Fourth Department — Americans with Disabilities Act: Calhoun v. Ilion Central School District, et al. 
By Daily Record Staff
POSTED: February 2, 2012
Tags: Americans with Disabilities Act, Appellate Division, Fourth Department, Individuals with Disabilities Education Act
Appellate Division, Fourth Department
Americans with Disabilities Act
Individuals with Disabilities Education Act
Calhoun v. Ilion Central School District, et al.
CA 11-00657
Appealed from Supreme Court, Herkimer County
Background: The plaintiff, a former student at the defendant school district, commenced an action alleging that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act and the Human Rights Law [...]
Fourth Department — Labor Law: Byrd v. Frederick E. Roneker Jr., et al.
By Daily Record Staff
POSTED: February 2, 2012
Tags: Appellate Division, Fourth Department, Labor Law, One-to Two-Family Dwelling Exemption
Appellate Division, Fourth Department
Labor Law
One-to Two-Family Dwelling Exemption
Byrd v. Frederick E. Roneker Jr., et al.
CA 11-00541
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking damages for personal injuries he sustained when he fell from a ladder while cutting a tree limb at a single-family home owned by the defendant. The defendant hired [...]
Fourth Department — Administrative Review: Bello v. NYS Office of Temporary and Disability Assistance
By Daily Record Staff
POSTED: February 1, 2012
Tags: Administrative Review, Appellate Division, Emergency Assistance Funds, Fourth Department
Appellate Division, Fourth Department
Administrative Review
Emergency Assistance Funds
Bello v. NYS Office of Temporary and Disability Assistance
TP 11-00046
Transferred from Supreme Court, Niagara County
Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination that required her to repay the emergency assistance funds paid to her electric and gas service providers. The respondent had concluded that [...]
Fourth Department — Construction Site: Baker v. City of Buffalo, et al.
By Daily Record Staff
POSTED: February 1, 2012
Tags: Appellate Division, Construction Site, Fourth Department, Trip and Fall
Appellate Division, Fourth Department
Construction Site
Trip and Fall
Baker v. City of Buffalo, et al.
CA 11-01408
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking damages for injuries he sustained while working for a masonry subcontractor on a renovation project. The plaintiff alleged that he fell and was injured when he climbed through an opening [...]
Fourth Department — Partial Judgment: Ajay Glass & Mirror Co. Inc. v. AASHA G.C. Inc. et al.
By Daily Record Staff
POSTED: January 31, 2012
Tags: Appellate Division, Fourth Department, Partial Judgment, Subcontractor Assignments
Appellate Division, Fourth Department
Partial Judgment
Subcontractor Assignments
Ajay Glass & Mirror Co. Inc. v. AASHA G.C. Inc. et al.
CA 10-02514
Appealed from Supreme Court, Monroe County
Background: The plaintiff brought an action to recover funds owed to it for work performed on the Turning Stone Casino & Resort, owned by the Oneida Indian Nation. In order to comply with [...]
Fourth Department — Public Highways: AJ Baynes Freight Contractors Ltd., et al. v. City of Lackawanna et al.
By Daily Record Staff
POSTED: January 31, 2012
Tags: Appellate Division, city Ordinances, Fourth Department, Public Highways, Truck Routes
Appellate Division, Fourth Department
Public Highways
Truck Routes — City Ordinances
AJ Baynes Freight Contractors Ltd., et al. v. City of Lackawanna et al.
CA 11-01428
Appealed from Supreme Court, Erie County
Background: The plaintiffs brought the action seeking a declaration that the Lackawanna Municipal Code was invalid and unconstitutional. The ordinance established a truck route system that prohibited heavy trucks [...]
Fourth Department – Indemnification: Winstel v. Romar WNY Properties LLC
By Daily Record Staff
POSTED: January 31, 2012
Tags: Appellate Division, Attorney’s Fees, Fourth Department, indemnification
Appellate Division, Fourth Department
Indemnification
Attorney’s Fees
Winstel v. Romar WNY Properties LLC
CA 11-01280
Appealed from Supreme Court, Erie County
Background: The plaintiffs commenced an action seeking damages for injuries sustained by the plaintiff when he slipped and fell on property owned by the defendant-third-party plaintiff and leased to the third-party defendant, the plaintiff’s employer. The third-party [...]
Fourth Department — Premise Liability: Thomann v. Niagara Mohawk Power Corporation
By Daily Record Staff
POSTED: January 26, 2012
Tags: Appellate Division, Fourth Department, Premise Liability, Snowmobiling
Appellate Division, Fourth Department
Premise Liability
Snowmobiling
Thomann v. Niagara Mohawk Power Corporation
CA 11-01393
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking damages for injuries he sustained when he struck a wire attached to a utility pole while snowmobiling on a bike path. The defendant owned the guide wire that was missing its yellow safety [...]
Fourth Department — Appeal: Shapiro v. Tony’s Culver Atlantic Inc.
By Daily Record Staff
POSTED: January 26, 2012
Tags: appeal, Appellate Division, Dispositive Order or Judgment, Fourth Department
Appellate Division, Fourth Department
Appeal
Dispositive Order or Judgment
Shapiro v. Tony’s Culver Atlantic Inc.
CA 11-00337
Appealed from Monroe County Court
Background: The plaintiff commenced an action in city court seeking damages for the defendants’ negligent repair of the air conditioning system in the plaintiff’s vehicle. After trial, the court dismissed the claim in a decision recorded on a form [...]
Fourth Department — Construction Contracts: Rifenburg Construction Inc. v. State of New York
By Daily Record Staff
POSTED: January 26, 2012
Tags: Appellate Division, Construction Contracts, Fourth Department, Notice Requirements
Appellate Division, Fourth Department
Construction Contracts
Notice Requirements
Rifenburg Construction Inc. v. State of New York
CA 11-00880
Appealed from Court of Claims
Background: The defendant Department of Transportation entered into a contract with the claimant for the reconstruction of a road in Farmington. The project was projected to cost over $26 million. Following the completion of the project, the claimant brought [...]
Fourth Department — Obligation to Indemnify: LMII Realty LLC v. Gemini Insurance Company
By Daily Record Staff
POSTED: January 24, 2012
Tags: Appellate Division, Declaratory Judgment, Fourth Department, Obligation to Indemnify
Appellate Division, Fourth Department
Obligation to Indemnify
Declaratory Judgment
LMII Realty LLC v. Gemini Insurance Company
CA 11-00928
Appealed from Supreme Court, Onondaga County
Background: The plaintiffs brought an action seeking a declaration that the defendant is obligated to defend and indemnify the plaintiff as an additional insured in an underlying personal injury action. Both parties moved for summary judgment. After a [...]
Fourth Department — Equal Access to Justice Act: Lighthouse Pointe Property Associates LLC v. NYS Department of Environmental Conservation
By Daily Record Staff
POSTED: January 24, 2012
Tags: Appellate Division, Eligible Party, Equal Access to Justice Act, Fourth Department, Substantially Justified
Appellate Division, Fourth Department
Equal Access to Justice Act
Eligible Party — Substantially Justified
Lighthouse Pointe Property Associates LLC v. NYS Department of Environmental Conservation
CA 11-01151
Appealed from Supreme Court, Monroe County
Background: The petitioner appealed from an order denying its application for counsel fees pursuant to the New York State Equal Access to Justice Act. The petitioner further appealed from [...]
