Obtained dismissal of action from Court of Appeals for case involving workers’ compensation benefits.
Obtained dismissal of action from Appellate Division for breach of contractual indemnification.
Nancy V. Wright (Partner-New York, NY), Saige Subick (Of Counsel-New York, NY), and Michael Colgan (Associate-New York, NY) secured a complete victory for our client, a public college under the State University of New York, in New York City. In a hard-fought, multi-witness disciplinary proceeding arbitrated under N.Y. Education Law § 2587 and the Collective Bargaining Agreement (CBA), against the employee’s union. Our client brought this action against an IT analyst, who had been with the client since 2007, who repeatedly refused to perform assigned tasks, engaged in loud and argumentative behavior in the workplace, consistently abused the time and attendance policy, and, most seriously, made a direct threat of gun violence against a supervisor following the denial of a work-from-home request. The team presented extensive evidence and multiple witness testimony demonstrating a pattern of performance deficiencies and support of the gross misconduct and insubordination charges. The team organized five years of performance documentation into an exhibit outlining that the employee had been counseled and submitted a concise, fact-driven 40-page post-hearing summation brief that, among other arguments, showed the threat of violence as per se terminable misconduct, rendering all other charges surplusage. After a four-day evidentiary hearing spread across five months, the Hearing Officer issued a Report & Recommendation that agreed with the Wilson Elser team on virtually all points. The arbitrator found “gross misconduct” and “just cause” for termination under § 2587 and Article 28.28 of the CBA. The Union’s demand for reinstatement with back pay was denied in its entirety.
Nancy V. Wright, Saige A. Subick and Michael Colgan
New York City Of Counsel Saige Subick and Partner Guy Levasseur obtained summary judgment for our private-sector transit operator client on liability dismissing a New York state court case in which a bus passenger claimed catastrophic injuries after a bus stopped suddenly when cut off by a vehicle that fled the scene. The court found Saige and Guy met the burden of proof in showing an emergency doctrine situation existed as a result of the actions of the non-party vehicle. Saige appeared for oral argument three separate times for several hours overall, as there were multiple judges who were assigned to the case. The plaintiff alleged a shoulder injury and a stroke such that he has not worked since April 2021. The potential exposure/sustainable value exceeded $3 million. The decision is even more rewarding as the plaintiff’s counsel had improperly moved for sanctions, preclusion, and to strike our answer for the alleged failure to provide all discovery sought (that motion was denied but only after more than a year of motion practice).
Saige A. Subick and Guy J. Levasseur
© 2026 Wilson Elser. All Rights Reserved.