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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
Dec 29, 2014

City of New York v. Fedex Ground Package System, Inc.

The City and State of New York sued FedEx Ground, alleging the knowing delivery of unstamped cigarettes from 2005 to 2012, which violated the Contraband Cigarette Trafficking Act (CCTA), the Prevent All Cigarette Trafficking Act (PACT Act), the Racketeer Influenced and Corrupt Organizations Act (RICO), and New York Public Health Law § 1399-ii, and constituted a public nuisance. FedEx Ground filed a motion to dismiss these claims. The court denied the motion to dismiss the CCTA, RICO, and RICO conspiracy claims, finding sufficient grounds for aggregation of sales, pattern of predicate acts, participation in the enterprise, injury to business or property, and proximate causation. However, the court granted the motion to dismiss the New York Public Health Law claim, ruling that the 2013 amendment, which would grant the City and State enforcement authority, did not apply retroactively. The court also granted the motion to dismiss the public nuisance claim, concluding that it primarily involved alleged tax evasion, which is already subject to comprehensive regulation, rather than unauthorized shipments to minors.

Contraband CigarettesCigarette TraffickingRICO ActPublic Health LawPublic NuisanceMotion to DismissTax EvasionStatutory InterpretationRetroactive ApplicationProximate Cause
References
42
Case No. MISSING
Regular Panel Decision
Jan 19, 1988

Wilkinson v. Wilkinson

The plaintiff commenced a divorce action against the defendant on the ground of cruel and inhuman treatment. The Supreme Court granted the divorce, awarded maintenance, child support, and equitable distribution of marital property. The defendant appealed, contesting the sufficiency of evidence for cruel and inhuman treatment and the excessiveness of the financial awards. The appellate court affirmed the Supreme Court's judgment, finding ample evidence to support the divorce and deeming the maintenance and child support awards reasonable. The court also rejected the defendant's challenge to the valuation of retirement benefits.

DivorceCruel and Inhuman TreatmentEquitable DistributionMarital PropertyMaintenanceChild SupportAppellate ReviewCredibilityEvidence SufficiencyDomestic Relations Law
References
5
Case No. MISSING
Regular Panel Decision

Incorporated Village of Freeport v. Sanders

The plaintiff appealed an order from the Supreme Court, Nassau County, which dismissed their complaint after granting the third-party defendants' motion for renewal. The appellate court found that Special Term erred in dismissing the complaint on collateral estoppel grounds, as the movants failed to demonstrate that the issue was necessarily decided in a prior Workers' Compensation Board proceeding. The Board's finding regarding a settlement without insurer consent did not require a determination of past workers' compensation payments. Furthermore, Special Term erred on equitable estoppel grounds, noting that this doctrine applies against governmental subdivisions only when manifest injustice is shown, which was not the case here. Additionally, equitable estoppel was not available to the third-party defendants as no representations were made to them by the plaintiff, and no claim was asserted against them. Consequently, the order was reversed, and the third-party defendants’ renewed motion to dismiss the complaint was denied.

Collateral EstoppelEquitable EstoppelGeneral Municipal LawWorkers' Compensation LienThird-Party ActionMotion to DismissAppealGovernmental SubdivisionCivil ProcedureAppellate Practice
References
7
Case No. MISSING
Regular Panel Decision

Viviano v. Allard

This case involves a postjudgment application for equitable distribution of a class action settlement by a former wife against her former husband. The parties were divorced in 1984, with all known marital property having been distributed. The husband became a member of a class action lawsuit against Continental Can Company, where his employment was terminated prior to the divorce, leading to a substantial monetary settlement in 1990. The wife, learning of this settlement in 1992, filed for equitable distribution, arguing the proceeds constituted marital property. The Supreme Court ordered a hearing, finding that the settlement proceeds, if known at the time of divorce, would have been considered marital property. The appellate court affirmed this decision, citing unusual circumstances where an asset was unknown to both parties at the time of the divorce, thereby justifying an opportunity for the wife to litigate the issue. The court held that benefits earned during the marriage, even if realized post-divorce, could be subject to equitable distribution.

Divorce LawEquitable DistributionMarital PropertyClass Action SettlementPostjudgment ReliefRes Judicata ExceptionAppellate ReviewUnforeseen AssetsDeferred CompensationFamily Law
References
8
Case No. 06 Civ. 7784
Regular Panel Decision

National City Golf Finance v. Higher Ground Country Club Management Co.

Defendant and third-party plaintiff Higher Ground asserted claims against third-party defendant ProLink for breach of warranty and for indemnification and contribution. ProLink moved to dismiss the Third-Party Complaint or compel arbitration, citing an arbitration clause and a forum selection clause. Higher Ground argued the agreement was unsigned and unenforceable under the statute of frauds and that claims were outside the scope. The court, applying the Federal Arbitration Act, found an agreement to arbitrate existed due to Higher Ground's conduct, and the claims fell within the broad scope of the arbitration clause. ProLink’s motion was granted, and proceedings on the Third-Party Complaint were stayed pending arbitration in Maricopa County, Arizona.

ArbitrationFederal Arbitration Act (FAA)Contract LawBreach of WarrantyIndemnificationContributionForum Selection ClauseStatute of FraudsAgreement to ArbitrateThird-Party Complaint
References
46
Case No. MISSING
Regular Panel Decision

Turner v. Turner

After a 30-year marriage, the plaintiff wife initiated a divorce action in August 1991, seeking equitable distribution of marital property. The Supreme Court's initial distribution, which allocated approximately 62% of assets to the defendant and 38% to the plaintiff without explanation, was appealed by the plaintiff for equal division. The appellate court concurred, mandating equal division of net rental income and marital residence proceeds. Furthermore, recognizing the significant disparity in their retirement plans and the plaintiff's limited contribution period, the court ruled she was entitled to an equitable share of the defendant's pension. The plaintiff was also granted reimbursement for a $4,410 Workers' Compensation award confiscated by the defendant without proper offset proof. The judgment was modified and the matter remitted for property redistribution and consideration of counsel fees.

Equitable DistributionMarital PropertyDivorceWorkers' CompensationPension DivisionRental IncomeSpousal SupportMarital AssetsReimbursementCounsel Fees
References
1
Case No. MISSING
Regular Panel Decision
Jan 06, 1989

Smith v. Smith

In this case, the Supreme Court, Westchester County, initially granted equitable distribution of State lottery winnings by allocating 85% to the defendant husband and 15% to the plaintiff wife. The parties were married in 1982, and the defendant won $13.5 million in the lottery in 1985 through a pool with co-workers. Although the wife regularly played the lottery, the husband rarely did. The court found the winnings to be marital property but awarded the wife only 15% based on the ticket being acquired solely through the husband's efforts. On appeal, the judgment was unanimously reversed, with the appellate court determining that a more equitable distribution would be an equal division of the lottery winnings, citing the parties' equal contributions to the marriage, their treatment of it as a partnership, and the fact that the winnings were their only significant asset.

Equitable DistributionLottery WinningsMarital PropertySpousal ContributionsDomestic Relations LawProperty DivisionAppellate ReviewMatrimonial AssetsFinancial AssetsDissolution of Marriage
References
7
Case No. Index No. 157783/18, 596011/19; Appeal No. 5535; Case No. 2024-06221
Regular Panel Decision
Jan 08, 2026

Tejeda v. 57th & 6th Ground LLC

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County. The plaintiff, Juan Miguel Presinal Tejeda, was granted partial summary judgment on his Labor Law §§ 240(1) and 241(6) claims after being injured due to a scaffold lacking guardrails. The Supreme Court also granted landlords' motion for summary judgment on their cross-claims for contractual and common-law indemnification and breach of contract against the plaintiff's employer and third-party defendants. The appellate court found that the employer's insurance policies were non-compliant with lease requirements, creating a gap in coverage and resulting in damages to the landlords. The court concluded that the violation of Labor Law § 240(1) proximately caused the plaintiff's injuries and affirmed the lower court's decisions.

Scaffolding AccidentSummary JudgmentIndemnificationBreach of ContractInsurance Coverage DisputePremises LiabilityAppellate ReviewConstruction SafetyThird-Party ClaimsDuty to Provide Safe Workplace
References
4
Case No. MISSING
Regular Panel Decision

Dash v. Equitable Life Assur. Soc. of US

Kenneth Dash, a black employee, sued Equitable Life Assurance Society and Equicor-Equitable HCA Corp. for racial discrimination in employment under Title VII and 42 U.S.C. § 1981, alleging unfair job evaluations, denied promotion, and retaliatory discharge. Defendants moved for dismissal or summary judgment. The court, applying Patterson v. McLean Credit Union retroactively, dismissed claims of discriminatory job evaluations, discriminatory discharge, and retaliatory discharge under § 1981. However, the court denied the motion for summary judgment regarding the discriminatory denial of promotion claim, finding a question of fact as to whether the promotion to Team Leader constituted an opportunity for a "new and distinct" contractual relationship. The promotion claim will proceed to trial.

Racial DiscriminationEmployment DiscriminationTitle VIISection 1981Promotion DenialRetaliatory DischargeSummary JudgmentMotion to DismissPatterson v. McLean Credit UnionNew and Distinct Relation
References
36
Case No. MISSING
Regular Panel Decision

Marcus v. Marcus

This case involves an appeal and cross-appeal challenging a trial court's equitable distribution of marital assets following a divorce between a plaintiff wife and defendant husband, Harold Marcus. The couple's long marriage began in 1948, with the wife contributing to household expenses while the husband completed medical school and later built a successful psychiatric practice and investments. Key disputes included the cut-off date for classifying marital property, the valuation date for assets (with the trial court using the Feb 1985 trial date), and the valuation of the husband's retirement plan trust and professional corporation. The court modified the plaintiff's award from the retirement plan and remitted the matter to the Supreme Court, Westchester County, for a new hearing to determine the value and equitable distribution of the husband's medical license and psychiatric practice.

Equitable distributionMarital assetsDivorce actionProfessional license valuationRetirement planProperty classificationValuation dateSpousal contributionsMarital residenceInvestment account
References
18
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