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KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
"labor law" and "employer" - "labor law" and "employer"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"labor law" and "employer" - "labor law" and "employer"
LONGO v. LONG ISLAND RAILROAD, 33073/09 (6-12-2012)
33073/09
June 12, 2012
Statement of Facts Plaintiff, Pasquale Longo ("Longo") claims that on January 14, 2009, he was injured when his right hand was caught between a steel locker and the bucket of a front end loader, in which he was standing. At the time of the incident Longo was working for a non-party employer J-Track doing demolition work. Longo testified that "Luca" from J-Track would supervise him on the jobsite. Prior to the accident, Longo moved a set of lockers into a front end loader. Longo testified that after ... Steven Migliore, an employee of the LIRR, testified at his deposition that the LIRR entered into a contract with J-Track to renovate the Maintenance of Way Repair Facility at the Upper Holban Yard in St. Albans, New York. Migliore testified that the terms of the contract provided that J-Track complete the job...
"independent contractor" - "independent contractor"
ALPIREZ v. WBB CONSTRUCTION, INC., 106699/08 (6-11-2012)
106699/08
June 11, 2012
BACKGROUND According to the complaint, plaintiff, an employee of All Waste, was injured at a job site on February 11, 2008 while performing demolition work inside the premises known as 1107 Broadway, New York, New York. On the date of the accident, the premises were owned by 1107 Broadway and Tessler, and the general contractor/construction manager for the project was WBB (see Notice of Motion, exhibit. A). At the time of the occurrence, plaintiff and a co-worker, Gelber Perez (Perez), were performing ...
"labor law" and "employer" - "labor law" and "employer"
EDEN v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 7997 (1st Dept 6-21-2012)
7997, 7998
Decided on June 21, 2012
Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2010, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the breach of contract cause of action based on an oral promise as against defendant St. Luke's-Roosevelt Hospital Center, the Labor Law §§ 191 and 198(1-a) cause of action as against the individual defendants, and the fraud, accounting, and breach of fiduciary duty causes of action as against St. Luke's, and denied the ...
"labor law" and "employer" - "labor law" and "employer"
WILSON v. CEACREST CONSTRUCTION CORP., 05-4077 (6-13-2012)
05-4077
June 13, 2012
ORDERED that the motion by defendant The Pike Company, incorrectly sued herein as Pike Mechanical, for, inter alia, summary judgment dismissing the complaint and all cross claims asserted against Page 2 it or. in the alternative, summary judgment on its cross claims for indemnification is granted to the extent that (:) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause of action pursuant to Labor Law § 240(1) as against it; and (2) it seeks summary judgment ... ORDERED that the motion by defendants Giaquinto Masonry, Inc. and Giaquinto Masonry, LLC, for summary judgment dismissing the complaint and all cross claims asserted against them is granted to the extent that (1) it seeks summary judgment dismissing so much of the plaintiff's complaint as alleges a cause...
"independent contractor" - "independent contractor"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"independent contractor" - "independent contractor"
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
"independent contractor" - "independent contractor"
WILLIAMS v. MANOR, 6667/05 (6-23-2006)
6667/05
June 23, 2006
Background According to plaintiff's complaint, the facts in this case are as follows. From 2002 to 2004, plaintiff was a resident of defendant Ruby Weston Manor (Ruby Weston), a Kings County nursing home. During this time, plaintiff was a heavy-set woman who was "a disabled person, with physical and mental impairments and limitations." Ruby Weston had a "Care Plan" for plaintiff requiring two people to provide "constant supervision and/or physical lift for transfers of the plaintiff." Defendants Dr. ... On April 12, 2004, Precision Health and defendant Dr. Yefim Vaynshelbaum took and/or read x-rays of plaintiff, at Ruby Weston's request. Plaintiff alleges these initial x-rays were "non-diagnostic and completely inadequate," and should have been immediately re-done. Because the initial x-rays were inadequate, some of...
"labor law" and "employer" - "labor law" and "employer"
DeROSA v. BOVIS LEND LEASE LMB, INC., 6834 (1st Dept 6-26-2012)
6834
Decided on June 26, 2012
Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck's rear to unfold a two-foot ... After plaintiff parked his truck, he went to the rear of his truck and activated switches that put the truck's mixer at full speed. He then mounted the right side of the truck's rear fender, which was approximately three feet off the ground, and knelt down to reach around to the rear side...
"labor law" and "employer" - "labor law" and "employer"
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"?
"Americans with Disabilites Act" - "Americans with Disabilites Act"
SNYDER v. NEW YORK STATE EDUCATION DEPARTMENT, 11-1101 (2nd Cir. 6-21-2012)
No. 11-1101.
June 21, 2012.
This Court reviews a district court's denial of a Rule 59(a) motion for a new trial for abuse of discretion. See Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004). "A motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Lightfoot v. Union Carbide Corp., 110 F.3d 898, 911 (2d Cir. 1997) (internal quotation marks and brackets omitted). Upon review, ... I. Jury Instructions On appeal, Appellants argue that the district court gave several erroneous jury instructions. Under Fed. R. Civ. P. 51(d)(1), a party may assign error based on an erroneous jury instruction "if that party properly objected." If a party does not receive the...
"independent contractor" - "independent contractor"
SHORTELL v. COUNTY OF ROCKLAND, 2010-10363 (2d Dept 6-20-2012)
2010-10363
Decided on June 20, 2012
DECISION ~amp~ ORDER In July 2005, Michael Shortell (hereinafter the decedent), was electrocuted while using a sump pump to remove flood waters from his property on Forest Avenue in Pearl River. Thereafter his wife, Mary Ann Shortell, individually and as administrator of his estate, together with their three infant children (hereinafter collectively the plaintiffs), commenced this action against, among others, Fine Line Builders ~amp~ Remodelers (hereinafter Fine Line), Hush Electrical Contracting (... Contrary to the Supreme Court's determination, P ~amp~ R established its prima facie entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form demonstrating the absence of any triable issue of fact (see CPLR 3212[b]; Alvarez v Prospect Hosp., 68 NY2d...
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