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Case Digests

Fourth Department – Mortgage foreclosure: U.S. Bank v. Reamer, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Mortgage foreclosure Default judgment – Entry of judgment – Abandoned U.S. Bank v. Reamer, et al. CA 19-01243 Appealed from Supreme Court, Steuben County Background: The plaintiff appealed from an ...

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Second Circuit – Due process: Frost v. NYC Police Dept.

United States Court of Appeals for the Second Circuit Due process Summary judgment – Witness credibility – Excessive force Frost v. NYC Police Dept. 19-1163 Judges Kearse, Katzmann, and Bianco Background: The plaintiff was arrested and charged with murder in ...

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Fourth Department – Huntley hearing: People v. Smith

New York State Supreme Court, Appellate Division Fourth Judicial Department Huntley hearing Full record – Lesser included offenses People v. Smith KA 19-01615 Appealed from Monroe County Court Background: The defendant appealed from his conviction of numerous counts of robbery ...

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Fourth Department – Labor Law: Shaw v. Scepter, Inc.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Application of gravity – Delivery of equipment to construction site Shaw v. Scepter, Inc. CA 19-02232 Appealed from Supreme Court, Seneca County Background: The plaintiff commenced an action ...

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Fourth Department – Asbestos litigation: Stock v. Air & Liquid Systems Corp.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Asbestos litigation Specific causation – Expert’s testimony – Loss of future household services Stock v. Air & Liquid Systems Corp. CA 19-01975 Appealed from Supreme Court, Erie County Background: The ...

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Fourth Department – Sua sponte dismissal: Roesch v. State of New York

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sua sponte dismissal No cause of action Roesch v. State of New York CA 19-00873 Appealed from Supreme Court, Oneida County Background: The petitioner is a resident at a psychiatric ...

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Fourth Department – Forum non conveniens: Piesker v. Price Leasing Corp.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Forum non conveniens Location of witnesses – Ability to testify Piesker v. Price Leasing Corp. CA 19-01036 Appealed from Supreme Court, Erie County Background: The plaintiff was injured in a ...

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Second Circuit – Sentencing guidelines: United States v. Ramos

United States Court of Appeals for the Second Circuit Sentencing Guidelines enhancements Recidivism enhancement – State law enhancement United States v. Ramos 19-4373 Judges Lynch, Sullivan, and Park  Background: The appellant challenges her two-year sentence following a violation of supervised ...

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Fourth Department – Murder: People v. Quick

New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder Lesser included offense – Ineffective assistance of counsel – All-or-nothing defense People v. Quick KA 15-00980 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction ...

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Fourth Department – Jury selection: People v. McKenzie-Smith

New York State Supreme Court, Appellate Division, Fourth Judicial Department Jury selection Right to be present – Sidebar – Affirmative waiver People v. McKenzie-Smith KA 14-02245 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of ...

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Second Circuit – COVID-19: Agudath Israel of America; The Roman Catholic Diocese v. Cuomo

United States Court of Appeals for the Second Circuit COVID-19 Injunction pending appeal – First Amendment Agudath Israel of America; The Roman Catholic Diocese v. Cuomo 20-3572; 20-3590 Judge Lohier, Park, and Rakoff Background: The appeals arise from the ongoing ...

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Fourth Department – Acquittal: Perez v. Annucci

New York State Supreme Court, Appellate Division, Fourth Judicial Department Acquittal Administrative proceeding – Criminal proceeding Perez v. Annucci CA 19-01190 Appealed from Supreme Court, Wyoming County Background: The petitioner commenced an article 78 proceeding seeking to annul the determination ...

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