NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Use variance Businesses in dwelling unit – Impact on community McFadden v. Town of Westmoreland Zoning Board CA 18-01753 Appealed from Supreme Court, Oneida County Background: The petitioners commenced an ...
Read More »Fourth Department – No-fault violations: Medical Care of Western New York v. Allstate Insurance Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department No-fault violations Sufficiency of complaint – Negligent supervision – Contract coverage Medical Care of Western New York v. Allstate Insurance Co. CA 18-01209 Appealed from Supreme Court, Erie County Background: ...
Read More »Fourth Department – Property tax lien: Liebel v. City of Rochester
New York State Supreme Court, Appellate Division, Fourth Judicial Department Property tax lien Auction – Irregularities with sale Liebel v. City of Rochester CA 18-01405 Appealed from Supreme Court, Monroe County Background: Following the petitioner’s failure to pay taxes on ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Kowal
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Drug abuse – Acceptance of responsibility People v. Kowal KA 18-01799 Appealed from Cayuga County Court Background: The defendant appealed from an order determining that he ...
Read More »Fourth Department – Workers Compensation: Kelsey v. Hourigan
New York State Supreme Court, Appellate Division, Fourth Judicial Department Workers Compensation Sole remedy – Business partnership Kelsey v. Hourigan CA 18-01742 Appealed from Supreme Court, Onondaga County Background: The plaintiff was injured when a cow fell on him at ...
Read More »Fourth Department – Collective bargaining agreement: Arbitration between Jefferson County and Jefferson County Local
New York State Supreme Court, Appellate Division, Fourth Judicial Department Collective bargaining agreement Grievance – Arbitration Arbitration between Jefferson County and Jefferson County Local CA 19-00098 Appealed from Supreme Court, Jefferson County Background: The petitioner appealed from an order that ...
Read More »Fourth Department – Court of Claims Act: Jeanty v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Act False imprisonment – Article 8-b – Rosario and Brady violations Jeanty v. State of New York CA 18-01718 Appealed from Court of Claims Background: The claimant ...
Read More »Fourth Department – Ineffective assistance of counsel: People v. Howard
New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Alibi evidence – Hearing – Recantation evidence – Reliability People v. Howard KA 16-00034 Appealed from Erie County Court Background: The defendant appealed from an order ...
Read More »Fourth Department – Village Law: Herkimer County Industrial Development Agency v. Village of Herkimer, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Village Law Regulatory interpretation – Unpaid water rents Herkimer County Industrial Development Agency v. Village of Herkimer, et al. CA 18-01072 Appealed from Supreme Court, Herkimer County Background: The plaintiff-petitioner, ...
Read More »Fourth Department – Prima facie tort: Greater Buffalo Accident & Injury Chiropractic v. Geico Casualty Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Prima facie tort Sufficiency of claim – Disinterested malevolence Greater Buffalo Accident & Injury Chiropractic v. Geico Casualty Co. CA 18-01971 Appealed from Supreme Court, Erie County Background: The plaintiff ...
Read More »Fourth Department – Premises liability: Grimshaw v. Carello
New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Duty to warn – Defective condition – Proximity of bathroom to stairway Grimshaw v. Carello CA 18-02196 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an ...
Read More »New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Alcohol abuse – Social consumption People v. Gerros KA 19-00510 Appealed from Cayuga County Court Background: The defendant appealed from an order determining that he is ...
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