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New York State Supreme Court, Appellate Division, Fourth Judicial Department Predecessor liability Asset purchase agreement – Limitation of successor liability Shucltz v. Alamo Group Inc. CA 20-00744 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action the ...
Read More »Fourth Department – Prisoner visitation: Sam v. Annucci
New York State Supreme Court, Appellate Division, Fourth Judicial Department Prisoner visitation Indefinite suspension Sam v. Annucci TP 20-01291 Transferred from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination suspending indefinitely ...
Read More »Fourth Department – Derivative neglect: Matter of Lamairik S.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Derivative neglect Parent’s burden Matter of Lamairik S. CAF 19-00554 Appealed from Family Court, Onondaga County Background: The respondent father appealed from an order that adjudicated the subject child to ...
Read More »Fourth Department – Education Law: Root v. Salamanca Central School District
New York State Supreme Court, Appellate Division, Fourth Judicial Department Education Law Service requirements – Amended complaint Root v. Salamanca Central School District CA 20-00123 Appealed from Supreme Court, Cattaraugus County Background: The plaintiff, a teacher formerly employed by the ...
Read More »Fourth Department – Statute of limitations: Rider v. Rainbow Mobile Home Park, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Statute of limitations Negligent repair – Negligent design, manufacture, and construction Rider v. Rainbow Mobile Home Park, et al. CA 19-01846 Appealed from Supreme Court, Erie County Background: The plaintiff ...
Read More »Fourth Department – Youthful offender: People v. Reed
New York State Supreme Court, Appellate Division, Fourth Judicial Department Youthful offender Remittal People v. Reed KA 16-02097 Appealed from Monroe County Court Background: The defendant appealed from his conviction of robbery in the first degree. He argues that the ...
Read More »Fourth Department – Attempted rape: People v. Rath
New York State Supreme Court, Appellate Division, Fourth Judicial Department Attempted rape Legal sufficiency – Prompt outcry People v. Rath KA 18-01872 Appealed from Erie County Court Background: The defendant appealed from his conviction of three counts of predatory sexual ...
Read More »Fourth Department – Personal injury: Powers v. City of Geneva, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Personal injury Land exchange – Negligent misrepresentation – Chemical exposure Powers v. City of Geneva, et al. CA 20-00861 Appealed from Supreme Court, Ontario County Background: The plaintiffs commenced an ...
Read More »Fourth Department – Intent to kill or cause serious physical harm: People v. Pearson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Intent to kill or cause serious physical harm Sufficiency of the evidence – Directing accomplice to shoot People v. Pearson KA 17-00556 Appealed from Oneida County Court Background: The defendant ...
Read More »Fourth Department – Motion to dismiss: Pottorff v. Centra Financial Group Inc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motion to dismiss Fraudulent inducement – misrepresentation – Rescission Pottorff v. Centra Financial Group Inc. CA 20-00097 Appealed from Supreme Court, Wayne County Background: The plaintiff commenced an action against ...
Read More »Fourth Department – Hazing: Neelman v. SUNY at Buffalo
New York State Supreme Court, Appellate Division, Fourth Judicial Department Hazing Due process – Notice and evidence Neelman v. SUNY at Buffalo TP 20-00792 Transferred from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to ...
Read More »Fourth Department – Arbitration: Niagara Frontier Transportation Authority v. NFTA Police Benevolent Assoc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Arbitration Past practices – Public policy Niagara Frontier Transportation Authority v. NFTA Police Benevolent Assoc. CA 19-01569 Appealed from Supreme Court, Erie County Background: The petitioner commenced an award seeking ...
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