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1st degree reckless endangerment charge reduced (7965)

A Monroe County Court judge reduced a Reckless Endangerment in the First Degree to Reckless Endangerment in the Second Degree because the evidence provided against the defendant was insufficient to support the charge.In the People v. Marc Filotas, Monroe County ...

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Rochester Legal Briefs: March 1, 2001 (7966)

Indictment; Dismissal Where this court has reviewed the stenographic record of the Grand Jury proceedings, there was no defect in that proceeding, and the jury was fully charged with respect to the principles of law governing Criminal Possession of a ...

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Village granted summary judgment in liability case

Granting the defendant’s motion for summary judgment, State Supreme Court Judge Raymond E. Cornelius found that Police Chief Schneider and the Village of Caledonia were not liable for misconduct where their actions constituted an exercise of discretion, immune from tortious ...

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1st degree reckless endangerment charge reduced

A Monroe County Court judge reduced a Reckless Endangerment in the First Degree to Reckless Endangerment in the Second Degree because the evidence provided against the defendant was insufficient to support the charge.In the People v. Marc Filotas, Monroe County ...

Read More »

Rochester Legal Briefs: March 1, 2001

Indictment; Dismissal Where this court has reviewed the stenographic record of the Grand Jury proceedings, there was no defect in that proceeding, and the jury was fully charged with respect to the principles of law governing Criminal Possession of a ...

Read More »

Accounting firm not liable for client's negligence (7953)

The Court of Appeals was called upon to examine the liability of an accounting firm to a non-privy third party for misrepresentations in the case of Securities Investor Protection Corp. and James W. Giddens, as trustee for the liquidation of ...

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Motion to dismiss alcohol-death civil suit denied (7962)

As administrators of the estate of Joseph L. Kingsbury, Louis and Joann Kingsbury filed a civil action against the hosts of a graduation party, the Village of Avon, the Village of Avon Police Department, and Police Officer Michael Miller, alleging ...

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Accounting firm not liable for client's negligence

The Court of Appeals was called upon to examine the liability of an accounting firm to a non-privy third party for misrepresentations in the case of Securities Investor Protection Corp. and James W. Giddens, as trustee for the liquidation of ...

Read More »

Motion to dismiss alcohol-death civil suit denied

As administrators of the estate of Joseph L. Kingsbury, Louis and Joann Kingsbury filed a civil action against the hosts of a graduation party, the Village of Avon, the Village of Avon Police Department, and Police Officer Michael Miller, alleging ...

Read More »

Supreme Court dismisses fraud-on-the-FDA claims (7949)

Reversing a decision by the U.S. Court of Appeals for the Third Circuit (159 F.3d 817), the U.S. Supreme Court’s February 21 decision concluded that plaintiffs’ fraud-on-the-FDA claims were pre-empted by federal regulation. Buckman Company vs. Plaintiffs’ Legal Committee, No. ...

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Court claims no authority in judicial conduct case (7951)

That is the Court of Appeals role in reviewing a determination of the New York State Commission on Judicial Conduct≠ Does the court have the authority to review a determination and remand the case to the Commission if new evidence ...

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Supreme Court dismisses fraud-on-the-FDA claims

Reversing a decision by the U.S. Court of Appeals for the Third Circuit (159 F.3d 817), the U.S. Supreme Court’s February 21 decision concluded that plaintiffs’ fraud-on-the-FDA claims were pre-empted by federal regulation. Buckman Company vs. Plaintiffs’ Legal Committee, No. ...

Read More »