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New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance fraud Investigator testimony – Prejudicial People v. Murray KA 17-00108 Appealed from Supreme Court, Monroe County Background: The defendant appealed from her conviction of insurance fraud and falsifying business ...
Read More »Fourth Department – Right of first refusal: Martin v. Seeley
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right of first refusal Statute of frauds – Consideration Martin v. Seeley CA 20-00406 Appealed from Supreme Court, Chautauqua County Background: The plaintiffs commenced an action seeking a declaration adjudicating ...
Read More »Fourth Department – DNA testing: People v. Letizia
New York State Supreme Court, Appellate Division, Fourth Judicial Department DNA testing Motion denied without hearing – Victim testimony People v. Letizia KA 19-01949 Appealed from Supreme Court, Erie County Background: The defendant appealed from an order that denied his ...
Read More »Fourth Department – Subpoena nonparty: M&T Bank Corp. v. Moody’s Investors Services Inc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Subpoena Nonparty Motion to quash – Prior determination – Material and necessary M&T Bank Corp. v. Moody’s Investors Services Inc. CA 19-023272 Appealed from Supreme Court, Erie County Background: The ...
Read More »Fourth Department – Labor Law: Lemiszko v. Mosovich 2014 Family Trust, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Collateral estoppel – Workers’ Compensation – Employer Lemiszko v. Mosovich 2014 Family Trust, et al. CA 19-01528 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Huntley
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Waiver of counsel – Searching inquiry People v. Huntley KA 20-00154 Appealed from Monroe County Court Background: The defendant appealed from an order determining that he ...
Read More »Fourth Department – Municipal negligence: Horst v. City of Syracuse
New York State Supreme Court, Appellate Division, Fourth Judicial Department Municipal negligence Prior written notice – Affirmative negligence exception Horst v. City of Syracuse CA 19-01591 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a negligence action seeking ...
Read More »Fourth Department – Responsive pleading: Hamilton Equity Group v. Lumbreras
New York State Supreme Court, Appellate Division, Fourth Judicial Department Responsive pleading Personal jurisdiction – Untimely cross-motion Hamilton Equity Group v. Lumbreras CA 19-002243 Appealed from Supreme Court, Erie County Background: The defendant appealed from an order that granted the ...
Read More »Fourth Department – Order of filiation: Matter of Alex H. v. Aspyn L.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Order of filiation Equitable estoppel – Child’s best interests Matter of Alex H. v. Aspyn L. CAF 20-00694 Appealed from Family Court, Steuben County Background: The petitioner father filed a ...
Read More »Fourth Department – Labor Law: Healy v. EST Downtown LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Protected activity – Cleaning Healy v. EST Downtown LLC CA 19-01403 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action to recover damages under Labor ...
Read More »Fourth Department – Parental neglect: Matter of Carter H.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Parental neglect Incarceration – Parental efforts Matter of Carter H. CAF 19-02082 Appealed from Family Court, Oswego County Background: The father appealed from an order terminating his parental rights on ...
Read More »Fourth Department – Maintenance modification: Gardner v. Zammit
New York State Supreme Court, Appellate Division, Fourth Judicial Department Maintenance modification Downward departure – Summary judgment – Standard Gardner v. Zammit CA 20-00192 Appealed from Supreme Court, Erie County Background: On a prior appeal, the Appellate Division determined that ...
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