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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2021 NY Slip Op 01050 [191 AD3d 884]
Regular Panel Decision
Feb 17, 2021

Matter of Faith A. M. (Faith M.)

The mother, Faith M., appealed an order from the Family Court, Kings County, which found her to have derivatively neglected her child, Faith A.M. This finding stemmed from a prior neglect determination in May 2014 concerning her other children due to excessive corporal punishment, which the court deemed proximate in time to the current proceeding. The evidence presented, including statements from siblings, testimony from a school counselor, and observations of injuries, corroborated the ongoing use of excessive corporal punishment. The Family Court's assessment of the mother's credibility, finding her denials incredible, was supported by the record, reinforced by her guilty plea to disorderly conduct related to similar allegations. The Appellate Division affirmed the Family Court's order, as the mother failed to provide evidence that the circumstances leading to the neglect finding no longer existed.

Child NeglectDerivative NeglectCorporal PunishmentFamily Court ActAppellate ReviewParental JudgmentPreponderance of EvidenceCredibilityPrior FindingsRisk of Harm
References
11
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. MISSING
Regular Panel Decision
Nov 09, 2005

Plaza Restoration, Inc. v. Nationwide Mutual Insurance

The plaintiff insured brought an action seeking a declaratory judgment, alleging that the defendant insurer breached its covenant of good faith and fair dealing. This alleged breach related to a personal injury action previously commenced against the plaintiff by a construction worker. The defendant appealed an order from the Supreme Court, Nassau County, which had denied its motion to dismiss the complaint or for summary judgment, arguing the action was premature. The appellate court rejected the defendant's contention, affirming that a declaratory judgment action against an insurer is permissible even before a judgment in the underlying action. The order of the Supreme Court was affirmed, with costs.

Declaratory JudgmentBreach of CovenantGood Faith and Fair DealingInsurance LawPersonal InjuryConstruction Site InjuryRipeness DoctrineMotion to DismissSummary JudgmentAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Feb 05, 1999

Dunbar Ex Rel. National Labor Relations Board v. Carrier Corp.

Sandra Dunbar, Regional Director of the National Labor Relations Board (NLRB), petitioned for a Section 10(j) injunction against Carrier to prevent the relocation of its TR-1 facility from Syracuse, New York, to Huntersville, North Carolina. The NLRB alleged that Carrier failed to bargain in good faith with Sheet Metal Workers International Association, Local No. 527 (union) over the relocation decision, insisting to impasse on a non-mandatory subject that would alter the bargaining unit's scope. The court found reasonable cause to believe Carrier committed unfair labor practices by failing to bargain in good faith regarding the mandatory subject of relocation. The injunction was granted in part, ordering Carrier to bargain in good faith with the union on the relocation decision and its effects, and enjoining further relocation actions without a good-faith impasse or agreement. A subsequent motion by Carrier for reconsideration, modification, and a limited stay pending appeal was denied.

Labor RelationsUnfair Labor PracticeCollective BargainingSection 10(j) InjunctionRelocation of WorkBargaining ImpasseMandatory Bargaining SubjectPermissive Bargaining SubjectWaiver of RightsStatus Quo Ante
References
29
Case No. MISSING
Regular Panel Decision

In re the Judicial Dissolution of Good Co. General Store Cooperative

Petitioners Diane Mohney and Laura Ferris sought judicial dissolution of Good Company General Store Cooperative under Business Corporation Law § 1104-a, or alternatively, an accounting and judgment for their capital accounts. The court denied the petition for dissolution, finding petitioners lacked standing as their membership shares were automatically transferred upon termination of employment according to the cooperative's by-laws and Cooperative Corporations Law. However, the court granted the petitioners' alternative request, ordering Good Company to account for and pay the value of each petitioner’s capital account within 60 days, in compliance with its By-Laws. All other requests for judgment were denied without prejudice.

Worker CooperativeJudicial DissolutionBusiness Corporation Law § 1104-aCooperative Corporations LawMembership Share RedemptionInternal Capital AccountsBy-Laws DisputeCorporate StandingEmployment TerminationMember Rights
References
0
Case No. ADJ6889455
Regular
Jun 10, 2011

SALVADOR RUIZ vs. WASTE CONNECTIONS INC., ESIS

The Workers' Compensation Appeals Board denied reconsideration of a psychiatric injury claim where the employer asserted a good faith personnel action defense. The Board found the employer failed to prove the personnel action was in good faith, noting evidence of racial animus and inconsistent disciplinary practices. Furthermore, even if the action were deemed in good faith, the employer did not meet its burden of proving it was a substantial cause (35-40%) of the applicant's psychiatric injury, as the medical evidence did not apportion causation. Therefore, the defense under Labor Code section 3208.3(h) was not established.

Labor Code section 3208.3(h)psychiatric injurygood faith personnel actionsubstantial causeobjective reasonablenesspretextualagreed medical evaluatorcausation apportionmentmedical evidencediscriminatory
References
6
Case No. MISSING
Regular Panel Decision

Smilow v. Ulrich

Petitioner Marc Smilow initiated an owner's use holdover proceeding to recover a rent-stabilized apartment for conversion into a single-family home. The respondent tenant sought discovery, including document production and the deposition of petitioner's wife, to determine the petitioner's good-faith intent. Petitioner opposed, citing a lack of 'ample need' and statutory changes regarding good faith. The court, however, reiterated that owners must still demonstrate good faith in such proceedings. Concluding that the facts regarding petitioner's intent were exclusively within his knowledge, the court granted respondent's motion for disclosure and for leave to depose Jill Smilow.

Owner's Use ProceedingHoldover ProceedingRent-Stabilized ApartmentDiscoveryDisclosureCPLR 408Good Faith RequirementLandlord-Tenant LawDeposition of Non-PartyTenant's Defense
References
35
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Willoughby Realty & Management Co. & New York State Independent Union of Building Service Employees & Factory Workers, Local 2

The court reversed a prior order, granting the petitioner's motion to stay arbitration in a dispute between employers and a union. The core issue was the employers' right to lay off employees under a collective bargaining agreement, which required "good faith and sound business judgment." While the union challenged the employers' good faith, the court found insufficient facts presented to raise a genuine issue for arbitration. Therefore, the arbitration was stayed. A dissenting opinion argued that the record contained adequate circumstances to challenge the employer's good faith, warranting arbitration. An appeal from a decision by Justice Conlon dated November 5, 1959, was dismissed on grounds of non-appealability.

Arbitration StayCollective Bargaining AgreementEmployee LayoffsEmployer RightsUnion DisputeGood Faith ClauseJudicial ReviewAppellate ReversalDissenting OpinionLabor Law
References
1
Case No. MISSING
Regular Panel Decision

Claim of Mattoon v. New York State Department of Labor

Claimant, an agency services representative with the Department of Labor, ceased employment in December 1993 due to work-related stress causing depression, posttraumatic stress disorder, and generalized anxiety disorder. Her claim for workers’ compensation benefits was denied by the Workers’ Compensation Board, which found that her inability to cope with work resulted from lawful, good-faith personnel decisions by the employer, as per Workers’ Compensation Law § 2 (7). Claimant appealed, contending that the Board's determination was unsupported by substantial evidence and that her reassignment to a stressful position was not in good faith. The court affirmed the Board's decision, concluding that the employer's actions constituted a lawful personnel decision undertaken in good faith.

Workers' CompensationPsychic InjuryWork-Related StressDepressionPTSDAnxietyLawful Personnel DecisionGood FaithJob ReassignmentAppeal
References
4
Case No. MISSING
Regular Panel Decision

In Re Bush Industries, Inc.

This case involves a Chapter 11 reorganization plan for Bush Industries, Inc., a furniture manufacturer. The Official Committee of Equity Security Holders objected to the plan, arguing it violated the absolute priority rule, proposed improper general releases, and lacked good faith due to a "golden parachute" for the principal officer, Paul S. Bush. Bankruptcy Judge Carl L. Bucki determined that the debtor's enterprise value did not exceed outstanding claims, thus upholding the absolute priority rule regarding pre-petition stock cancellation. However, the court found that the renegotiated employment contract for Paul Bush and the proposed releases for corporate management constituted a breach of fiduciary duty by officers and directors, violating the good faith requirement of 11 U.S.C. § 1129(a)(3). Consequently, the court denied confirmation of the plan in its present form, requiring the debtor to demonstrate good faith in a revised plan, possibly by distributing the premium secured by management to all shareholders.

Chapter 11 BankruptcyPlan of ReorganizationAbsolute Priority RuleFiduciary DutyCorporate GovernanceGolden ParachuteValuation MethodologiesDiscounted Cash Flow AnalysisComparable Companies AnalysisExit Multiple
References
11
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