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Supreme Court

Irondequoit man with COVID-19 seeks court order for medication

An Irondequoit man hospitalized with COVID-19 is seeking a court order that would require doctors at Unity Hospital to administer medication outside of normal treatment protocol for the virus. Michael Gangemi, 63, wants to be treated with two prescription medications, Ivermectin ...

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Monroe County – Special Permit: Friends of Pittsford Village v. Village of Pittsford, et al.

Supreme Court, Monroe County Special Permit Local Law Compliance and Review – Arbitrary and Capricious Friends of Pittsford Village v. Village of Pittsford, et al. 2012/13778 Judge Ark Background: The petitioner commenced an article 78 proceeding challenging the 2012 approval ...

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Supreme Court, Monroe County – Attorney’s Fees: Gallman v. T.D.M.S. LLC

Supreme Court, Monroe County – Attorney’s Fees – Reasonableness – Padding – Excessive   Gallman v. T.D.M.S. LLC 2011/14794 Judge Fisher   Background: The plaintiff brought an action of foreclosure and sale concerning commercial property in Spencerport. The plaintiff’s application was granted ...

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Decision of Interest: Supreme Court, Monroe County — Same Sex Marriage — Child Custody: Wendy G-M v. Erin G-M

Supreme Court, Monroe County Same Sex Marriage — Child Custody Artificial Insemination — Non-Biological Parent Wendy G-M v. Erin G-M 13-13669 Judge Dollinger Background: At issue in the underlying divorce action, the court was required to determine whether a parent ...

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Supreme Court, Monroe County — Subcontractor: Kovalky-Carr Electric Supply Co., Inc. v. Hartford Casualty Insurance Company and EastCoast Electric LLC

Supreme Court, Monroe County Subcontractor Pay-when-Paid — Void as Against Public Policy Kovalky-Carr Electric Supply Co., Inc. v. Hartford Casualty Insurance Company and EastCoast Electric LLC 2013-06465 Judge Rosenbaum Background: The defendant is the general contractor for a project at ...

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Decision of Interest: Supreme Court, Monroe County — Alternative Service Divorce: McKeown v. Frederick

NYS Supreme Court, Monroe County Alternative Service Divorce Constructive Trust — Marital Residence McKeown v. Frederick 12/5505 Judge Dollinger Background: In this divorce action, at issue is whether an alleged promise by a spouse, prior to marriage, created rights and responsibilities ...

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Supreme Court, Monroe County — Not for Profit Law — Elections: Buholtz v. Rochester Philharmonic Orchestra Inc.

Supreme Court, Monroe County Not for Profit Law — Elections Write in Candidates — By-laws Buholtz v. Rochester Philharmonic Orchestra Inc. 2013/01909 Judge Fischer Background: The petitioner, a member of the Rochester Philharmonic Orchestra, commenced a proceeding pursuant to Section ...

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SUPREME COURT, MONROE COUNTY – Provisions Excluding Claims to Arbitration :Greece Central School District v. Custom Energy LLC

SUPREME COURT, MONROE COUNTY Arbitration Provisions Excluding Claims to Arbitration Greece Central School District v. Custom Energy LLC 2012/4905 Justice Rosenbaum Background: The parties had entered into an energy management agreement by which energy conservation equipment would be purchased, installed ...

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Supreme Court, Monroe County — Ineffective Assistance of Counsel: People v. McNeil

Supreme Court, Monroe County Ineffective Assistance of Counsel Alibi Defense People v. McNeil 05-0965 Justice Affronti Background: Following a jury trial, the defendant was found guilty of two counts of assault and criminal possession of a weapon. The defendant sought an ...

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Supreme Court, Monroe County — Expert Witness: People v. Norstrand

Supreme Court, Monroe County Expert Witness Eyewitness Identification People v. Norstrand 2011-0262 Justice Valentino Background: The defendant was charged with leaving the scene of an accident that resulted in a death, as well as falsely reporting the incident in connection ...

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Supreme Court, Monroe County — Prejudgment Interest: Lehning v. Lehning

Supreme Court, Monroe County Prejudgment Interest Maintenance Awards Lehning v. Lehning 2008/17596 Justice Dollinger Background: Both parties had brought motions regarding a consent order requiring the husband to pay maintenance. The maintenance order was dated 2009 and the husband owed ...

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