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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

Striegel v. Hillcrest Heights Development Corp.

Plaintiff Robert Striegel sought partial summary judgment against Hillcrest Heights Development Corporation under Labor Law §§ 240(1) and 241(6) for injuries sustained from a fall while working on a sloped roof. Striegel, an employee of Sahlem's Roofing and Siding, slipped on a frost-covered sub-roof, fell, and slid down the roof, alleging that Hillcrest, as owner and general contractor, failed to provide safety devices. Defendants argued that the injury was from lifting or that the fall was onto the roof surface, not from an elevated height, citing White v Sperry Supply & Warehouse. The court distinguished White, finding that the sloped roof in this case made the fall directly related to gravity, thus falling within the purview of Labor Law § 240(1). Consequently, the court granted Striegel partial summary judgment on liability and also granted Hillcrest a conditional judgment for common-law indemnification against Sahlem’s, finding no active negligence on Hillcrest's part.

Construction AccidentSummary JudgmentLiabilityIndemnificationLabor LawElevated Work SiteGravity-Related HazardRoofingFall ProtectionPersonal Injury
References
4
Case No. MISSING
Regular Panel Decision

Tower Insurance v. Classon Heights, LLC

This case is a declaratory judgment action regarding an insurance coverage disclaimer based on late notice of a personal injury claim. Plaintiff Tower Insurance issued a liability policy to Classon Heights and Renaissance Realty, who were notified of an accident involving Elizabeth Gonzalez on their premises in October 2006. Despite knowing about the incident where Gonzalez fell and was taken to a hospital, the insureds waited five months, until March 2007, to notify Tower Insurance. Tower Insurance subsequently disclaimed coverage due to the untimely notice and initiated this action to declare it had no duty to defend or indemnify the insureds. The Supreme Court granted summary judgment to Tower Insurance, concluding that a five-month delay was untimely as a matter of law and the insureds' belief in nonliability was unreasonable given their immediate knowledge of Gonzalez's fall and hospital transport.

Insurance CoverageDisclaimer of CoverageLate Notice of ClaimPersonal InjuryDeclaratory JudgmentSummary JudgmentDuty to NotifyPolicy ConditionsTimeliness of NoticeReasonable Belief
References
11
Case No. MISSING
Regular Panel Decision

Tucker v. Wyckoff Heights Medical Center

Karen Tucker, a pro se plaintiff, sued Wyckoff Heights Medical Center and Dr. Ronald Guberman for breach of contract, Title VII retaliation, defamation, and tortious interference with prospective business relations. The defendants moved to dismiss the complaint, which the court treated as a motion for summary judgment. Plaintiff's claims stemmed from her assertion that she was entitled to a residency completion certificate despite not completing the program, and alleged retaliatory and defamatory actions by defendants regarding her employment. The court granted the defendants' motion for summary judgment, finding that many of Tucker's claims were barred by a prior settlement agreement or failed on the merits, as her factual allegations did not support the legal elements of her claims. The court also denied Tucker's request to amend her complaint as futile, though it allowed her to pursue breach of contract claims in New Jersey.

Employment DiscriminationRetaliationDefamationTortious InterferenceSummary JudgmentPro Se LitigationBreach of ContractSettlement AgreementMedical ResidencyFederal Civil Procedure
References
52
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. MISSING
Regular Panel Decision

Washington Heights-West Harlem-Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This case involves a dispute between District 1199, National Union of Hospital and Health Care Employees, and Washington Heights-West Harlem-Inwood Mental Health Council, Inc. The union sought to enforce an arbitration award requiring the Council to rehire and provide back pay to an employee, Edward Lane. The Council cross-moved to vacate the award, arguing that no valid collective bargaining agreement with an arbitration clause existed between the parties. Although the parties had acted under the terms of a proposed agreement for a period, including processing some grievances and wage increases, no formal, signed contract had ever been executed. Citing recent appellate court decisions emphasizing contract formalism over implied intent, the District Court granted the Council's motion to vacate the arbitration award and denied the union's motion to enforce it, concluding that without a signed agreement, there was no contractual duty to arbitrate.

Arbitration AwardSummary JudgmentContract FormationCollective BargainingLabor DisputeContract FormalismVacation of AwardEnforcement of AwardMeeting of the MindsFederal Court
References
23
Case No. MISSING
Regular Panel Decision
Dec 05, 1978

Sanders v. Southfield Heights, Inc.

In an action to recover damages for wrongful death, the plaintiff appealed an order from the Supreme Court, Rockland County. The order granted defendant Southfield Heights, Inc.'s motion for summary judgment, dismissing the complaint against it. The complaint alleged causes of action for negligence and wrongful death. The court found that no reasonable view of the allegations supported a claim of intentional tort. Sections 10 and 11 of the Workers' Compensation Law served as an absolute bar to the action against the respondent. Consequently, the dismissal was deemed proper, and the order was affirmed insofar as appealed from.

Wrongful DeathNegligenceSummary JudgmentWorkers' Compensation LawIntentional TortDismissalAppeal AffirmedAbsolute Bar
References
1
Case No. MISSING
Regular Panel Decision
Jan 25, 2016

Francis v. Wyckoff Heights Medical Center

Plaintiff Pauline Francis, a former Emergency Department Technician at Wyckoff Heights Medical Center, brought suit against her employer and supervisor Betty O'Hagan for disability discrimination and failure to accommodate under the ADA, NYSHRL, and NYCHRL. Francis, a breast cancer survivor suffering from lymphedema, alleged her frequent absences due to her condition were tolerated until Ms. O'Hagan's strict enforcement of attendance policies led to her termination. The court granted defendants' motion for summary judgment, finding that while Francis was disabled, she failed to demonstrate she was 'otherwise qualified' for her job, as regular and predictable attendance was an essential function that could not be reasonably accommodated by unlimited sick days or unavailable light duty. Consequently, ADA claims were dismissed with prejudice, and state law claims were dismissed without prejudice due to declining supplemental jurisdiction.

Disability DiscriminationAmericans with Disabilities ActEmployment LawSummary JudgmentReasonable AccommodationLymphedemaBreast Cancer SurvivorAbsenteeismTermination of EmploymentEastern District of New York
References
56
Case No. MISSING
Regular Panel Decision
Jan 05, 1999

Cruz v. Bridge Harbor Heights Associates

The Supreme Court, New York County, originally awarded the plaintiff-respondent damages and decreed indemnification for defendants Bridge Harbor Heights Associates and Manhattan Skyline Management Corp. against third-party defendant Hoszowski. The appellate court modified this judgment, vacating the award for future pain and suffering and ordering a new trial on these damages, unless the plaintiff agrees to a reduced verdict of $1,500,000 from $2,000,000 for future pain and suffering, and $450,000 from $600,000 for future lost earnings. The court otherwise affirmed the judgment, upholding the dismissal of the plaintiff's Labor Law § 200 cause of action and the finding that the defendants were entitled to indemnification from Hoszowski, the plaintiff's employer. Additionally, the trial court's amendment of the bill of particulars to include additional injuries and treatment was affirmed, as the third-party defendant was deemed to be aware or in a position to be aware of the relevant information. All other arguments for appellate relief were found unavailing.

Damages ReductionFuture Pain and SufferingFuture Lost EarningsIndemnificationThird-Party DefendantLabor Law § 200Bill of Particulars AmendmentAppellate ReviewJury TrialSupreme Court Judgment
References
5
Case No. MISSING
Regular Panel Decision

City of New York v. Unsafe Building & Structure Number 97 Columbia Heights

The City of New York filed a motion to tax and adjust costs and disbursements related to an Unsafe Building proceeding for a property at 97 Columbia Street, Brooklyn, following a major fire in February 1980. The city sought judgment for demolition costs incurred after a court precept was issued. The respondent owner, 97 Columbia Heights Housing Corp., challenged the city's claim, arguing that the demolition lacked competitive bidding and that the owner was denied an opportunity to perform the work. Justice Gerald Adler found no merit in the respondent's contentions, ruling that an emergency justified bypassing competitive bidding and that the owner failed to meet the conditions to perform the work themselves. The court ultimately granted the city's motion in all respects.

Unsafe BuildingDemolition CostsEmergency DemolitionCompetitive Bidding ExemptionAdministrative CodeGeneral Municipal LawProperty Owner ResponsibilityMechanic's LienFire DamagePublic Safety
References
0
Case No. MISSING
Regular Panel Decision

Washington Heights—West Harlem—Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This District Court opinion addresses motions by the Washington Heights Mental Health Council to amend its complaint and by District 1199 to enforce an arbitration award. Previously, the court vacated an award reinstating Edward Lane with back pay, but the Second Circuit reversed and remanded. The court now finds an oral collective bargaining agreement existed, generally requiring enforcement of the arbitration award. However, new serious allegations against Lane, if proven, could justify discharge. A strong public policy against reinstating a mental health worker accused of sexually molesting patients warrants staying his reinstatement pending arbitration of these new claims. Despite this, the court orders the Council to comply with the back pay portion of the arbitration award, finding no public policy violation in that aspect.

Arbitration Award EnforcementCollective Bargaining AgreementBack PayReinstatement StayedSexual Misconduct AllegationsPublic Policy ExceptionLabor DisputeAmended ComplaintFederal Rules of Civil ProcedureRemand Order
References
11
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