Home / Case Digests / Appellate Division, Fourth Dept. (page 10)

Appellate Division, Fourth Dept.

Fourth Department – Summary judgment: Miller v. Miller

New York State Supreme Court, Appellate Division, Fourth Judicial Department Summary judgment Standard – Fiduciary duty – Control of investigation Miller v. Miller CA 20-00203 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action on behalf of ...

Read More »

Fourth Department – Misnomer: The Fitness Institute v. Hallac

New York State Supreme Court, Appellate Division, Fourth Judicial Department Misnomer Correcting mistakes – No prejudice The Fitness Institute v. Hallac CA 19-01252 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a breach of contract action as Fitness ...

Read More »

Fourth Department – Summary judgment: L&M Group v. Amy Lipsitz

New York State Supreme Court, Appellate Division, Fourth Judicial Department Summary judgment Pending discovery demands L&M Group v. Amy Lipsitz CA 19-02024 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced a breach of contract action alleging the defendant ...

Read More »

Fourth Department – Negligent investigation: Hart v. County of Erie, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent investigation Negligent training in investigation procedures – Not recognizable cause of action Hart v. County of Erie, et al. CA 19-02156 Appealed from Supreme Court, Erie County Background: The ...

Read More »

Fourth Department – Respondeat superior: Wood v. Brownlee

New York State Supreme Court, Appellate Division, Fourth Judicial Department Respondeat superior Control – Driving home from business meeting Wood v. Brownlee CA 19-02303 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced actions seeking damages for injuries they ...

Read More »

Fourth Department – Plea bargain: People v. Greer

New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea bargain Coercion – Defense counsel’s duty People v. Greer KA 18-01571 Appealed from Erie County Court Background: The defendant appealed from his conviction of attempted robbery. He argues that ...

Read More »

Fourth Department – Sex Offender Registration Act: People v. Turner

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Alcohol and substance abuse – Abstinence while incarcerated People v. Turner KA 19-01439 Appealed from Monroe County Court Background: The defendant appealed from an order determining ...

Read More »

Fourth Department – Cross-examination: Williams v. Ridge View Manor

New York State Supreme Court, Appellate Division, Fourth Judicial Department Cross-examination Expert witness – Nonparty testimony Williams v. Ridge View Manor CA 19-00939 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action as administrator of the estate ...

Read More »

Fourth Department – Custody: Tartaglia v. Tartaglia

New York State Supreme Court, Appellate Division, Fourth Judicial Department Custody Modification – Parent’s relationship with non-party Tartaglia v. Tartaglia CAF 20-00695 Appealed from Family Court, Monroe County Background: The respondent mother appealed from an order that granted the petitioner ...

Read More »

Fourth Department – Defective indictment: People v. Snyder

New York State Supreme Court, Appellate Division, Fourth Judicial Department Defective indictment Elements of a crime People v. Snyder KA 18-02218 Appealed from Genesee County Court Background: The defendant appealed from a judgment convicting her of bail jumping. The charge ...

Read More »

Fourth Department – New evidence: People v. Sylvester

New York State Supreme Court, Appellate Division, Fourth Judicial Department New evidence Opening the door theory People v. Sylvester KA 16-01619 Appealed from Niagara County Court Background: The defendant appealed from his conviction of attempted murder and criminal possession of ...

Read More »

Fourth Department – Criminally negligent homicide: People v. Pinnock

New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminally negligent homicide Legal sufficiency – Operating a vehicle in disrepair People v. Pinnock KA 16-02162 Appealed from Ontario County Court Background: The defendant appealed from his conviction of criminally ...

Read More »