Significant Cases by David J. Wukitsch

  • Gerber Products Co v New York State Department of Health, 47 Misc. 3d 249, 3 NYS 3d 267 (2014)
    In an Article 78 proceeding, we satisfied the heightened standard for disclosure and our client was granted access to agency records relevant to its claim that it had been arbitrarily removed from participation in a government benefits program.

  • Hunter v. County of Albany, 834 F.Supp.2d 86, 112 Fair Empl. Prac. Cos. (BNA) (N.D.N.Y. 2011)
    Our county employer client granted summary judgment in national origin discrimination case because alleged racial epithets did not raise triable issue of fact on County's liability for such remarks.

  • Rahn v. J. Hall Ltd., 2011 U.S. Dist. LEXIS 31489, 190 LRRM 2871 (N.D.N.Y. 2011)
    Court found material issue of fact denying summary judgment to union trustees seeking to hold client contractor liable for pension contributions of non-union employees.

  • Woroski v. Nashua Corporation, 31 F3d 105 (2d Cir. 1994)
    Clarified summary judgment standard for employers in opposing claims for age discrimination

  • Staruch v. New York Telephone Company, 304 AD2d 867 (3d Dept 2003)
    In a workers' compensation proceeding, an employer must file proof of an ERISA plan terms permitting reimbursement against a schedule award prior to the award of compensation.

  • King v Chmielewski, 76 NY2d 182 (1990)
    In a CPLR Article 78 proceeding, the event that triggers the 30-day limitations period of Town Law 282 for challenging a Town Planning Board's decision is the filing of the Board's decision in its office and not notice sent to the affected party.