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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

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation
References
7
Case No. MISSING
Regular Panel Decision

Tannenbaum v. Hofbauer

The plaintiff filed a motion to set aside the dismissal of their complaint, which sought damages for an alleged assault and battery perpetrated by unidentified men acting under the direction of Powers, a business agent of the defendant union during a strike. The plaintiff's evidence indicated the tortious act was committed by a union agent in furtherance of the strike. However, there was no evidence of official union authorization for the act, nor was the agent's unlawful activity sufficiently notorious or prolonged to infer knowledge and acquiescence from the union membership. Citing established precedent, the court reiterated that to hold a voluntary, unincorporated association liable, facts must prove all members are liable, either through a public act of the association or member-approved acts of its agents. The court found that the evidence presented was insufficient to bind the entire union membership, requiring clear and convincing evidence to identify the union with the individual acts. Consequently, the plaintiff's motion to set aside the dismissal was denied.

Assault and BatteryUnion LiabilityAgency LawVoluntary Unincorporated AssociationMembership LiabilityStrike ActionTortious ActDismissal of ComplaintMotion PracticeEvidence Sufficiency
References
4
Case No. MISSING
Regular Panel Decision

Washington v. East 87th & 88th Street Contracting Co.

This case addresses a motion to set aside a $75,000 verdict, focusing on the interpretation of the 1969 amendment to Labor Law section 241 concerning general contractors' liability for construction worker injuries. The plaintiff, injured in 1971 while working for a subcontractor, sued the general contractor, who then sought indemnification from the subcontractor-employer. The court analyzed conflicting appellate decisions regarding whether the amendment eliminated the requirement to establish the general contractor's active control over the work. Ultimately, the court concluded that the law regarding control remains unchanged and set aside the verdict, dismissing the complaints. The decision also delved into policy considerations concerning workmen's compensation as the exclusive remedy against employers and incentives for workplace safety.

Labor Law § 241General Contractor LiabilityConstruction Worker InjurySubcontractor IndemnificationWorkmen's Compensation ActStatutory InterpretationAppellate Division ConflictSafety RegulationsTort ActionEmployer Liability
References
18
Case No. MISSING
Regular Panel Decision

People v. Teitelbaum

This case addresses defendants', who are police officers, motion to set aside a verdict of guilty for bribe receiving and official misconduct. The motion was based on alleged improper conduct by Juror No. 3, Lillian Feeley, who did not disclose her volunteer affiliation with the Queens County District Attorney's office during jury selection. A post-trial hearing revealed that Feeley was a volunteer court watcher for a public relations program, had no contact with legal staff, and exhibited no pro-prosecutorial bias. The court found that Feeley did not intentionally withhold information and that her association was too remote to the prosecution by a special State prosecutor to constitute bias. Consequently, the court denied the motion for a new trial, determining that any irregularity was harmless and did not impact the verdict.

Juror MisconductVoir DireFair TrialImpartial JuryVerdict NullificationCPL 330.30District Attorney AffiliationCourt Watcher ProgramActual BiasPrejudice
References
35
Case No. MISSING
Regular Panel Decision

Gross v. Cross

This case involves a motion filed by defendants Cross and Olsen, as president and treasurer of the Bakery and Confectionery Workers International Union of America, to set aside the service of summons or to dismiss the complaint. The defendants argued that as a foreign unincorporated association, it must be "doing business" in New York to be sued, similar to foreign corporations. The court examined the interpretation of Section 13 of the General Associations Law and distinguished between corporations and unincorporated associations, finding no requirement for the latter to be doing business in the state if statutory requirements for service are met. The court decided to retain jurisdiction over the first and second causes of action, which sought to compel payment of death benefits. However, it declined jurisdiction over the third cause of action, which sought to impress a trust on the International's assets, citing concerns about regulating internal affairs of a foreign entity and enforcing a decree. The motion was granted only to the extent of dismissing the third cause of action without prejudice.

JurisdictionService of SummonsUnincorporated AssociationForeign AssociationGeneral Associations LawCivil Practice ActForum Non ConveniensInternal Affairs DoctrineDismissal of Cause of ActionDeath Benefits
References
8
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. MISSING
Regular Panel Decision
Feb 23, 1968

Weeks v. Beardsley

Raymond H. Weeks, an employee of joint venture contractors, died on October 30, 1964, after being struck by an automobile operated by Beverly J. Beardsley. The plaintiff appealed a Supreme Court judgment in favor of the defendants, which resulted from a jury verdict of no cause of action, and an order denying the plaintiff’s motion to set aside that verdict. The appellate court affirmed the judgment, concluding that the jury's findings regarding the decedent's contributory negligence and the defendant operator's freedom from negligence were supported by a fair interpretation of the evidence, and therefore, the verdict was not palpably wrong.

Wrongful DeathAutomobile AccidentContributory NegligenceJury VerdictAppellate ReviewEvidence SufficiencyNegligenceMotion to Set Aside VerdictTrial TermAffirmed Judgment
References
9
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
Case No. MISSING
Regular Panel Decision
Feb 01, 2000

La Fountaine v. Franzese

This personal injury action concerns a plaintiff (a minor) who suffered lead poisoning between April 1992 and September 1993 while living in an apartment owned and managed by the defendants. Routine medical examinations revealed elevated blood lead levels, prompting the Albany County Department of Health to order lead abatement procedures, which the defendants performed inadequately. Experts testified that the lead poisoning caused permanent disorders, including ADHD, cognitive, and reading disorders, which were not capable of practical apportionment between pre-notice and post-notice exposure periods. The jury awarded the plaintiff $500,000 for past pain and suffering, $1,000,000 for future pain and suffering, and $300,000 for future lost earnings, assigning 70% liability to the defendants. Defendants appealed the judgment and the denial of their motion to set aside the verdict, arguing lack of liability before notice, erroneous jury instructions, and excessive damages. The appellate court affirmed the lower court's judgment and order, finding the defendants' arguments without merit and upholding the jury's findings on non-apportionment of injuries and the reasonableness of the damage awards.

Lead poisoningLandlord liabilityPersonal injury damagesNon-apportionment of injuriesADHDCognitive disordersEnvironmental lead hazardInadequate abatementExpert medical testimonyJury verdict review
References
12
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