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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

In re John Lack Associates, LLC

John Lack Associates, LLC, an agency placing waiters and bartenders, was audited by the Department of Labor, which determined these workers were employees, making John Lack liable for unemployment insurance contributions. This determination was upheld by an Administrative Law Judge and the Unemployment Insurance Appeals Board. On appeal, the court reversed the Board's decision, finding insufficient evidence of John Lack's control over the workers. The court noted that workers could refuse jobs, often worked for other agencies, provided their own equipment, and were supervised and directed by the client at events, who also paid their remuneration through John Lack. The case was remitted to the Board for further proceedings.

Employer-employee relationshipIndependent contractorUnemployment insurance contributionsAgency controlRight to controlRemittedAppellate reviewSubstantial evidenceUnemployment Insurance Appeal BoardLabor Law
References
5
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
Case No. MISSING
Regular Panel Decision

Berkeley v. Rensselaer Polytechnic Institute

Plaintiff sought damages for injuries sustained when unsecured lockers fell on him at Rensselaer Polytechnic Institute (RPI)'s gymnasium. Plaintiff alleged RPI created a dangerous condition by failing to secure the lockers, making the incident foreseeable. Defendants moved for summary judgment, presenting expert testimony that the lockers met industry standards and required deliberate force to fall. Plaintiff provided a counter-affidavit stating good practice dictated securing the lockers. The Supreme Court initially granted defendants' motion. On appeal, the court reversed the summary judgment against RPI, finding defendants' expert affidavit insufficient and lacking foundational facts, thus RPI failed to meet its burden for summary judgment. The motion was denied for RPI, while summary judgment for the Dormitory Authority of the State of New York was affirmed due to lack of opposition on appeal.

Summary JudgmentPremises LiabilityUnsecured LockersForeseeabilityExpert TestimonyBurden of ProofAppellate ReviewGymnasium AccidentDangerous ConditionPersonal Injury
References
6
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision
Mar 05, 2010

Bartee v. D & S Fire Protection Corp.

This case involves an appeal from an order that denied a sprinkler system contractor's motion for summary judgment in a personal injury action. A worker sustained injuries after falling into a hole at a school construction site. The court found the contractor's summary judgment motion premature due to the president's affidavit lacking personal knowledge. The appellate court unanimously affirmed the denial, citing the plaintiff's valid excuse for not presenting countervailing facts due to a lack of discovery opportunity.

Personal InjuryConstruction AccidentSummary JudgmentPremature MotionLack of DiscoveryWorker SafetyNew York LawAppellate ReviewContractor Liability
References
3
Case No. ADJ969080 (FRE 0202793)
Regular
Sep 15, 2016

PEDRO LOPEZ vs. CAL-ALMOND; TRAVELERS

The applicant sought to disqualify the administrative law judge (WCJ) alleging insufficient time was spent on his case and a lack of seriousness towards his injury. The Workers' Compensation Appeals Board (WCAB) found the petition lacked the required formal affidavit but considered its merits. The WCAB denied the petition, holding that a party's subjective perception of bias or disagreement with rulings does not constitute legal grounds for disqualification under relevant statutes. The Board also noted the applicant's separate request for disability accommodations for an upcoming hearing.

Disqualification PetitionWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionLegal GroundsSubjective PerceptionWCAB Rule 10452Affirmative DutyJudicial Discretion
References
6
Case No. 69 Civ. 200 (DNE)
Regular Panel Decision

United States v. International Business MacHines Corp.

This memorandum addresses International Business Machines Corporation's (IBM) request for Judge David N. Edelstein to recuse himself from further proceedings in U. S. v. IBM. IBM filed an affidavit alleging the judge had personal bias and prejudice, and that the court lacked jurisdiction following a stipulation of dismissal on January 8, 1982. The court asserts its jurisdiction to determine its own authority, citing precedent. The memorandum concludes that IBM's recusal request is without merit, citing reasons such as it being a second such affidavit in the case, its untimeliness, and the failure to demonstrate an extrajudicial bias. Consequently, the request for recusal is denied.

Recusal MotionJudicial BiasJurisdiction DisputeTunney Act ApplicabilityAntitrust ProceduresStipulation of DismissalAmicus Curiae InterventionTimeliness of MotionCode of Judicial ConductFederal Procedure
References
12
Case No. MISSING
Regular Panel Decision

In re Whitney Z.

Respondent, a juvenile delinquent, was placed on probation but later admitted to violating its terms, leading to her placement in the custody of the Saint Regis Mohawk Tribe. She appealed the order, and the appellate court first rejected the petitioner's claim of abandonment. On the merits, the court agreed with the respondent that the probation violation petition was jurisdictionally defective. The petition, filed by a probation officer based on hearsay, lacked nonhearsay allegations and supporting affidavits. The court ruled that the absence of nonhearsay affidavits constitutes a nonwaivable jurisdictional defect, even if the respondent admitted to the violation, and therefore reversed the lower court's order and dismissed the petition.

Juvenile DelinquencyProbation ViolationJurisdictional DefectNonhearsay AllegationsAffidavitFamily Court ActAppealCustodyDue ProcessReversed
References
1
Case No. 2021 NY Slip Op 05286 [198 AD3d 410]
Regular Panel Decision
Oct 05, 2021

Buffington v. Catholic Sch. Region of Northwest & Southwest Bronx

The Supreme Court, Bronx County, denied defendants' motion for summary judgment to dismiss the complaint. Defendants appealed, arguing the plaintiff's sole remedy was workers' compensation benefits because they were plaintiff's employer or an alter ego. The Appellate Division, First Department, agreed that the Supreme Court erred in its assessment of the affidavits' form, finding them sufficiently sworn. However, the Appellate Division affirmed the denial of summary judgment, concluding that the defendants failed to prima facie establish their alter ego/Workers' Compensation Law exclusivity defense, as the affidavits lacked personal knowledge and other admissible evidence did not prove the identity of the employer or control over operations.

Alter ego defenseSummary judgmentWorkers' compensation exclusivityAffidavits admissibilityBusiness records foundationPersonal knowledge requirementEmployer-employee relationshipAppellate reviewMotion to dismiss
References
5
Case No. MISSING
Regular Panel Decision

Wittkopp v. ADF Construction Corp.

John F. Wittkopp was injured after falling from a roof during construction work, claiming no safety devices were provided. The Supreme Court initially denied partial summary judgment on the Labor Law § 240 (1) cause of action, citing a factual dispute about his location. However, the appellate court reversed this, stating plaintiff's activity was incidental to construction and that he lacked safety equipment. The court rejected arguments about an unwitnessed accident and inconsistent testimony due to plaintiff's concussion. The defendant's lack of opportunity to depose the supervisor was also dismissed, as the supervisor's affidavit was already submitted. Consequently, the appellate court granted the plaintiffs' motion for partial summary judgment, finding no material issues of fact regarding liability under Labor Law § 240 (1).

Construction accidentFall from heightLabor Law § 240 (1)Partial Summary JudgmentAppellate ReviewSafety device absenceConcussion sequelaePlaintiff credibilityThird-party defendant liabilityMotion practice
References
7
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