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New York State Supreme Court, Appellate Division, Fourth Judicial Department Summary judgment Expert affidavits – Personally observe – Use of photographs Depcynski v. Schuster CA 20-00733 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action alleging breach ...
Read More »Fourth Department – Suppression: People v. Desjardins
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Joint task force – Statements made to Child Protective Services People v. Desjardins KA 18-01288 Appealed from Supreme Court, Oswego County Background: The defendant appealed from his conviction of ...
Read More »Fourth Department – General Municipal Law 50-h: Jeffrey T. C. v. Grand Island Central School District
New York State Supreme Court, Appellate Division, Fourth Judicial Department General Municipal Law 50-h Refusal of examination – Exceptional circumstances Jeffrey T. C. v. Grand Island Central School District CA 19-02310 Appealed from Supreme Court, Erie County Background: The plaintiffs ...
Read More »Fourth Department – Psychiatric malpractice: Bumbolo v. Faxton St. Luke’s Healthcare, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Psychiatric malpractice Convicted of murder – Not responsible by mental disease – Motion to dismiss Bumbolo v. Faxton St. Luke’s Healthcare, et al. CA 20-00793 Appealed from Supreme Court, Oneida ...
Read More »Fourth Department – Murder in the second degree: People v. Brewer
New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder in the second degree Retrial – Accomplice liability – Prior theory – Unduly harsh sentence People v. Brewer KA 15-01823 Appealed from Supreme Court, Monroe County Background: The defendant ...
Read More »Fourth Department – Premises liability: Bullock v. The Angry Goat Pub
New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Inherently dangerous condition – Building code compliance Bullock v. The Angry Goat Pub CA 20-00807 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action for ...
Read More »Fourth Department – Discovery demands: Brennan v. Demydyuk
New York State Supreme Court, Appellate Division, Fourth Judicial Department Discovery demands Threshold issue – Reasonably related – Cell phone records Brennan v. Demydyuk CA 20-00494 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a negligence action to ...
Read More »Fourth Department – Conditions of probation: People v. Blanco-Ortiz
New York State Supreme Court, Appellate Division, Fourth Judicial Department Conditions of probation Sexual abuse – Relating to the offense People v. Blanco-Ortiz KA 18-02331 Appealed from Supreme Court, Erie County Background: The defendant appealed from a judgment convicting him ...
Read More »Fourth Department – Motion to dismiss: Armenta v. Preston, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motion to dismiss Release – Elements of fraud in the inducement Armenta v. Preston, et al. CA 20-00024 Appealed from Supreme Court, Steuben County Background: The plaintiff commenced an action ...
Read More »Fourth Department – Premises liability: Wheeler v. Gibbons, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Recreational use – Suitability for ATV use Wheeler v. Gibbons, et al. CA 20-00495 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced a premises liability action ...
Read More »Fourth Department – Contractual indemnification: Tanksley v. LCO Building LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Contractual indemnification Injury arising out of subcontractor’s work – Indemnification provision Tanksley v. LCO Building LLC CA 20-00268 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...
Read More »Fourth Department – Workers’ Compensation Law: Taylor v. Piatkowski Riteway Meats
New York State Supreme Court, Appellate Division, Fourth Judicial Department Workers’ Compensation Law Exclusive remedy – Special employee – Relinquish of control – Staffing agency Taylor v. Piatkowski Riteway Meats CA 20-01016 Appealed from Supreme Court, Niagara County Background: The ...
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