NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Acrimonious relationship – Sole legal and physical custody Keller v. Keller CAF 18-00056 Appealed from Family Court, Onondaga County Background: The mother appealed from the grant of sole ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Election of remedies – Exclusive remedies Healthnow New York v. David Home Builders CA 19-00463 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...

United States Court of Appeals for the Second Circuit Commerce Clause Discrimination – Lack of universal enforcement State of New York v. Mountain Tobacco Co. 17-3198(L) Judges Kearse, Jacobs, and Sack Background: The defendant appealed from the grant of summary ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Duplicitous indictment Trial evidence – Dismissal People v. Kniffin KA 16-02260 Appealed from Ontario County Court Background: The defendant appealed from his conviction of criminal mischief arising from allegations that ...

United States Court of Appeals for the Second Circuit Unequal pay Gender discrimination – Retaliation – Prima facie case Lenzi v. Systemax Inc. 18-979 Judges Kearse, Pooler, and Wesley Background: The plaintiff appealed from the grant of summary judgment to ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support modification Change in income – Equal placement of children Brink v. Brink CAF 19-002090 Appealed from Family Court, Cattaraugus County Background: The respondent mother appealed from an amended ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppressed statements Voluntarily made – Alone in a jail cell People v. Bumpars KA 18-00258 Appealed from Jefferson County Court Background: The defendant appealed from his conviction of assault in ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support Arrears – Credit for college expenses Brinson v. Brinson CA 19-00121 Appealed from Supreme Court, Erie County Background: The defendant-petitioner appealed from an order that granted her petition ...

New York State Advisory Committee on Judicial Ethics Part-time attorney Guardian appointment – Continued representation Opinion 19-125 Background: The inquiring part-time attorney judge was appointed as guardian of the person and property of a severely developmentally disabled individual before he ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Wrongful death Barker/Manning rule – Criminal conduct – Heroin use Gentile v. Malenick, et al. CA 19-00452 Appealed from Supreme Court, Cayuga County Background: The plaintiff commenced a wrongful death ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Revocation of probation Unduly harsh and severe – Near completion People v. Goodearl KA 18-01573 Appealed from Supreme Court, Niagara County Background: The defendant appealed from a judgment revoking the ...

United States Court of Appeals for the Second Circuit Antitrust Foreign trade – Conduct in foreign countries Biocad JSC v. F. Hoffmann-La Roche Ltd. 17-3486-cv Judges Katzmann, Kearse, and Chin Background: The plaintiff appealed from the dismissal of its antitrust ...