9 NYCRR 182.1 et seq.). The court emphasized the legislative intent to protect the confidentiality of runaway youth records, noting that the Family Court Act § 1046's exceptions to privilege do not extend to runaway home records. The court granted the motion to quash, affirming that the cloak of confidentiality for runaway homes shall not be broken without the youth's written consent.

ConfidentialityRunaway and Homeless Youth ActSubpoena Duces TecumChild Abuse and NeglectFamily LawStatutory InterpretationDisclosure of RecordsYouth ServicesConfidential CommunicationsLegislative Intent
References
2
Case No. MISSING
Regular Panel Decision
May 15, 1978

Groner v. Angel Guardian Home

This case involves an action to recover damages for breach of an employment contract due to alleged age discrimination. The parties appealed from an order regarding interrogatories, which was subsequently modified upon plaintiff's motion for reargument. The court dismissed the appeal from the initial order, deeming it superseded. The orders dated March 15, 1978, and May 15, 1978, were modified to include provisions for redacting identifying information from interrogatory answers, limiting the scope of several interrogatories, and mandating strict confidentiality for all disclosures. The court affirmed the orders as modified, emphasizing the need to balance disclosure policies with the confidentiality requirements of the Social Services Law.

age discriminationemployment contractbreachinterrogatoriesdisclosureconfidentialityappellate reviewKings County Supreme CourtSocial Services LawCPLR
References
2
Case No. Docket No. 8
Regular Panel Decision

Desano v. Blossom South, LLC

This case involves a lawsuit alleging violations of the Family Medical Leave Act (FMLA), Americans with Disability Act (ADA), and a state law claim for libel per se. The Plaintiff, an employee of the Defendant, claimed that confidential medical information was improperly disclosed in violation of ADA confidentiality provisions. The Defendant filed a motion to dismiss all federal claims and the state law claim. The Court dismissed the FMLA claims (First, Second, and Fourth causes of action) but allowed the ADA claim and the state law libel per se claim (Third and Fifth causes of action) to proceed, finding a plausible claim under 42 U.S.C. § 12112(d)(4).

FMLA violationsADA violationsLibel per seMotion to dismissConfidentiality of medical informationEmployer inquiryJob-related functionsSupplemental jurisdictionPlausibility standardRule 12(b)(6)
References
7
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

People v. Doe

Defendant, charged with assault and harassment after biting a security officer at an HIV/AIDS Services Administration (HASA) location, filed a motion to seal court papers and to prevent the complainant from referencing defendant's alleged HIV status, citing Public Health Law § 2780 et seq. The defendant argued that the security officer, as an agent of HASA, was bound by confidentiality provisions regarding HIV-related information. The court determined that Article 27-F of the Public Health Law applies only to persons who provide health or social services, a category that did not include the complainant security officer. Consequently, the defendant's motion to preclude the HIV-related testimony was denied. However, the court granted the application to seal the underlying motion papers, citing the sensitive nature of the proceedings and the strong public policy favoring confidentiality.

HIV confidentialityPublic Health Law 27-FAssault third degreeHarassment second degreeConfidentiality of HIV related informationSealing motion papersTestimony preclusionSocial services lawAgency theoryCriminal procedure
References
1
Case No. MISSING
Regular Panel Decision

Russo v. Estée Lauder Corp.

Daniel Russo, a former Estée Lauder employee, sued the company alleging disability discrimination, retaliation for a prior lawsuit, and breach of a settlement agreement related to his long-term disability benefits. The defendant, Estée Lauder, moved for summary judgment on all claims, while Russo and his attorney, Frederick K. Brewington (third-party defendants), also moved for summary judgment on Estée Lauder's counterclaims for breach of confidentiality. The court granted Estée Lauder's motion for summary judgment on Russo's amended complaint, dismissing all his claims (breach of contract, Title VII, ADA, and New York Executive Law § 296). The court also denied the third-party defendants' motion for summary judgment on Estée Lauder's counterclaims, finding triable issues of fact regarding alleged breaches of the confidentiality provisions. Additionally, Estée Lauder's motion to strike certain documents was granted in part, and its motion for sanctions against Russo and his attorney was denied.

Summary JudgmentBreach of ContractRetaliation ClaimDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)New York Executive Law § 296ERISA PreemptionSettlement AgreementConfidentiality Breach
References
72
Case No. MISSING
Regular Panel Decision
Apr 05, 1990

Trump Village Section 3, Inc. v. Sinrod

The case involves a dissenting opinion regarding a landlord-tenant dispute over an anti-pet provision in a cooperative building. Judge Friedmann dissents, arguing that the defendants, the Sinrods, openly and notoriously harbored their dog, Coco, for seven months, thereby leading the plaintiff cooperative to waive its anti-pet policy under New York City's "Pet Law." Despite the plaintiff's claim of late awareness, the judge found the evidence of frequent public dog walking compelling. The dissent concludes that ruling against the defendants would impose an unreasonable burden on tenants and defeat the purpose of the Pet Law, especially since no nuisance was cited. Therefore, the judge advocates for reversing the prior order and dismissing the complaint.

Pet LawWaiverNo-Pet PolicyOpen and Notorious HarboringCooperative HousingApartment RegulationsNew York City Administrative CodeHousing DisputeTenant RightsLandlord-Tenant Law
References
1
Case No. 2025 NY Slip Op 03046 [238 AD3d 998]
Regular Panel Decision
May 21, 2025

Gaudreau v. Cucuzzo

The plaintiff, David Gaudreau, appealed an order granting summary judgment to Randall Provisions, Inc., dismissing the complaint against it. The personal injury action arose from a motor vehicle collision involving the plaintiff and Vincent N. Cucuzzo, who worked for Randall. The central legal question was whether Cucuzzo was an employee or an independent contractor, crucial for establishing Randall's vicarious liability under the doctrine of respondeat superior. The Supreme Court had initially found Cucuzzo to be an independent contractor and granted summary judgment. However, the Appellate Division reversed this decision, determining that Randall failed to present sufficient evidence to eliminate all triable issues of fact regarding Cucuzzo's employment status, noting conflicting evidence on control and compensation.

Respondeat SuperiorVicarious LiabilityIndependent ContractorEmployee StatusSummary JudgmentMotor Vehicle CollisionPersonal InjuriesTriable Issues of FactAppellate ReviewEmployment Law
References
15
Case No. MISSING
Regular Panel Decision

New York Skyline, Inc. v. Empire State Building Co.

New York Skyline Inc. (Skyline) appealed a Bankruptcy Court judgment regarding a lease dispute with its landlord, ESB. The District Court, after vacating the initial judgment due to jurisdictional issues and remanding, is now reviewing the Bankruptcy Court's proposed findings as findings of fact and conclusions of law. The appeal centered on two provisions: the "Electricity Provision" concerning utility billing methodology and the "Protocol Provision" which restricted Skyline's employees from receiving commissions for sales "near the Building". The District Court accepted the Bankruptcy Court's findings on the Electricity Provision, ruling in favor of ESB. However, the District Court rejected the Bankruptcy Court's interpretation of "near the Building" in the Protocol Provision, finding that ESB had not proven its broader definition and thus limiting the scope of any potential injunction against Skyline.

Bankruptcy AppealLease DisputeContract InterpretationElectricity BillingSales CommissionsGeographic RestrictionDemand (Electricity)Connected LoadJudicial ReviewLandlord-Tenant Law
References
27
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