NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression of evidence Abandoned weapon People v. Harper KA 22-00228 Appealed from Erie County Court Background: The people appealed from an order that granted the defendant’s motion to suppress a ...
Read More »Home / Case Digests /
Fourth Department – Insurance coverage: Hall v. New York Central Mutual Fire Insurance
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Actual cash value – Mere wager Hall v. New York Central Mutual Fire Insurance CA 21-01168 Appealed from Supreme Court, Monroe County Background: The plaintiffs commenced a breach ...
Read More »Fourth Department – Restrictive covenant: Halaby Jr. v. Denzak
New York State Supreme Court, Appellate Division, Fourth Judicial Department Restrictive covenant Interpretation – Equitable relief Halaby Jr. v. Denzak CA 21-01120 Appealed from Supreme Court, Monroe County Background: In an action seeking enforcement of restrictive covenants, the parties appealed ...
Read More »Fourth Department – Child custody and support: Froebel v. Froebel
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody and support College expenses – Stipulation Froebel v. Froebel CA 21-01298 Appealed from Supreme Court, Erie County Background: The plaintiff mother commenced an action challenging an oral stipulation ...
Read More »Fourth Department – Second child: sexual assault felony offender: People v. Gozdziak
New York State Supreme Court, Appellate Division, Fourth Judicial Department Second child sexual assault felony offender Foreign conviction – Proper analog People v. Gozdziak KA 22-00667 Appealed from Erie County Court Background: The defendant appealed from his conviction of attempted ...
Read More »Fourth Department – Rear-end collision: Foote v. March
New York State Supreme Court, Appellate Division, Fourth Judicial Department Rear-end collision Non-negligent explanation Foote v. March CA 21-01663 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained when he was ...
Read More »Fourth Department – Change of attorney: Deutsch Bank National Trust v. Pulver, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Change of attorney Failure to prosecute Deutsch Bank National Trust v. Pulver, et al. CA 21-01243 Appealed from Supreme Court, Ontario County Background: The defendants executed a note secured by ...
Read More »Court of Appeals – Mental competency examination: People ex rel Molinaro v. Warden, Rikers Island
New York State Court of Appeals Mental competency examination Remand into custody People ex rel Molinaro v. Warden, Rikers Island No. 94 Judge Rivera Background: A criminal defendant was charged by misdemeanor with several offenses, none of which were qualifying ...
Read More »Fourth Department – Criminal defense: People v. Elmore
New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal defense Automatic discovery – Prior family court adjudications People v. Elmore KA 20-01314 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of two counts ...
Read More »Fourth Department – Driving while intoxicated: People v. Dean
New York State Supreme Court, Appellate Division, Fourth Judicial Department Driving while intoxicated Operating a motor vehicle People v. Dean KA 18-02381 Appealed from Ontario County Court Background: The defendant appealed from his conviction of two counts of driving while ...
Read More »Fourth Department – Child custody and visitation: Conrad v. Conrad
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody and visitation Reduction in parenting time Conrad v. Conrad CA 21-01455 Appealed from Supreme Court, Onondaga County Background: The petitioner father appealed from an order that modified the ...
Read More »Court of Appeals – General Municipal Law: Borellie, et al. v. City of Yonkers
New York State Court of Appeals General Municipal Law Retiree supplement – Regular wages Borellie, et al. v. City of Yonkers No. 95 Judge Wilson Background: This case arises out of a dispute between the city of Yonkers and 39 ...
Read More »