NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Miranda Unequivocal invocation – Harmless error People v. Czternastek KA 17-01495 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of murder. He argues that the court ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Defective grand jury proceedings Perjured testimony – Prejudice People v. Cruz-Rivera KA 17-01334 Appealed from Onondaga County Court Background: The defendant appealed from a judgment convicting him of murder, attempted ...

New York State Supreme Court, Appellate Division, Fourth Judicial District Tax foreclosure sale Surplus money – Default judgment County of Niagara v. Collingwood Construction Corp. CA 18-01687 Appealed from Supreme Court, Niagara County Background: Following the claimant’s failure to pay ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Education law Res judicata – Verified petition Buffalo Council of Supervisors and Administrators v. Cash CA 18-02195 Appealed from Supreme Court, Erie County Background: The petitioners appealed from the dismissal ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dog bite Actual or constructive knowledge C.-Y. Jennifer M. v. Boring CA 18-02329 Appealed from Supreme Court, Orleans County Background: The plaintiffs commenced an action seeking damages for injuries allegedly ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Excluded evidence Lay testimony – Intoxication – Witness credibility Brooks v. Blanchard CA 18-01646 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action seeking damages following a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Evidence Conditional examination – Juror misconduct – Set aside verdict People v. Blunt KA 15-02178 Appealed from Monroe County Court Background: The defendant appealed from his conviction of murder and ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Spousal support Guidelines – Deviation Bibbes-Turner v. Bibbes CAF 18-00374 Appealed from Family Court, Erie County Background: The petitioner appealed form an order denying her objections to the support magistrate’s ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Foreclosure sale Time of the essence clause – Party’s delay – Sanctions Bayview Loan Servicing v. Strauss, et al. CA 18-01444 Appealed from Supreme Court, Erie County Background: The plaintiff ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Subpoena Nonparty – Personal knowledge – Motion to compel Barber v. BorgWarner Inc. CA 18-00738 Appealed from Supreme Court, Chautauqua County Background: The petitioner commenced a proceeding seeking to quash ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Burglary Identity of criminal defendant People v. Alston KA 16-01991 Appealed from Erie County Court Background: The defendant appealed from his conviction of burglary. He argues that the evidence was ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Proximate cause – Inconsistent verdict Almuganahi v. Gonzalez CA 18-01502 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a negligence action seeking damages for injuries he sustained ...