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Tag Archives: Appellate Division

Fourth Department – Kalbfliesh v. McCann

Appellate Division, Fourth Department Motor Vehicle Accident Rear-End Collision – Sole Proximate Cause Kalbfliesh v. McCann CA 14-01218 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action seeking damages for injuries sustained when she was a passenger ...

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Fourth Department – Gallaway v. Town of North Collins, et al.

Appellate Division, Fourth Department – Motorcycle Accident – Traffic Control Device Proximate Cause – Roadway Conditions Gallaway v. Town of North Collins, et al. CA 14-02213 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after sustaining ...

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Fourth Department – Family Court Jurisdiction: Bretzinger v. Hatcher

Appellate Division, Fourth Department – Family Court Jurisdiction – Foreign Jurisdiction – Temporary Emergency Jurisdiction   Bretzinger v. Hatcher CAF 14-00951 Appealed from Family Court, Jefferson County   Background: Pursuant to a custody order issued by a Texas court, the petitioner father ...

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Fourth Department – Medicaid Reimbursement: Charles T. Sitrin Health Care Center, Inc. v. Commissioner of Health of State of New York

Appellate Division, Fourth Department – Medicaid Reimbursement – Capital Cost Component – Rate Freeze – Notice   Charles T. Sitrin Health Care Center, Inc. v. Commissioner of Health of State of New York CA 14-01989 Appealed from Supreme Court, Oneida County   ...

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Fourth Department – Professional Malpractice: Country Park Child Care v. SmartDesign Architecture

Appellate Division, Fourth Department – Professional Malpractice – Expert Testimony – Motion to Set Aside the Verdict   Country Park Child Care v. SmartDesign Architecture CA 14-01200 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action alleging professional ...

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Fourth Department – Motor Vehicle Accident: Courtney v. Hebeler

Appellate Division, Fourth Department – Motor Vehicle Accident – Serious Injury – Summary Judgment   Courtney v. Hebeler CA 15-00060 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action after sustaining injuries when the motor vehicle in which ...

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Fourth Department – FOIL: Bottom v. Fischer

Appellate Division, Fourth Department – FOIL – Attorney’s Fees – Substantially Prevail   Bottom v. Fischer CA 14-01994 Appealed from Supreme Court, Wyoming County   Background: The petitioner commenced an action seeking an order directing the respondent to comply with ...

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Fourth Department – Primary: Bouk v. Skaneateles Aerodrome, LLC

Appellate Division, Fourth Department – Primary Assumption of Risk – Airplane Takeoff   Bouk v. Skaneateles Aerodrome, LLC CA 14-01388 Appealed from Supreme Court, Cayuga County   Background: The plaintiff commenced an action to recover damages for both personal injuries ...

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Fourth Department – Custody/Visitation: Barone v. Chapman-Cleland

Appellate Division, Fourth Department – Custody/Visitation – Same-Sex Couple – Non-Biological Parent – Non-Adoptive Parent   Barone v. Chapman-Cleland CAF 14-01034 Appealed from Family Court, Chautauqua County   Background: The petitioner commenced an action seeking custody and visitation with the ...

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Fourth Department – Deposition: Black v. Athale, et al.

Appellate Division, Fourth Department – Deposition – Municipality – Material and Necessary Officers or Employees   Black v. Athale, et al. CA 14-01644 Appealed from Supreme Court, Erie County   Background: The plaintiffs’ decedent was injured in a one-vehicle accident ...

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