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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

MacTaggart v. Gibbs & Cox. Inc.

This appeal concerns the dismissal of an action for failure to prosecute for over five years. The plaintiffs' primary excuse for the delay was their involvement in another litigation concerning similar issues. However, the court found that the issues in the two cases were not identical, and a significant period of a year and a half elapsed after the conclusion of the prior litigation without any further action on the present case. The court also considered the prejudice to the defendant, noting the difficulty and impracticability of recouping extra costs from clients related to contracts completed between February 1944 and December 1945. Consequently, the court affirmed the dismissal of the action.

failure to prosecutedismissal of actionappellate reviewdiscretionary powerprejudice to defendantdelay in litigationstipulationsamended complaintnote of issueextra compensation
References
1
Case No. MISSING
Regular Panel Decision

BCRE 230 Riverside v. Fuchs

This case concerns an appeal of two orders from the Supreme Court, New York County. The first order granted the plaintiff's motion to vacate a prior order that allowed the defendant to amend counterclaims and subsequently dismissed those counterclaims. The second order denied the defendant's motion to renew the first order concerning a defamation counterclaim. The appellate court unanimously affirmed both lower court orders, finding the defendant's proposed counterclaims for defamation, injurious falsehood, and malicious prosecution to be palpably insufficient as a matter of law due to failures in meeting pleading requirements for particularity, malice, and special damages. The court also rejected the defendant's argument for discovery and found the facts presented for renewal were not new or would not alter the prior determination.

DefamationInjurious FalsehoodMalicious ProsecutionCounterclaimsMotion to VacateMotion to RenewPleading RequirementsCPLR 3016(a)ParticularitySpecial Damages
References
16
Case No. ADJ3149068 (LAO 0875000)
Regular
Jan 23, 2013

RITA PINELA vs. ASCOT ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND; THE HARTFORD

The applicant sought reconsideration of an order dismissing her workers' compensation claim without prejudice. The claim was initially dismissed on April 19, 2011, due to failure to prosecute, which the applicant did not contest. A subsequent dismissal on November 9, 2012, also for failure to prosecute after the applicant again failed to respond to notices, was properly issued. The Appeals Board denied the petition for reconsideration, finding the applicant's arguments frivolous.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalMedical-legal costsIndustrial injuryMachine operatorCervical spineThoracic spineLumbar spineNeck
References
0
Case No. MISSING
Regular Panel Decision

Ahmed v. Immigration & Naturalization Service

Kalim Ahmed filed a lawsuit against the INS in February 1993, requesting a writ of mandamus to compel the issuance of a work authorization card, claiming he had applied for temporary resident status as a Special Agricultural Worker. The INS moved to dismiss the complaint, citing lack of jurisdiction under Fed.R.Civ.P. 12(b)(1) and failure to prosecute under Fed.R.Civ.P. 41(b), noting Ahmed's non-responsiveness to discovery requests and the motion itself. The Court granted the defendant's motion, concluding that Ahmed failed to demonstrate a clear right to the requested relief, thus lacking mandamus jurisdiction. Additionally, the Court found sufficient grounds to dismiss the case with prejudice due to Ahmed's prolonged and extensive inactivity, constituting a failure to prosecute his claim diligently.

MandamusJurisdictionFailure to ProsecuteImmigration LawWork AuthorizationTemporary Resident StatusSpecial Agricultural Worker ProgramFederal Rules of Civil ProcedureDismissalJudicial Discretion
References
19
Case No. MISSING
Regular Panel Decision

Thomas v. City of Troy

Adrian Thomas filed a civil rights action against City Defendants (City of Troy, Adam R. Mason, Ronald Fountain, Tim Colaneri) and County Defendants (County of Rensselaer, Dr. Michael Sikirica) alleging malicious prosecution, violation of fair trial rights, failure to intervene, and conspiracy. The claims arise from his conviction for his son's murder, based on an allegedly coerced confession and a fabricated autopsy report by Dr. Sikirica. His conviction was later overturned, and he was acquitted in a re-trial. The Court addressed three motions to dismiss, granting in part and denying in part for both sets of defendants regarding Plaintiff's claims. Specifically, Plaintiff's malicious prosecution and certain conspiracy claims survived, while fair trial, failure to intervene, and municipal liability claims were dismissed as untimely or for failing to state a claim. City Defendants' cross-claims against County Defendants for indemnification and contribution were also dismissed.

Civil RightsSection 1983Malicious ProsecutionFabricated EvidenceCoerced ConfessionAutopsy ReportMunicipal LiabilityQualified ImmunityAbsolute ImmunityMotion to Dismiss
References
79
Case No. MISSING
Regular Panel Decision
Dec 31, 2007

Putnam v. County of Steuben

This case involves an appeal from a judgment entered upon a jury verdict in favor of plaintiffs on their cause of action for malicious prosecution. The defendant appealed the judgment, challenging the liability verdict and the award of damages. The Appellate Division affirmed the trial court's denial of the defendant's motion to set aside the liability verdict, concluding that the jury rationally found the defendant's employees acted with reckless disregard for the plaintiff's rights by initiating a criminal prosecution without probable cause. Additionally, the court granted the plaintiffs' cross-appeal, determining that the lower court erred in setting aside the damages award, as damages for malicious prosecution can include those for arrest and imprisonment, and no false arrest claim was present to necessitate a separate instruction on avoiding duplicate awards. The judgment was unanimously affirmed without costs, and the order was modified to deny the defendant’s postjudgment motion in its entirety.

Malicious ProsecutionJury VerdictDamages AwardLiabilityCriminal ProsecutionProbable CauseActual MaliceFalse InstrumentAcquittalPostjudgment Motion
References
15
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
0
Case No. MISSING
Regular Panel Decision

Pardo v. Bialystoker Center & Bikur Cholim, Inc.

The plaintiff appealed two orders from the Supreme Court, New York County. The first order, dated September 12, 2002, and the second, dated February 27, 2003, had denied the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and precluded him from asserting Labor Law claims at trial concerning the alleged failure of defendants to secure a scaffold with "tie-ins." The appellate court modified the lower court's orders, vacating the provisions that barred the plaintiff from offering evidence regarding the defendants' alleged failure to use tie-ins. The court affirmed the orders in all other respects. It emphasized that under Labor Law § 240 (1), a plaintiff only needs to demonstrate that injuries were partially attributable to the defendant's failure to implement statutorily mandated safety measures to protect against elevation-related risks. The court also clarified that contributory negligence is irrelevant in such cases. The plaintiff's belated request to plead a violation of Industrial Code § 23-5.8 (g) was denied due to an unequivocal waiver of his Labor Law § 241 (6) cause of action.

Labor LawScaffold SafetySummary JudgmentElevation HazardsProximate CauseContributory NegligenceTie-insWorkplace AccidentStatutory Safety MeasuresAppellate Decision
References
7
Case No. MISSING
Regular Panel Decision

Arum v. Miller

The plaintiff, Carole Arum, filed a pro se action under 42 U.S.C. § 1983 against multiple defendants, including Richard Miller and the County of Nassau, alleging violations of constitutional rights stemming from incidents on January 5, 2000, at the Syosset School District. The defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim. The court denied motions to dismiss for lack of subject matter and personal jurisdiction. It denied the motions to dismiss against Miller for malicious prosecution and excessive force, but granted motions to dismiss for harassment, abuse of authority, pain and suffering, failure to provide an interpreter, and false arrest. All state causes of action were dismissed sua sponte due to the apparent failure to file a notice of claim, and claims against the Board of Education and Central School District were dismissed under Monell.

Civil Rights42 U.S.C. Section 1983False ArrestMalicious ProsecutionExcessive ForceMotion to DismissSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(6)Qualified Immunity
References
82
Case No. MISSING
Regular Panel Decision

Caldarola v. DeCiuceis

Plaintiff, Rocco Caldarola, a corrections officer, initiated an action under 42 U.S.C. § 1983 against the Westchester County Department of Correction and individuals, alleging malicious prosecution and false arrest. The claims stemmed from an investigation into Caldarola's eligibility for job injury benefits, which led to his arrest for violating the Public Officers Law. Defendants moved for summary judgment, arguing probable cause. The court denied summary judgment on the false arrest claim, citing disputed facts regarding the reliability of the private investigator's report in establishing probable cause. However, summary judgment was granted for the malicious prosecution claim due to the plaintiff's failure to present evidence of malice. The court also partially granted plaintiff's motion to amend the complaint, allowing the addition of Louis D’Aliso as a defendant and the dismissal of William DeCiuceis, but denied the inclusion of a state malicious prosecution claim and a 'liberty deprivation' claim against Andrew Spano.

False ArrestMalicious ProsecutionSummary Judgment MotionProbable CauseCorrections Officer Misconduct42 U.S.C. § 1983Fourth Amendment RightsPublic Officers Law ViolationsResidency Fraud InvestigationLeave to Amend Complaint
References
25
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