NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Acrimonious relationship – Sole legal and physical custody Keller v. Keller CAF 18-00056 Appealed from Family Court, Onondaga County Background: The mother appealed from the grant of sole ...
Read More »Fourth Department – Breach of contract: Healthnow New York v. David Home Builders
New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Election of remedies – Exclusive remedies Healthnow New York v. David Home Builders CA 19-00463 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...
Read More »Fourth Department – Duplicitous indictment: People v. Kniffin
New York State Supreme Court, Appellate Division, Fourth Judicial Department Duplicitous indictment Trial evidence – Dismissal People v. Kniffin KA 16-02260 Appealed from Ontario County Court Background: The defendant appealed from his conviction of criminal mischief arising from allegations that ...
Read More »Fourth Department – Child support modification: Brink v. Brink
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support modification Change in income – Equal placement of children Brink v. Brink CAF 19-002090 Appealed from Family Court, Cattaraugus County Background: The respondent mother appealed from an amended ...
Read More »Fourth Department – Suppressed statements: People v. Bumpars
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppressed statements Voluntarily made – Alone in a jail cell People v. Bumpars KA 18-00258 Appealed from Jefferson County Court Background: The defendant appealed from his conviction of assault in ...
Read More »Fourth Department – Child support: Brinson v. Brinson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support Arrears – Credit for college expenses Brinson v. Brinson CA 19-00121 Appealed from Supreme Court, Erie County Background: The defendant-petitioner appealed from an order that granted her petition ...
Read More »Fourth Department – Wrongful death: Gentile v. Malenick, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Wrongful death Barker/Manning rule – Criminal conduct – Heroin use Gentile v. Malenick, et al. CA 19-00452 Appealed from Supreme Court, Cayuga County Background: The plaintiff commenced a wrongful death ...
Read More »Fourth Department – Revocation of probation: People v. Goodearl
New York State Supreme Court, Appellate Division, Fourth Judicial Department Revocation of probation Unduly harsh and severe – Near completion People v. Goodearl KA 18-01573 Appealed from Supreme Court, Niagara County Background: The defendant appealed from a judgment revoking the ...
Read More »Fourth Department – Town zoning determination: Fox v. Town of Geneva Zoning Board of Appeals
New York State Supreme Court, Appellate Division, Fourth Judicial Department Town zoning determination Rational basis – Plain meaning of town code – Fences Fox v. Town of Geneva Zoning Board of Appeals CA 18-01304 Appealed from Supreme Court, Ontario County ...
Read More »Fourth Department – Security interest: Ford Motor Credit Co. v. McCarthy Acquisition Corp., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Security interest Buyer in ordinary course – Bulk purchase Ford Motor Credit Co. v. McCarthy Acquisition Corp., et al. CA 18-02266 Appealed from Supreme Court, Erie County Background: The underlying ...
Read More »Fourth Department – Grand larceny: Lien Law – Contractor People v. Cahoon
New York State Supreme Court, Appellate Division, Fourth Judicial Department Grand larceny Lien Law – Contractor People v. Cahoon KA 16-00632 Appealed from Monroe County Court Background: The defendant appealed from his conviction of grand larceny based on section 79-a(1)(b) ...
Read More »Fourth Department – Default judgment: Butchello v. Terhaar
New York State Supreme Court, Appellate Division, Fourth Judicial Department Default judgment Reasonable excuse – Vacate Butchello v. Terhaar CA 18-01842 Appealed from Supreme Court, Cattaraugus County Background: After commencing a medical malpractice action, the plaintiff discharged her attorneys. The ...
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