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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

President & Directors of the Manhattan Co. v. Janowitz

Julius Janowitz created an inter vivos trust in 1933, subsequently modified four times. Following his death in 1937, the trustee initiated an action for judicial settlement of accounts, while his widow, Emma S. Janowitz, challenged the will and trust validity based on her rights under the Decedent Estate Law. The court addressed whether later trust amendments could be incorporated by reference into the will and if the trust was illusory. It affirmed the validity of the will's third paragraph, incorporating the initial trust and the first three amendments but excluding the fourth. Although the trust was found to be illusory against the widow's rights due to donor control, the court ultimately upheld the trust's overall validity, nullifying only the third amendment's $5,000 annual income limitation for the widow to safeguard her interests. An interlocutory decree was issued.

Inter Vivos TrustWill ContestDecedent Estate LawRight of ElectionIllusory TrustIncorporation by ReferenceTrust AmendmentWidow's RightsEstate PlanningTestamentary Disposition
References
11
Case No. MISSING
Regular Panel Decision

McIntosh v. Irving Trust Co.

The plaintiff, Douglas McIntosh, sued his former employer, Irving Trust Company, alleging race discrimination and retaliation. A jury found in favor of the plaintiff on the retaliation claim under the New York Human Rights Law, awarding significant back pay and compensatory damages for emotional distress. The defendant moved for a new trial, specifically challenging the compensatory damages award as excessive and unsupported by sufficient evidence of emotional injury. The District Court, finding the jury's award disproportionate to the evidence presented and to awards in comparable cases, conditionally granted the motion for a new trial. The new trial will be averted if the plaintiff agrees to a remittitur, reducing the compensatory damages to $20,000.

RetaliationRace DiscriminationCompensatory DamagesRemittiturNew Trial MotionJury Verdict ReviewEmotional Distress ClaimsHuman Rights LawFederal ProcedureJudicial Discretion
References
27
Case No. MISSING
Regular Panel Decision

Covello v. Depository Trust Co.

Jean Covello, the plaintiff, filed an amended complaint alleging disability discrimination against her former employer, Depository Trust Company, under the ADA, and a breach of fair representation duty against Local 153, her union, under the LMRA. Depository Trust and Local 153 both filed motions for summary judgment. The court granted Depository Trust's motion, finding that Covello did not meet the ADA's definition of disability, as her impairment did not substantially limit a major life activity nor was there a sufficient record of such an impairment. However, the court denied Local 153's motion, concluding that a genuine issue of material fact existed regarding whether the union's failure to file a required grievance statement constituted an arbitrary act and a breach of its duty of fair representation. The action against Depository Trust was dismissed, while the motion by Local 153 was denied, indicating the case against the union will proceed.

Disability DiscriminationAmericans with Disabilities Act (ADA)Labor Management Relations Act (LMRA)Duty of Fair RepresentationSummary JudgmentEmployment LawDegenerative ArthritisMedical LeaveCollective Bargaining Agreement (CBA)Pro Se Litigant
References
36
Case No. 2016 NY Slip Op 08300 [145 AD3d 492]
Regular Panel Decision
Dec 08, 2016

Netzahuall v. All Will LLC

This case concerns an appeal regarding the denial of defendant Lime Light's cross-motion to dismiss common-law indemnification claims brought by defendant All Will LLC. The plaintiff, Gabriel Netzahuall, an employee of Lime Light, sustained injuries but not a "grave injury" as defined by Workers' Compensation Law § 11. Although the Workers' Compensation Board previously determined Lime Light to be the plaintiff's employer, the Appellate Division affirmed the lower court's finding that All Will, the premises owner, was not collaterally estopped from challenging this determination. The court reasoned that All Will was not a party to the prior Workers' Compensation proceeding and therefore did not have a full and fair opportunity to litigate the issue of plaintiff's employer.

indemnificationcollateral estoppelWorkers' Compensation Lawemployer-employee relationshipgrave injurypremises liabilityappellate practicestatutory interpretationprivity of partieslitigation opportunity
References
4
Case No. 2024 NY Slip Op 24324 [86 Misc 3d 365]
Regular Panel Decision
Dec 23, 2024

Matter of Kosmo Family Trust

This case concerns the Kosmo Family Trust, where petitioners, including decedent Janet D. Kosmo's children and grandchildren, challenged the validity of trust amendments on grounds of undue influence by respondent Donna Savino. The court found that a confidential relationship existed between the decedent and respondent, characterized by the decedent's vulnerability and respondent's active involvement in the trust's modifications. The respondent, initially a healthcare worker for decedent's disabled daughter, became the primary beneficiary, receiving almost the entire estate. Ultimately, the Surrogate's Court, Albany County, voided the second and third amendments, reinstating the first amendment's beneficiaries.

Trust ValidityUndue InfluenceConfidential RelationshipEstate DisputeTestamentary CapacitySurrogate's CourtCalifornia Probate LawNew York Evidence LawDead Man's StatuteHearsay
References
82
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
Case No. 2021 NY Slip Op 00744 [191 AD3d 1363]
Regular Panel Decision
Feb 05, 2021

Lemiszko v. Mosovich 2014 Family Trust

Plaintiff Troy C. Lemiszko commenced an action seeking damages for injuries sustained after falling from a ladder on premises owned by Mosovich 2014 Family Trust. Defendant AAA Contracting, LLC appealed an order denying its pre-answer motion to dismiss Labor Law claims and the Trust's cross-claim for contractual indemnification. The Appellate Division affirmed the lower court's order, rejecting AAA Contracting, LLC's collateral estoppel argument, finding that a prior workers' compensation determination did not preclude plaintiff's Labor Law recovery. The court also upheld the denial of dismissal for the contractual indemnification cross-claim due to insufficient documentary evidence.

Collateral EstoppelLabor Law ClaimsContractual IndemnificationWorkers' Compensation BoardLadder FallPersonal InjuryAppellate ReviewMotion to DismissGeneral Contractor LiabilityUninsured Employer
References
13
Case No. MISSING
Regular Panel Decision

Moak v. Raynor

This case involves cross-appeals from an order of the Supreme Court in Albany County concerning a dispute between former romantic partners. The plaintiff sought to impose a constructive trust on the assets of a sawmill business operated by the defendant on her property, to which she contributed labor and property use. The Supreme Court initially granted the defendant's motion for summary judgment dismissing the complaint and also granted the plaintiff's cross-motion for $28,000 in sanctions against the defendant for alleged disclosure violations. On appeal, the court reversed both parts of the order. It determined that genuine issues of material fact existed regarding the elements of a constructive trust (confidential relationship, promise, transfer in reliance, and unjust enrichment), which should be decided by a jury. Additionally, the court found insufficient evidence to substantiate willful disclosure violations by the defendant, thus concluding that the sanctions were improperly imposed.

constructive trustsummary judgmentsanctionsdisclosure violationsequitable remedyconfidential relationshipimplied promiseunjust enrichmentbusiness assetsproperty dispute
References
12
Case No. 2022 NY Slip Op 06050 [209 AD3d 1233]
Regular Panel Decision
Oct 27, 2022

Contractors Compensation Trust v. $49.99 Sewer Man, Inc.

Contractors Compensation Trust, a self-insured trust providing workers' compensation coverage, sued member Thos. H. Gannon & Sons, Inc. for unpaid deficit assessments. The defendant sought summary judgment, claiming the action was barred by a six-year statute of limitations, arguing the claim accrued upon the approval of the deficit assessment. Supreme Court partially denied the defendant's motion and granted the plaintiff's cross-motion for summary judgment. The Appellate Division affirmed, ruling that the cause of action accrued when the defendant failed to make payments according to the established payment plan on March 3, 2014, rather than the earlier assessment approval date. Consequently, the Appellate Division concluded that the action, initiated in December 2019, was timely.

Workers' Compensation LawSelf-Insured TrustStatute of LimitationsBreach of ContractDeficit AssessmentPro Rata PaymentAccrual DateSummary JudgmentAppellate ReviewThird Department
References
9
Case No. CA 10-02164
Regular Panel Decision
May 06, 2011

SIEGL, SALLY v. NEW PLAN EXCEL REALTY TRUST, INC.

Sally Siegl sustained injuries after falling in a parking lot owned by New Plan Excel Realty Trust, Inc. The fall was allegedly due to a depression in the parking lot caused by settlement of crushed stones used by AALCO Septic & Sewer, Inc., which had repaired a water main two months prior. New Plan brought a third-party action against AALCO for common-law indemnification and contribution. The Supreme Court granted AALCO's motion for summary judgment, dismissing the third-party complaint. On appeal, the Appellate Division affirmed the dismissal of the common-law indemnification claim, finding New Plan also negligent. The majority also affirmed the dismissal of the contribution claim, concluding AALCO did not owe an independent duty of care or launch a force of harm. A dissenting opinion argued that there was a question of fact regarding AALCO creating the dangerous condition, thus precluding summary judgment on the contribution claim.

Personal InjuryPremises LiabilitySummary JudgmentCommon-Law IndemnificationContributionNegligenceAppellate ReviewWater Main RepairParking LotHazardous Condition
References
12
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