NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Reasonable suspicion Citizen informant – Unidentified People v. Edwards KA 18-01563 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of criminal possession of a weapon ...
Read More »Fourth Department – Sentencing: People v. Griffin
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Unduly harsh – Modification in the interest of justice – Factors People v. Griffin KA 19-00791 Appealed from Yates County Court Background: The defendant appealed from a judgment revoking ...
Read More »Fourth Department – Insurance coverage: Downstairs Cabaret Inc. v. Wesco Insurance Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Ambiguous terms – Declarations Downstairs Cabaret Inc. v. Wesco Insurance Company CA 19-02071 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a breach of contract action ...
Read More »Fourth Department – Insurance coverage: Carrier Corp., et al. v. Allstate Insurance Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Transfer of coverage – Extrinsic evidence Carrier Corp., et al. v. Allstate Insurance Co. CA 18-02292 Appealed from Supreme Court, Onondaga County Background: The plaintiffs were once-related corporate ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Bryant
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Sexual contact – Inappropriate contact People v. Bryant KA 19-01305 Appealed from Monroe County Court Background: The defendant appealed from an order classifying him as a ...
Read More »Fourth Department – Mootness doctrine: Brooks v. Palmieri
New York State Supreme Court, Appellate Division, Fourth Judicial Department Mootness doctrine Sick leave benefits – Retirement benefits Brooks v. Palmieri CA 19-02265 Appealed from Supreme Court, Oneida County Background: The petitioner, a former fire chief for the respondent city, ...
Read More »Fourth Department – Juror misconduct: People v. Blunt
New York State Supreme Court, Appellate Division, Fourth Judicial Department Juror misconduct Relationship with defendant’s mother – Sporadic contact People v. Blunt KA 15-02178 Appealed from Monroe County Court Background: The defendant appealed from his conviction of murder and conspiracy. ...
Read More »Fourth Department – Slip and fall: Brockway v. County of Chautauqua
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Municipal defendant – Nonfeasance versus affirmative acts of negligence Brockway v. County of Chautauqua CA 19-01813 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced an ...
Read More »Fourth Department – Slip and fall: Ayers v. Pioneer Central School District
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Icy conditions – Ongoing storm – Preexisting ice Ayers v. Pioneer Central School District CA 19-00964 Appealed from Supreme Court, Cattaraugus County Background: The plaintiff commenced an ...
Read More »Fourth Department – Failure to rescue: Bauer v. County of Erie, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Failure to rescue Municipal liability – Special relationship Bauer v. County of Erie, et al. CA 19-00534 Appealed from Supreme Court, Erie County Background: During a travel ban due to ...
Read More »Fourth Department – Deficiency judgment: Ally Financial Inc. v. Jonathan
New York State Supreme Court, Appellate Division, Fourth Judicial Department Deficiency judgment Damages – Burden of proof Ally Financial Inc. v. Jonathan CA 19-01996 Appealed from Supreme Court, Genesee County Background: The plaintiff commenced an action for a deficiency judgment ...
Read More »Fourth Department – Assumption of the risk: Williams v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Assumption of the risk Dangerous equipment – Appreciation of the risk Williams v. State of New York CA 19-00729 Appealed from Court of Claims Background: The claimant commenced an action ...
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