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Appellate Division, Fourth Dept.

Fourth Department – Motor vehicle accident: Barron v. Blasetti

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Serious injury – Range of motion measurements – Question of fact Barron v. Blasetti CA 19-01705 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an ...

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Fourth Department – Negligence: Barnett v. Disalvo

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Expert preclusion – New Theory of negligence Barnett v. Disalvo CA 19-01470 Appealed from Supreme Court, Erie County Background: The plaintiff appealed from an amended judgment that awarded defendants ...

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Fourth Department – Mortgage foreclosure: U.S. Bank National Assoc. v. Brown, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Mortgage foreclosure Statute of limitations – Revocation of acceleration of mortgage U.S. Bank National Assoc. v. Brown, et al. CA 19-00644 Appealed from Supreme Court, Chautauqua County Background: The plaintiff ...

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

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Upward departure – History of violence toward victim People v. Thomas KA 19-00528 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a determination ...

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Fourth Department – Mental Hygiene Law: State of New York v. Donald G.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Mental Hygiene Law Mental abnormality – Juror misconduct State of New York v. Donald G. CA 18-01355 Appealed from Supreme Court, Cayuga County Background: The petitioner commenced this proceeding pursuant ...

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Fourth Department – Severing indictment: People v. Smith

New York State Supreme Court, Appellate Division, Fourth Judicial Department Severing indictment Lesser included offenses – Murder and manslaughter People v. Smith KA 18-00944 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of manslaughter and ...

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Fourth Department – Right to appeal: People v. Shantz

New York State Supreme Court, Appellate Division, Fourth Judicial Department Right to appeal Waiver – Best practices People v. Shantz KA 18-00078 Appealed from Supreme Court, Ontario County Background: The defendant appealed from his conviction of unlawful surveillance contending that ...

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Fourth Department – Labor Law: Schutt v. Bookhagen

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Safety devices – Presence on worksite – Duty Schutt v. Bookhagen CA 19-01214 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for ...

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Fourth Department – Insurance coverage: Scalzo v. Central Co-operative Insurance Co.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Policy exclusion – Intentional acts Scalzo v. Central Co-operative Insurance Co. CA 19-01201 Appealed from Supreme Court, Oneida County  Background: The defendant appealed from a declaration that it ...

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Fourth Department – Self-representation: People v. Rogers

New York State Supreme Court, Appellate Division, Fourth Judicial Department Self-representation Trial court’s duty – Best practices People v. Rogers KA 15-01687 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of criminal possession of ...

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Fourth Department – Luring a child: People v. Ringrose

New York State Supreme Court, Appellate Division, Fourth Judicial Department Luring a child Luring victims into motor vehicle – Social media statements People v. Ringrose KA 18-01060 Appealed from Ontario County Court Background: The defendant appealed from his conviction of ...

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Fourth Department – Motor vehicle accident: Alexandra R. v. Krone, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Roadway work – Reckless disregard Alexandra R. v. Krone, et al. CA 19-00761 Appealed from Supreme Court, Erie County Background: A vehicle carrying 10 occupants drifted from ...

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