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New York State Supreme Court, Appellate Division, Fourth Judicial Department Preliminary injunction Irreparable injury – Notice of pendency Landco H&L Inc. v. 377 Main Reality Inc., et al. CA 20-01269 Appealed from Supreme Court, Erie County Background: The plaintiff was ...
Read More »Fourth Department – Incompetency: People v. Garcia
New York State Supreme Court, Appellate Division, Fourth Judicial Department Incompetency Presumption of competence – Court’s obligation People v. Garcia KA 17-01321 Appealed from Monroe County Court Background: The defendant was convicted of two counts of murder and attempted murder. ...
Read More »Fourth Department – Suppression: People v. Dubois
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Clarification question – Custody People v. Dubois KA 19-01904 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of arson and four counts of murder related ...
Read More »Fourth Department – Negligence: Destino v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Apportionment – Emergency doctrine Destino v. State of New York CA 21-00004 Appealed from Court of Claims Background: The claimant commenced an action seeking damages for injuries sustained when ...
Read More »Fourth Department – Murder: People v. Clay
New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder Justification People v. Clay KA 18-02091 Appealed from Monroe County Court Background: The defendant appealed from his conviction of murder. He argues the court erred in refusing to consider ...
Read More »Fourth Department – DNA evidence: People v. Bullard-Daniel
New York State Supreme Court, Appellate Division, Fourth Judicial Department DNA evidence Frye hearing – DNA Subcommittee approval People v. Bullard-Daniel KA 16-02257 Appealed from Niagara County Court Background: The defendant appealed from his conviction of predatory sexual assault and ...
Read More »Fourth Department – Discontinuance: Alston v. Divine Brothers Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Discontinuance With prejudice – Consequences of adverse order Alston v. Divine Brothers Co. CA 21-00257 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action to recover damages ...
Read More »Fourth Department – Attempted aggravated murder: People v. Youngblood Jr.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Attempted aggravated murder Inferred intent People v. Youngblood Jr. KA 16-02194 Appealed from Monroe County Court Background: The defendant appealed from his conviction of attempted aggravated murder and unlawful imprisonment. ...
Read More »Fourth Department – Negligent retention: Tucker v. Kalos Health
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent retention Propensity for injurious conduct – Knew or should have known Tucker v. Kalos Health CA 20-01354 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action ...
Read More »Fourth Department – Mootness doctrine: Welikson v. Superintendent Groveland Correctional Facility
New York State Supreme Court, Appellate Division, Fourth Judicial Department Mootness doctrine Immigration enforcement detainer – Supervised release Welikson v. Superintendent Groveland Correctional Facility KAH 20-01014 Appealed from Supreme Court, Livingston County Background: The petitioner commenced a habeas corpus proceeding ...
Read More »Fourth Department – Indemnification: Technology Insurance Co. v. Main Street America Assurance Co., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Indemnification Policy terms – Underlying cause of action Technology Insurance Co. v. Main Street America Assurance Co., et al. CA 20-01216 Appealed from Supreme Court, Erie County Background: The plaintiff ...
Read More »Fourth Department – Arbitration: Matter of town of Amherst and CSEA Local 1000 AFSCME
New York State Supreme Court, Appellate Division, Fourth Judicial Department Arbitration Party to arbitration – Timeliness of grievance – Issue of arbitrator Matter of town of Amherst and CSEA Local 1000 AFSCME CA 20-01495 Appealed from Supreme Court, Erie County ...
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