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New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Refusal of treatment Giusiana v. City of Buffalo CA 21-00277 Appealed from Supreme Court, Erie County Background: The plaintiff commenced related actions seeking damages for injuries arising from ...
Read More »Fourth Department – Forum selection clause: Koike Aronson Inc. v. Bearing Distributors Inc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Forum selection clause Offer and counteroffer – Transactional chain Koike Aronson Inc. v. Bearing Distributors Inc. CA 21-01396 Appealed from Supreme Court, Wyoming County Background: The plaintiff commenced a breach ...
Read More »Fourth Department – Negligent supervision: Moll v. Griffith
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent supervision Respondeat superior – Negligent entrustment Moll v. Griffith CA 21-00455 Appealed from Supreme Court, Chautauqua County Background: The plaintiffs commenced an action seeking damages for injuries sustained by ...
Read More »Fourth Department – Education Law: Eisenhauer v. Watertown City School District
New York State Supreme Court, Appellate Division, Fourth Judicial Department Education Law Funding libraries – Tax Eisenhauer v. Watertown City School District CA 21-00813 Appealed from Supreme Court, Jefferson County Background: The petitioners-plaintiffs are homeowners who commenced a hybrid CPLR ...
Read More »Fourth Department – Child Victims Act: Of Doe 44 v. Erik P.R.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child Victims Act Hearsay – Collateral estoppel Of Doe 44 v. Erik P.R. CA 21-01338 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced actions under the Child Victims ...
Read More »Fourth Department – Medical malpractice: Braxton v. Erie County Medical Center Corp., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Bill of particulars – Amended complaint Braxton v. Erie County Medical Center Corp., et al. CA 21-00799 Appealed from Supreme Court, Erie County Background: The plaintiff’s decedent commenced ...
Read More »Fourth Department – Post-nuptial agreement: Campbell v. Campbell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Post-nuptial agreement Unconscionable – Duress Campbell v. Campbell CA 21-01114 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced an action for divorce and the defendant served a second ...
Read More »Fourth Department – Medical malpractice: Ziemendorf v. Yong, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Failure to properly diagnose – Sufficiency of expert’s opinion Ziemendorf v. Yong, et al. CA 21-00881 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced a medical ...
Read More »Fourth Department – Vacating judgment of divorce: Nagi v. Ahmed
New York State Supreme Court, Appellate Division, Fourth Judicial Department Vacating judgment of divorce Res Judicata – Collateral Estoppel Nagi v. Ahmed CA 21-01437 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking to vacate an ...
Read More »Fourth Department – Due Process: Monroe Inc. v. NYS Dept. of Motor Vehicles
New York State Supreme Court, Appellate Division, Fourth Judicial Department Due Process License revocation hearing – Notice Monroe Inc. v. NYS Dept. of Motor Vehicles TP 21-01514 Transferred from Supreme Court, Erie County Background: The petitioner commenced an action seeking ...
Read More »Fourth Department – Political party affiliation: Mazzullo v. Barnett, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Political party affiliation Cancellation – Failure to attend hearing Mazzullo v. Barnett, et al. CAE 21-00851 Appealed from Supreme Court, Monroe County Background: The petitioner is the chairmen of the ...
Read More »Fourth Department – Products liability: Mancuso v. Reebok International Ltd.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Products liability Issue of fact Mancuso v. Reebok International Ltd. CA 21-01206 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after falling down the stairs in ...
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