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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

Grimmer v. Lord Day & Lord

This case is a class action brought under the Worker Adjustment and Retraining Notification Act (WARN Act) by former employees of the law firm Lord Day & Lord, Barrett Smith. The employees alleged that the firm violated the WARN Act by closing its offices without providing the required sixty days' advance notice. Lord Day asserted statutory exceptions, specifically the 'faltering company' and 'unforeseeable business circumstances' exceptions, as affirmative defenses. Plaintiffs moved for partial summary judgment, contending that Lord Day's notice was insufficient as it merely recited the language of a statutory exception without providing a 'brief statement of the basis' for reducing the notice period. The court agreed with the plaintiffs, ruling that simply citing a statutory exception is inadequate and that specific factual basis is required, thus granting the motion and striking Lord Day's affirmative defenses.

WARN Actplant closingmass layoffnotice periodunforeseeable business circumstancesfaltering company exceptionaffirmative defensessummary judgmentstatutory interpretationemployee rights
References
2
Case No. MISSING
Regular Panel Decision
Apr 13, 1973

Vic's Auto Body & Repair v. Granito

This case concerns an Article 78 proceeding challenging the denial of a special exception permit for an automobile body and fender repair shop. Initially, the Supreme Court, Nassau County, annulled the denial and directed the issuance of the permit. However, the appellate court reversed this judgment, reinstating the appellants' original determination and dismissing the petition. The appellate court found that the appellants' denial was supported by evidence of potential noise, fumes, visual blight from wrecked cars, the residential nature of the vicinity, and the severe negative impact on a neighboring medical practice. The court concluded that the proposed use failed to meet the standards for a special exception permit.

Special Exception PermitZoning DenialAutomobile Repair ShopNuisanceResidential CharacterMedical Practice ImpactCPLR Article 78Abuse of Discretion ReviewProperty ValueAppellate Review
References
1
Case No. MISSING
Regular Panel Decision
Dec 28, 1996

People v. Vasquez

This opinion addresses three consolidated appeals (*People v. Vasquez*, *People v. Dalton*, *People v. Adkinson*) concerning the admissibility of hearsay statements from 911 calls under the "present sense impression" and "excited utterance" exceptions. The Court of Appeals clarified the requirements for present sense impressions, emphasizing strict contemporaneity and independent corroboration, and found these criteria were not met in the offers of proof. Specifically, in Vasquez, the 911 call was excluded due to insufficient corroboration, while Dalton's and Adkinson's 911 statements were inadmissible for lacking contemporaneity. The Court affirmed the convictions in Vasquez and Dalton, and modified Adkinson's sentence regarding consecutive counts while otherwise affirming the conviction.

Hearsay RulePresent Sense ImpressionExcited Utterance911 CallsEvidentiary LawCriminal AppealsCorroboration RequirementContemporaneity PrincipleSentencing ModificationIdentification Testimony
References
20
Case No. 8 N.Y.3d 1007
Regular Panel Decision
Jun 12, 2007

MATTER OF GREENE COUNTY DEPT. OF SOCIAL SERVICES v. Ward

Dawn Ward adopted Jeffrey, a special needs child with severe behavioral and developmental issues, and received a monthly adoption subsidy. When Jeffrey's behavior escalated, posing safety risks, Ms. Ward attempted a temporary relinquishment of parental rights to the Greene County Department of Social Services (GCDSS). GCDSS, however, only allowed a permanent surrender, which Ms. Ward accepted. Subsequently, GCDSS initiated a petition for child support against Ms. Ward, who challenged the obligation on grounds of statutory exception and equitable estoppel. The Court of Appeals affirmed the lower court's decision, ruling that as an adoptive parent, Ms. Ward retained the financial support obligation, and the specific statutory exception for unwed biological mothers did not apply to her. The court also highlighted GCDSS's failure to provide Ms. Ward with required notifications and access to support services, although these omissions did not alter the child support ruling in this case.

Adoption LawChild Support ObligationParental RightsSpecial Needs ChildrenSocial Services LawEquitable EstoppelNew York Court of AppealsFamily LawChild WelfareVoluntary Surrender
References
4
Case No. MISSING
Regular Panel Decision

Caldaro v. Float No. 187

The libelant, employed as a stowman on Float No. 187, was injured due to the vessel's unseaworthy condition and subsequently filed a libel. This action follows a previous case where the libelant sued his employer, Baltimore and Ohio Railroad Company, for the same injuries. In that prior action, the complaint was dismissed, with Judge J. Edward Lumbard ruling that the Longshoremen's and Harbor Workers' Compensation Act provided the exclusive remedy. Citing a similar precedent, the court in the present case sustained the respondent's exceptions to the libel, leading to its dismissal.

Seaman InjuryUnseaworthinessLongshoremen's and Harbor Workers' Compensation ActExclusive RemedyAdmiralty LawMaritime LawLibelExceptionsCase DismissalFederal District Court
References
4
Case No. MISSING
Regular Panel Decision

Desmond-Americana v. Jorling

This case involves five CPLR article 78 proceedings and declaratory judgment actions challenging amendments to 6 NYCRR part 325, which mandated multiple pesticide notification devices. The petitioners challenged these regulations, promulgated by the Commissioner of Environmental Conservation, arguing the Commissioner exceeded his authority and that the Department of Environmental Conservation (DEC) failed to comply with statutory procedures. The Appellate Court found two main issues: first, DEC failed to adhere to the mandatory time limits for filing regulations under the State Administrative Procedure Act, rendering the amendments ineffective. Second, DEC violated the State Environmental Quality Review Act (SEQRA) by issuing negative declarations without preparing an Environmental Impact Statement (EIS), despite clear evidence of significant adverse environmental impacts, particularly on the Integrated Pest Management (IPM) program. Consequently, the court annulled all amendments to 6 NYCRR part 325, declaring them invalid.

Administrative LawEnvironmental LawRegulatory ComplianceStatutory InterpretationState Administrative Procedure ActState Environmental Quality Review ActEnvironmental Impact StatementPesticide RegulationsIntegrated Pest ManagementAnnulment of Regulations
References
10
Case No. ADJ9871301
Regular
Dec 06, 2018

ISRAEL NAVARRETE HERNANDEZ vs. SUPERIOR TRAILER WORKS/CANNON COCHRAN IRVINE; THE HARTFORD

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's decision. The Board gave great weight to the WCJ's credibility determination regarding the applicant's testimony. The applicant's report of injury was found to be contemporaneous with his termination, thus falling under an exception to the post-termination defense. The Board also found substantial medical evidence from the defendant's own clinic supporting the applicant's industrial injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.post-termination defenseLabor Code Section 3600(a)(10)AOE/COEcumulative traumaLabor Code Section 5412substantial medical evidence
References
7
Case No. MISSING
Regular Panel Decision
May 11, 1988

People v. Linton

The defendant appealed a judgment convicting him of second-degree murder, attempted first-degree assault, and criminal possession of a weapon. The case involved the murder of Yvonne Linton by her estranged husband, Michael, where identity was largely circumstantial. The People introduced evidence of the defendant's prior bad acts and threats against his wife to prove motive and intent, which the court found highly probative and admissible under Molineux exceptions. Additionally, the victim's contemporaneous excited utterance identifying "Michael" as the murderer was properly admitted. The judgment was affirmed, with the court finding other contentions unpreserved or without merit.

Criminal lawMurderAttempted assaultWeapon possessionEvidentiary rulesMolineux evidencePrior bad actsMotiveIdentityExcited utterance
References
14
Case No. MISSING
Regular Panel Decision

State v. J.A.

This case addresses the extent to which a psychiatrist can rely on out-of-court materials, such as presentence reports and parole records, to establish a history of sex offenses for a "mental abnormality" diagnosis in a Mental Hygiene Law article 10 proceeding. The petitioner's expert psychiatrist diagnosed respondent Mr. A. with pedophilia, paraphilia n.o.s., and antisocial personality disorder, relying on various criminal history documents. The diagnosis of pedophilia specifically hinged on two 1961 incidents, whose underlying facts were challenged by the respondent as unreliable hearsay. The court analyzed the professional reliability and business record exceptions to the hearsay rule, finding that documents supporting 1980 and 1992 convictions were reliable due to corroboration. However, the reports for the 1961 convictions were deemed unreliable, lacking sufficient indicia of reliability, contemporaneity, and unchallengeable contents. Consequently, the court disregarded and excluded the expert's conclusion of pedophilia, as it was solely based on these unreliable hearsay documents, while affirming the reliance on other, more reliable evidence.

Mental Hygiene Law Article 10Sex Offender Management and Treatment Act (SOMTA)Expert TestimonyHearsay EvidenceProfessional Reliability ExceptionBusiness Records ExceptionPsychiatric DiagnosisPedophiliaPresentence ReportsParole Records
References
33
Case No. MISSING
Regular Panel Decision
Oct 12, 2010

Gunther v. Capital One, N.A.

Plaintiff Eric Gunther filed a class action against Capital One Bank and Capital One Financial Corporation, alleging improper banking fees. Gunther, a former North Fork Bank customer, became a Capital One Bank account holder after a merger. He claimed Capital One Bank increased fees, including ATM withdrawal and overdraft fees, without proper notice, charged 'Undeliverable Mail Fees,' deceptively marketed 'free checking,' and failed to provide fee schedule notifications. The Court dismissed most of Gunther's breach of contract claims, except for the 'Undeliverable Mail Fees' claim. Claims under the Connecticut Unfair Trade Practices Act and for unjust enrichment were also dismissed. A New York General Business Law § 349 claim was dismissed with leave to replead. The Court denied dismissal for the declaratory judgment claim against Capital One Bank. All claims against Capital One Financial were dismissed, as the plaintiff failed to establish direct or indirect liability through corporate veil piercing.

Consumer Class ActionBanking FeesBreach of ContractMotion to DismissCorporate Veil PiercingTruth in Savings Act (TISA)Unjust EnrichmentDeclaratory JudgmentStanding to SueNew York General Business Law
References
33
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