NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Insurance agent – Duty to decedent’s estate Gatto v. Allstate Indemnity Co. CA 18-00494 Appealed from Supreme Court, Oneida County Background: The decedent had contacted the defendant insurance ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Foerster
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Conduct directed toward stranger – Pornographic images on file People v. Foerster KA 18-01567 Appealed from Monroe County Court Background: The defendant appealed from an order ...
Read More »Fourth Department – Negligence: Douglas F. v. Williamsville Central School District
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Set-aside verdict – Deficiencies in expert’s testimony – Valid line of reasoning Douglas F. v. Williamsville Central School District CA 18-01458 Appealed from Supreme Court, Erie County Background: The ...
Read More »Fourth Department – Vicarious liability: Dunn v. County of Niagara, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Vicarious liability Transportation of remains – Coroner Dunn v. County of Niagara, et al. CA 17-02146 Appealed from Supreme Court, Niagara County Background: The plaintiffs appealed from an order dismissing ...
Read More »Fourth Department – Right to counsel: People v. Edwards
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right to counsel Adequacy of representation – Court’s duty to inquire – Failure to file motions People v. Edwards KA 16-00844 Appealed from Supreme Court, Onondaga County Background: The defendant ...
Read More »Fourth Department – Motor-vehicle accident: Dunkle v. Vakoulich
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor-vehicle accident Rear-end collision – Violation of Vehicle and Traffic Law Dunkle v. Vakoulich CA 18-02338 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action following a ...
Read More »Fourth Department – Right of first refusal: Tuminno v. Waite, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right of first refusal Real property sale – Tenants in common – Contract interpretation Tuminno v. Waite, et al. CA 18-00120 Appealed from Supreme Court, Chautauqua County Background: In an ...
Read More »Fourth Department – Medical malpractice: Dickinson v. Bassett Healthcare, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Vicarious liability – Question of fact – Deviation from the standard of care Dickinson v. Bassett Healthcare, et al. CA 18-01107 Appealed from Supreme Court, Herkimer County Background: ...
Read More »Fourth Department – Malicious prosecution: Bratge v. Simons, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Malicious prosecution Probable cause – Denial by the accused – Testimony of a minor Bratge v. Simons, et al. CA 18-01141 Appealed from Supreme Court, Oneida County Background: The plaintiff ...
Read More »Fourth Department – Supplemental disability benefits: Tomassi v. City of Buffalo
New York State Supreme Court, Appellate Division, Fourth Judicial Department Supplemental disability benefits Firefighter – Mandatory retirement age – Amendment Tomassi v. City of Buffalo CA 18-01482 Appealed from Supreme Court, Erie County Background: The petitioner is a former firefighter ...
Read More »Fourth Department – Certificate of readiness: Backer & Associates v. PPB Engineering & Systems Design
New York State Supreme Court, Appellate Division, Fourth Judicial Department Certificate of readiness Incomplete discovery – Protective order – Confidentiality stipulation Backer & Associates v. PPB Engineering & Systems Design CA 18-01601 Appealed from Supreme Court, Monroe County Background: The ...
Read More »Fourth Department – Slip and fall: Barber v. Sorce, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Storm in progress doctrine – Appreciable precipitation Barber v. Sorce, et al. CA 18-02063 Appealed from Supreme Court, Genesee County Background: The plaintiff commenced an action for ...
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