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Appellate Division, Fourth Dept.

Fourth Department – Fraud: Dreamco Development Corp. v. Empire State Development Corp.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Fraud — Reputational damages — Loss of good will Dreamco Development Corp. v. Empire State Development Corp. CA 20-00405 Appealed from Supreme Court, Erie County Background: The parties entered into ...

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Fourth Department – Suppression: People v. Hollingsworth

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Vehicle search – Disclaimer of ownership of vehicle key fob People v. Hollingsworth KA 19-00151 Appealed from Erie County Court Background: The defendant appealed from his conviction of criminal ...

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Fourth Department – Vehicle search: People v. Collins

New York State Supreme Court, Appellate Division, Fourth Judicial Department Vehicle search Probable cause – Marijuana odor People v. Collins KA 16-00577 Appealed form Monroe County Court Background: The defendant appealed from a judgment convicting him of burglary. He argues ...

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Fourth Department – Show-up identification: People v. Clark

New York State Supreme Court, Appellate Division, Fourth Judicial Department Show-up identification Police officer identification People v. Clark KA 16-00354 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a judgment convicting him of criminal possession of a ...

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Fourth Department – Probable cause: People v. Bethea

New York State Supreme Court, Appellate Division, Fourth Judicial Department Probable cause Traffic stop – Search People v. Bethea KA 19-01042 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of a weapon. He ...

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Fourth Department – Statute of limitations: Broadway Warehouse Co. v. Buffalo Barn Board LLC

New York State Supreme Court, Appellate Division, Fourth Judicial Department Statute of limitations Tolling – Prior action dismissed Broadway Warehouse Co. v. Buffalo Barn Board LLC CA 20-00065 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...

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Fourth Department – Corroboration: People v. Baska

New York State Supreme Court, Appellate Division, Fourth Judicial Department Corroboration Sufficiency People v. Baska KA 20-01200 Appealed from Onondaga County Court  Background: The people appealed from an order that dismissed the indictment on the ground that the evidence before ...

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Fourth Department – Medical malpractice: Bellamy v. Baron, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Continuous treatment toll – Dental treatment Bellamy v. Baron, et al. CA 19-01874 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a medical malpractice action for ...

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Fourth Department – Adoption: Amos v. Erie County Dept. of Social Services

New York State Supreme Court, Appellate Division, Fourth Judicial Department Adoption Visitation – Notice father – Consent Amos v. Erie County Dept. of Social Services CAF 19-01246 Appealed from Family Court, Erie County Background: The petitioner, the biological father of ...

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Fourth Department – Divorce: Casilio v. Margulis

New York State Supreme Court, Appellate Division, Fourth Judicial Department Divorce Death – Abatement – Life insurance proceeds Casilio v. Margulis CA 20-00287 Appealed from Supreme Court, Niagara County Background: The plaintiff, an attorney, commenced an interpleader action as a ...

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Fourth Department – Medical malpractice: Zuzze v. Butler M.D.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Deviation from defense theory – No prejudice Zuzze v. Butler M.D. CA 19-01321 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for ...

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Fourth Department – Child neglect: Sufficiency of evidence Matter of David W.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Sufficiency of evidence Matter of David W. CAF 19-00356 Appealed from Family Court, Oneida County Background: The respondent father appealed from an order finding that he neglected one ...

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