NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Municipal liability Notice – City’s charter requirements O’Hara v. City of Buffalo CA 22-00101 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action seeking damages for injuries ...
Read More »Fourth Department – Indemnification: Olivieri v. Barnes & Noble, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Indemnification Rule of ejusdem generis Olivieri v. Barnes & Noble, et al. CA 22-00261 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the underlying negligence action against Barnes ...
Read More »Fourth Department – Statement of material facts: Water Productions LLC v. Glynos
New York State Supreme Court, Appellate Division, Fourth Judicial Department Statement of material facts Failure to counter statement On the Water Productions LLC v. Glynos CA 22-00201 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking ...
Read More »Fourth Department – Transfer of title: Neal v. Fedder Lofts LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Transfer of title Tax delinquency – Void sale Neal v. Fedder Lofts LLC CA 21-01135 Appealed from Erie County Court Background: The respondent county obtained a judgment of foreclosure with ...
Read More »Fourth Department – Motor vehicle accident: Mussari v. Murray
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Serious injury – Sufficiency of evidence Mussari v. Murray CA 21-01483 Appealed from Supreme Court, Erie County ackground: The plaintiff commenced an action seeking damages he sustained ...
Read More »Fourth Department – Right-of-way: Mosley v. Parnell, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right-of-way Scope of easement Mosley v. Parnell, et al. CA 21-00388 Appealed from Supreme Court, Cayuga County Background: The plaintiffs are property owners who have use of an easement over ...
Read More »Fourth Department – Dangerous sex offender: Ruben M. v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Dangerous sex offender Acknowledgment of crimes Ruben M. v. State of New York CA 21-01432 Appealed from Supreme Court, Oneida County Background: The petitioner appealed from an order determining that ...
Read More »Fourth Department – Negligence: Miller v. Silvarole Trucking Inc., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Emergency doctrine – Sole cause of emergency Miller v. Silvarole Trucking Inc., et al. CA 21-01770 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking ...
Read More »Fourth Department – Child visitation: McRae v. Brown
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child visitation Contempt – Violation of order of custody McRae v. Brown CAF 21-00848 Appealed from Family Court, Oneida County Background: The petitioner-respondent father appealed from an order seeking to ...
Read More »Fourth Department – Interpleader action: Lincoln Life & Annuity Company of NY v. Wittmeyer, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Interpleader action Summary judgment – Power-of-attorney Lincoln Life & Annuity Company of NY v. Wittmeyer, et al. CA 21-00521 Appealed from Supreme Court, Erie County Background: The interpleader plaintiff issued ...
Read More »Fourth Department – Manslaughter: People v. Jones
New York State Supreme Court, Appellate Division, Fourth Judicial Department Manslaughter Ineffective assistance of counsel People v. Jones KA 21-00117 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting her of manslaughter arising from an incident ...
Read More »Fourth Department – Waiving patient physician-privilege: Johnson v. Amadorzabala
New York State Supreme Court, Appellate Division, Fourth Judicial Department Waiving patient physician-privilege Mental health records – Submission to sentencing court Johnson v. Amadorzabala CA 22-00540 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a personal injury action ...
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