NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right of first refusal Real property sale – Tenants in common – Contract interpretation Tuminno v. Waite, et al. CA 18-00120 Appealed from Supreme Court, Chautauqua County Background: In an ...
Read More »Home / Case Digests (page 30) /
Fourth Department – Medical malpractice: Dickinson v. Bassett Healthcare, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Vicarious liability – Question of fact – Deviation from the standard of care Dickinson v. Bassett Healthcare, et al. CA 18-01107 Appealed from Supreme Court, Herkimer County Background: ...
Read More »Fourth Department – Malicious prosecution: Bratge v. Simons, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Malicious prosecution Probable cause – Denial by the accused – Testimony of a minor Bratge v. Simons, et al. CA 18-01141 Appealed from Supreme Court, Oneida County Background: The plaintiff ...
Read More »Fourth Department – Supplemental disability benefits: Tomassi v. City of Buffalo
New York State Supreme Court, Appellate Division, Fourth Judicial Department Supplemental disability benefits Firefighter – Mandatory retirement age – Amendment Tomassi v. City of Buffalo CA 18-01482 Appealed from Supreme Court, Erie County Background: The petitioner is a former firefighter ...
Read More »Court of Appeals – Rent Stabilization Law: Kuzmich, et al. v. 50 Murray Street Acquisition LLC West, et al. v. NCRE-90 West Street LLC
New York State Court of Appeals Rent Stabilization Law Luxury deregulation – Real Property Tax Law Kuzmich, et al. v. 50 Murray Street Acquisition LLC West, et al. v. NCRE-90 West Street LLC Nos. 50 & 51 Judge Stein Background: ...
Read More »Second Circuit – Immigration Law: Yan Yang v. Barr
United States Court of Appeals for the Second Circuit Immigration Law Asylum – Late filing – Changed circumstances Yan Yang v. Barr 16-3478-ag Judges Pooler, Wesley, and Lohier Background: The petitioner appeals from a decision by the Board of Immigration ...
Read More »Court of Appeals – Professional service corporation: Andrew Carothers, MD v. Progressive Insurance Co.
New York State Court of Appeals Professional service corporation Non-physician control – Withholding medical payments – Fraud Andrew Carothers, MD v. Progressive Insurance Co. No. 39 Judges Fahey Background: The plaintiff is a professional service corporation which was formed by ...
Read More »Fourth Department – Certificate of readiness: Backer & Associates v. PPB Engineering & Systems Design
New York State Supreme Court, Appellate Division, Fourth Judicial Department Certificate of readiness Incomplete discovery – Protective order – Confidentiality stipulation Backer & Associates v. PPB Engineering & Systems Design CA 18-01601 Appealed from Supreme Court, Monroe County Background: The ...
Read More »Fourth Department – Slip and fall: Barber v. Sorce, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Storm in progress doctrine – Appreciable precipitation Barber v. Sorce, et al. CA 18-02063 Appealed from Supreme Court, Genesee County Background: The plaintiff commenced an action for ...
Read More »Fourth Department – Designating petitions: McNiel v. Martin, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Designating petitions Residency – Intent to make permanent home – Renovations McNiel v. Martin, et al. CAE 19-00955 Appealed from Supreme Court, Oneida County Background: The petitioner commenced a proceeding ...
Read More »Fourth Department – Child neglect: Matter of Heavenly A.
New York State Supreme Court, appellate Division, Fourth Judicial Department Child neglect Legally responsible for child care – Share in responsibilities – Partner of parent Matter of Heavenly A. CAF 17-01464 Appealed from Family Court, Onondaga County Background: The respondent ...
Read More »Fourth Department – Dog bite: Toher v. Duchnycz
New York State Supreme Court, Appellate Division, Fourth Judicial Department Dog bite Landlord-tenant – Knowledge of vicious propensities Toher v. Duchnycz CA 18-02064 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced an action seeking damages for injuries she ...
Read More »