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Appellate Division, Fourth Dept.

Sep 22, 2023

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[...]

Sep 21, 2023

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 [[...]

Sep 21, 2023

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 […]

Sep 21, 2023

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 […]

Sep 20, 2023

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 […]

Sep 20, 2023

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[...]

Sep 19, 2023

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 […]

Sep 19, 2023

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. […]

Sep 18, 2023

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 […]

Sep 18, 2023

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 […]

Sep 15, 2023

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 […]

Sep 15, 2023

Fourth Department – Peremptory challenge: People v. Santiago

New York State Supreme Court, Appellate Division, Fourth Judicial Department Peremptory challenge Juror’s impartiality – Driving while intoxicated People v. Santiago KA 21-01759 Appealed from Ontario County Court Background: The defendant appealed from his conviction of driving while ability impaired and aggravated unlicensed operations of a motor vehicle. The conviction arose during a traffic[...]

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