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Appellate Division, Fourth Dept.

Fourth Department – Zoning appeals: Carl Myers Enterprises Inc. v. Town of Conesus Zoning Board of Appeals

New York State Supreme Court, Appellate Division, Fourth Judicial Department Zoning appeals Unanimity rule Carl Myers Enterprises Inc. v. Town of Conesus Zoning Board of Appeals CA 19-01858 Appealed from Supreme Court, Livingston County Background: The respondent Town of Conesus ...

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Fourth Department – Partnership: Capizzi v. Brown Chiari

New York State Supreme Court, Appellate Division, Fourth Judicial Department Partnership Factor test – Dissolution Capizzi v. Brown Chiari CA 19-01828 Appealed from Supreme Court, Erie County Background: After resigning from the defendant law firm, the plaintiff commenced an action ...

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Fourth Department – Motion to dismiss: Cain-Henry v. Shot, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motion to dismiss Release – Fraud and misrepresentation Cain-Henry v. Shot, et al. CA 19-01786 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action to recover for ...

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Fourth Department – Jury instruction: People v. Brown

New York State Supreme Court, Appellate Division, Fourth Judicial Department Jury instruction Alternative theory of liability – Accessory liability People v. Brown KA 19-01899 Appealed from Wyoming County Court Background: The defendant appealed from his conviction of assault. He and ...

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Fourth Department – Breach of contract: Bisimwa v. St. John Fisher College

New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Student conduct hearing – Release of defamatory information Bisimwa v. St. John Fisher College CA 20-00364 Appealed from Supreme Court, Monroe County Background: The plaintiff was expelled ...

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Fourth Department – Escape in the first degree: People v. Bagley

New York State Supreme Court, Appellate Division, Fourth Judicial Department Escape in the first degree Legal sufficiency – Custody – Consent to DNA sample People v. Bagley KA 17-00112 Appealed from Ontario County Court Background: The defendant appealed from predatory ...

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Fourth Department – Duty to defend and indemnify: Parsons McKenna Construction Co. v. Allied Insurance Companies, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Duty to defend and indemnify Contractual language Parsons McKenna Construction Co. v. Allied Insurance Companies, et al. CA 20-00028 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from ...

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Fourth Department – Res ipsa loquitur: Abdelall v. Niagara Frontier Transit Metro System

New York State Supreme Court, Appellate Division, Fourth Judicial Department Res ipsa loquitur Exclusivity of control – Emergency doctrine Abdelall v. Niagara Frontier Transit Metro System CA 20-00037 Appealed from Supreme Court, Erie County Background: The defendants appealed from a ...

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Fourth Department – Negligent supervision: Zalewski v. East Rochester Board of Education

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent supervision Sporting activity – Enforcement of no contact rules Zalewski v. East Rochester Board of Education CA 20-00633 Appeal from Supreme Court, Monroe County Background: The plaintiff commenced an ...

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Fourth Department – Injury at school: Karla W. v. Carlisha K.M.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Injury at school Duty of Care – Charter schools Karla W. v. Carlisha K.M. CA 19-02301 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action against the ...

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Fourth Department – Election Law: Saunders v. Mansouri

New York State Supreme Court, Appellate Division, Fourth Judicial Department Election Law Designating petition – Permeated with fraud Saunders v. Mansouri CAE 21-00645 Appealed from Supreme Court, Erie County Background: The petitioner appealed from an order that denied her petition ...

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Fourth Department – Election Law: Kowal v. Bargnesi

New York State Supreme Court, Appellate Division, Fourth Judicial Department Election Law Certification – Date of primary election Kowal v. Bargnesi CAE 21-00633 Appealed from Supreme Court, Erie County Background: The parties appeal from an order that granted an Election ...

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