NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Winter storm – Reasonable time to correct condition Marrero v. Oak-Michigan Housing Development Fund Co. CA 19-02041 Appealed from Supreme Court, Erie County Background: The plaintiff commence ...
Read More »Fourth Department – Pre-indictment delay: People v. Johnson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Pre-indictment delay Contemporaneous investigation – No prejudice People v. Johnson KA 17-00529 Appealed from Monroe County Court Background: The defendant appealed from his conviction of rape on the basis that ...
Read More »Fourth Judicial – Negligence: Lacey v. Lancaster Development
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Labor Law – Contribution to injury causing condition Lacey v. Lancaster Development CA 19-02272 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a Labor Law and common ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Chrisley
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Evidence of sexual contact – Downward departure – Participation in treatment People v. Chrisley KA 19-01495 Appealed from Genesee County Court Background: The defendant appealed from ...
Read More »Fourth Department – Insurance coverage: County of Erie v. Gateway-Longview Inc., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Additional insured – Evidence – Certificate of insurance County of Erie v. Gateway-Longview Inc., et al. CA 20-00665 Appealed from Supreme Court, Erie County Background: The plaintiff commenced ...
Read More »Fourth Department – Burglary: People v. Hernandez
New York State Supreme Court, Appellate Division, Fourth Judicial Department Burglary Sufficiency of evidence – Inference of intent People v. Hernandez KA 19-00447 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of burglary and menacing. ...
Read More »Fourth Department – Maintenance award: Gutierrez v. Gutierrez
New York State Supreme Court, Appellate Division, Fourth Judicial Department Maintenance award Exceeding statutory guidelines – Factors – Tax debt Gutierrez v. Gutierrez CA 20-01139 Appealed from Supreme Court, Niagara County Background: The defendant husband appealed from a judgment of ...
Read More »Fourth Department – Private nuisance: Becker v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Private nuisance Water discharge – Good faith improvements Becker v. State of New York CA 20-00514 Appealed from Court of Claims Background: The claimants commenced a private nuisance action seeking ...
Read More »Fourth Department – Order of protection: People v. Bolden
New York State Supreme Court, Appellate Division, Fourth Judicial Department Order of protection Expiration – Jail-time credit People v. Bolden KA 19-00207 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of attempted assault. He argues ...
Read More »Fourth Department – Plea colloquy: People v. Cafarelli
New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea colloquy Negating essential element – Subsequent questioning People v. Cafarelli KA 19-01577 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of criminal possession ...
Read More »Fourth Department – Preliminary injunction: Bison Elevator Service v. City of Buffalo
New York State Supreme Court, Appellate Division, Fourth Judicial Department Preliminary injunction Damages and costs – Appeal Bison Elevator Service v. City of Buffalo CA 19-01323 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding ...
Read More »Fourth Department – Slip and fall: Arghitthu-Atmekjian v. The TJX Companies, Inc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Questions of fact – Constructive notice – Storm in progress Arghitthu-Atmekjian v. The TJX Companies, Inc. CA 20-00504 Appealed from Supreme Court, Niagara County Background: The plaintiff ...
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