NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Lease agreement Mootness doctrine – Attorney fees Broadway Warehouse Co. v. Buffalo Barn Board, et al. CA 17-01982 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Ambiguous language – Summary judgment – Declaratory action – Court’s authority Burrstone Energy Center LLC v. Faxton-St. Luke’s Healthcare CA 18-00006 Appealed from Supreme Court, Oneida County ...

New York State Supreme court, Appellate Division, Fourth Judicial Department Trip and fall Trivial defect – Surrounding circumstances – Knowledge of defect Bennett v. State of New York CA 18-00055 Appealed form Court of Claims Background: A former prison inmate ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression of statements Custody – Miranda warnings People v. Bell-Scott KA 17-00993 Appealed from Supreme Court, Onondaga County Background: The people appealed from an order that suppressed certain oral statements ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Adoption – Biological mother revocation of surrender Matter of Baby O. CA 17-02175 Appealed from Surrogate’s Court, Wayne County Background: Shortly after the birth of the subject child, ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Commercial lease Breach of lease – Surrender of premises Abbot Bros. II Steak Out Inc. v. Tsoulis CA 17-01645 Appealed from Supreme Court, Ontario County Background: The circumstances of the ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Mortgage foreclosure Statute of limitations – Debt acceleration – Accrual Wilmington Savings Fund Society v. Unknown heirs at law of Danny Higdon, et al. CA 17-01874 Appealed from Supreme Court, ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Battery – Relation-back doctrine – New trial Wojtalewski v. Central Square Central School District CA 17-02018 Appealed from Supreme Court, Oswego County Background: The plaintiff student commenced an action ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Proper owner – Dealership registration – Emergency doctrine White v. Mayfield CA 17-01746 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action seeking damages ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Res ipsa loquitur Multiple defendants – Medical malpractice White v. Bajwa CA 17-01390 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a medical malpractice action seeking damages for ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Motor vehicle accident – Text messaging – Duty of care Vega v. Crane CA 17-01651 Appealed from Supreme Court, Genesee County Background: The underlying cause of action involved a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dangerous dog Euthanization order Town of Concord v. Edbauer CA 17-01744 Appealed from Erie County Court Background: The petitioner appealed from an order directing the euthanization of her dog. Ruling: ...