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Appellate Division, Third Dept.

Breach of Contract: Keehle v. Diocese of Syracuse

Appellate Division, Third Department Breach of Contract Continuing Employment — Employment Benefits Keehle v. Diocese of Syracuse 510080 Appealed from Supreme Court, Broome County Background: The plaintiff began her employment as a teacher for defendant Diocese of Syracuse in 2004 ...

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Double Jeopardy: People v. Wystozaly

Appellate Division, Third Department Double Jeopardy Prosecutorial Withdrawal of Accepted Plea Offer People v. Wystozaly 103096 Appealed from Supreme Court, Otsego County Background: Following his April 2008 arrest, the defendant was charged by felony complaint with driving while intoxicated. When ...

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Premises Liability: Black v. Kohl’s Department Stores Inc.

Appellate Division, Third Department Premises Liability Department Stores — Customer-Misplaced Items Black v. Kohl’s Department Stores Inc. 509775 Appealed from Supreme Court, Albany County Background: The plaintiff commenced this personal injury action after tripping and falling in the defendant’s store. ...

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Workers’ Compensation: Matter of Maw v. Wal-Mart

Appellate Division, Third Department   Workers’ Compensation Future Wage Expectancy Matter of Maw v. Wal-Mart 508962 Appealed from the Workers’ Compensation Board Background: This appeal is from a decision which established claimant’s wage expectancy adjustment at $450 per week. In ...

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Divorce: Coloney v. Coloney

Appellate Division, Third Department   Divorce Distribution — Marital Proceeds Coloney v. Coloney 509637 Appealed from Supreme Court, Fulton County Background: The plaintiff and defendant were married in June 1972. In 1989, the parties entered into a written separation agreement ...

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Civil Service: Matter of Hofmann v. New York State Comptroller

Appellate Division, Third Department Civil Service Disability Retirement Benefits Matter of Hofmann v. New York State Comptroller 510283 Article 78 Proceeding; Supreme Court, Albany County Background: The petitioner, a correction officer, was injured while attempting to break up a fight ...

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Negligence: Vichot v. Day

Appellate Division, Third Department Negligence Domestic Animals — Propensity for Dangerous Behavior Vichot v. Day 509920 Appealed from Supreme Court, Clinton County Background: The plaintiff was driving on a public highway when her vehicle collided with a horse owned by ...

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Venue: Matter of Supplier Distribution Concepts Inc. and MDR Custom Components LLC

Appellate Division, Third Department Venue Judicial Dissolutions — Corporations Matter of Supplier Distribution Concepts Inc. and MDR Custom Components LLC 510281 Appealed from Supreme Court, Broome County Background: The petitioner commenced this proceeding in supreme court in Broome County seeking ...

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Mechanic’s Lien: Matter of Toyota Motor Credit Corporation v. Impressive Auto Center Inc.

Appellate Division, Third Department Mechanic’s Lien Necessary Evidence for Lien Matter of Toyota Motor Credit Corporation v. Impressive Auto Center Inc. 510181 Lien Law §201-a Proceeding; Supreme Court, Albany County Background: In November 2008, respondent Impressive Auto Center Inc., a ...

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Wills: Matter of Walker

Appellate Division, Third Department Wills Undue Influence — Improper Execution Matter of Walker 510185 Appealed from Surrogate’s Court, Delaware County Background: The decedent died in June 2009 survived by her son, respondent and her great-grandson, Anthony D. Walker. In an ...

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Workers’ Compensation: Cardone v. Interstate Drywall

Appellate Division, Third Department Workers’ Compensation Course of Employment — Fixed Work Sites Cardone v. Interstate Drywall 507250 Appealed from the Workers’ Compensation Board Background: The claimant, a carpenter, sought workers’ compensation benefits for injuries he sustained in a motor ...

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