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Tag Archives: Appellate Division

Fourth Department – Motor Vehicle Accident: Rose v. Leberth

Appellate Division, Fourth Department – Motor Vehicle Accident – Right-of-way   Rose v. Leberth CA 14-01456 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced a motor vehicle accident seeking damages for injuries she sustained when her vehicle ...

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Fourth Department – Legal Malpractice: Rich Products Corporation v. Kenyon & Kenyon

Appellate Division, Fourth Department – Legal Malpractice – Patent Law – Retroactive Change in Law   Rich Products Corporation v. Kenyon & Kenyon CA 14-01999 Appealed from Supreme Court, Erie County   Background: The plaintiff retained the defendant to file and prosecute ...

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Fourth Department – Contract Interpretation: P&B Capital Group v. RAB Performance Recoveries, et al.

Appellate Division, Fourth Department – Contract Interpretation – Parole Evidence – Transfer of Title – Agency Agreement   P&B Capital Group v. RAB Performance Recoveries, et al. CA 14-01927 Appealed from Supreme Court, Erie County   Background: The plaintiffs appealed ...

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Fourth Department – Motor Vehicle Accident: Kurtz v. Poirier

Appellate Division, Fourth Department – Motor Vehicle Accident – Pedestrian – Weight of the Evidence   Kurtz v. Poirier CA 14-01155 Appealed from Supreme Court, Onondaga County   Background: The plaintiff commenced a negligence action seeking damages for injuries sustained ...

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Fourth Department – Manford v. Wilber

Appellate Division, Fourth Department Lead Paint Exposure Negligent Abatement – Actual or Constructive Knowledge Manford v. Wilber CA 14-01788 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action seeking damages arising from her exposure to lead paint ...

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Fourth Department – Disclosure: Lalka v. ACA Insurance Company

Appellate Division, Fourth Department – Disclosure – In Camera Review – Usual Course of Business   Lalka v. ACA Insurance Company CA 14-02000 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action to recover supplementary underinsured motorist coverage ...

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Fourth Department – Wrongful Death: Kemper Independence Insurance Company v. Lenor Ellis, et al.

Appellate Division, Fourth Department – Wrongful Death – Indemnification – Policy Exclusions   Kemper Independence Insurance Company v. Lenor Ellis, et al. CA 14-01957 Appealed from Supreme Court, Onondaga County   Background: The defendant, as administratrix of the estate of ...

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Fourth Department – Default Judgment: Cary v. Cimino

Appellate Division, Fourth Department – Default Judgment – Personal Knowledge – Verified Complaint   Cary v. Cimino CA 14-01496 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action after his daughter sustained injuries involving a vehicle ...

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