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Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Termination provisions – Written terms Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC CA 22-01407 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a breach of contract action arising from a contract for snow removal services. The plaintiff appealed[...]
Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Bill of particulars Article 16 defense – Particularization Harris v. Rome Memorial Hospital, et al. CA 22-01505 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced a medical malpractice action for damages sustained as a result of the defendants’ alleged negligence in timely diagnosing [&hell[...]
Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid Uncompensated transfers – Hardship waiver Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health TP 22-00292 Transferred from Supreme Court, Oneida County Background: The petitioners commenced an Article 78 proceeding seeking to annul the determination of the respondent that the decedent [[...]
Fourth Department – Criminal possession of a firearm: People v. Wilson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal possession of a firearm Operable firearm People v. Wilson KA 18-01885 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of two counts of criminal possession of a weapon and endangering the welfare of a child. He argues that the […]
Fourth Department – Promoting prostitution: People v. Watts
New York State Supreme Court, Appellate Division, Fourth Judicial Department Promoting prostitution Molineux evidence People v. Watts KA 18-00042 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of promoting prostitution, three counts of rape, two counts of criminal sexual act and two counts of endangering the welfare of a child. The […]
Fourth Department – Show-up identification: People v. Waggoner
New York State Supreme Court, Appellate Division, Fourth Judicial Department Show-up identification Statements made to police People v. Waggoner KA 19-01868 Appealed from Chautauqua County Court Background: The defendant appealed from his conviction for murder in the second degree. The conviction stems from an incident in which the defendant shot and killed the victim following […]
Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Association Standing – Injunctive relief vs monetary relief Victory Village Tenants Assoc. v. Evergreen Communities, et al. CA 22-00432 Appealed from Supreme Court, Steuben County Background: The plaintiff is a non-profit corporation composed of residents of a nonparty community. The plaintiff was formed to promote [&he[...]
Fourth Department – Labor Law: Verdugo v. Fox Building Group
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Safety devices – Plaintiff’s misuse Verdugo v. Fox Building Group CA 22-00014 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action under the Labor Law after he was injured from a fall while he was installing roof trusses on a […]
Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
New York State Supreme Court, Appellate Division, Fourth Judicial Department Out-of-possession landlord Contractual obligation – Exceptions Truax v. M.D. Meyer’s Properties CA 22-00986 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking damages after he was injured by an icicle that fell from the roof of a building, striking his head. […]
Fourth Department – Discovery: Sylvester v. Sanders
New York State Supreme Court, Appellate Division, Fourth Judicial Department Discovery Order of Protection – Written notice statute Sylvester v. Sanders CA 23-00097 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action against the defendant city of Niagara Falls following a motor vehicle accident. On appeal, the plaintiff argues that the court […]
Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Out-of-possession landlord Parent company – Contractual obligations Smith v. Marshall Farms Group, et al. CA 22-01705 Appealed from Supreme Court, Wayne County Background: The plaintiff commenced an action after her right hand was amputated while she was cleaning a machine. She appeals from an order […]
Fourth Department – Court of Claims: Santiago v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Late notice of claim – Meritorious action Santiago v. State of New York CA 22-00859 Appealed from Court of Claims Background: The claimant appealed from the dismissal of his claim and denying his request seeking leave to file a late claim. The […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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