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Fourth Department — Negligence: Schreiber v. University of Rochester Medical Center
Appellate Division, Fourth Department Negligence Proximate Cause Schreiber v. University of Rochester Medical Center CA 11-00742 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a medical malpractice action seeking damages for skin ulceration and resulting leg injury that he sustained after undergoing right ankle fusion surgery performed by the defendant. Following a [...]
Fourth Department — Construction Contract: The Oneida Indian Nation v. Hunt Construction Group Inc.
Appellate Division, Fourth Department Construction Contract Contractual Guaranteed Prices The Oneida Indian Nation v. Hunt Construction Group Inc. CA 11-00241 Appealed from Supreme Court, Onondaga County Background: The owner of Turning Stone Casino & Resort commenced an action seeking damages that resulted from an alleged breach of a construction contract. The plaintiff appealed from the [&he[...]
Fourth Department — Tax Exempt Status: New York Mills Redevelopment Co., et al. v. Town of Whitestown, et al.
Appellate Division, Fourth Department Tax Exempt Status Statute of Limitations — Actual Notice New York Mills Redevelopment Co., et al. v. Town of Whitestown, et al. CA 11-00277 Appealed from Supreme Court, Oneida County Background: The petitioners owned and operated a senior living facility located in the village of Whitestown. The petitioners challenged an increase […]
Fourth Department — Disclaiming Coverage: National Grange Mutual Insurance company v. Croyle Inc., et al.
Appellate Division, Fourth Department Disclaiming Coverage Notice National Grange Mutual Insurance company v. Croyle Inc., et al. CA 10-02487 Appealed from Supreme Court, Oneida County Background: The defendant Hoffert had commenced an underlying Labor Law negligence action against the defendant seeking damages for injuries he had sustained at a construction project. The plaintiff had disclaimed [[...]
Fourth Department — SORA: People v. Whyte
Appellate Division, Fourth Department SORA Downward Departure People v. Whyte KA 11-00110 Appealed from Ontario County Court Background: The defendant challenged his Level Two adjudication under the Sex Offender Registration Act. Under the Risk Assessment, the Board of Examiners had classified defendant as a Level One risk. County court agreed with the people that additional […]
Fourth Department — Debt Collection: LHR, Inc. v. T-Mobile USA Inc., et al.
Appellate Division, Fourth Department Debt Collection Personal Jurisdiction — Duty to Preserve Documents LHR, Inc. v. T-Mobile USA Inc., et al. CA 11-00535 Appealed from Supreme Court, Erie County Background: The plaintiff, a debt collection agency, commenced an action seeking damages resulting from the defendants’ alleged breach of contract and negligence with respect to the sales by [&hell[...]
Fourth Department — Photo Array: People v. Beaty
Appellate Division, Fourth Department Photo Array Joinder People v. Beaty KA 08-02633 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of several counts, including rape of one victim and burglary of another victim. The challenges on appeal included a photo array, severance and a jury instruction on intoxication. The victims viewed two […]
Fourth Department — Failure to Prosecute: Hilliard v. Highland Hospital, et al.
Appellate Division, Fourth Department Failure to Prosecute Condition Precedent — Demand for Note of Issue Hilliard v. Highland Hospital, et al. CA 10-01225 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a medical malpractice action alleging that he suffered injuries as a result of the defendant’s ongoing malpractice covering a 15-year span. In July […]
Fourth Department — Environmental Clean-up: Giambrone, et al. v. Grannis
Appellate Division, Fourth Department Environmental Clean-up Civil Penalty Giambrone, et al. v. Grannis TP 11-00377 Transferred from Supreme Court, Erie County Background: The petitioners commenced an Article 78 proceeding seeking to annul the determination of the Department of Environmental Conservation that imposed a civil penalty of $109,500 for the petitioner’s storage of hazardous waste. I[...]
Fourth Department — Neglect: In the matter of Damian G. and Madison G.
Appellate Division, Fourth Department Neglect Alcohol Related Incidents In the matter of Damian G. and Madison G. CAF 10-00960; CAF 10-01045 Appealed from Family Court, Oneida County Background: The parents appealed from a determination that their two children were neglected. Both parents argued that the evidence did not support the contention that they had been […]
Fourth Department — General Municipal Law: Wydra v. City of Rochester
Appellate Division, Fourth Department General Municipal Law Work Related Injury — Mental Illness Wydra v. City of Rochester TP 11-00163 Transferred from Supreme Court, Monroe County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination to discontinue the payment of benefits to her under section 8A-6 of the City of Rochester Charter […]
Fourth Department — Insurance Exclusion: Viscosi v. Preferred Mutual Insurance Company
Appellate Division, Fourth Department Insurance Exclusion Water Damage Viscosi v. Preferred Mutual Insurance Company CA 11-00508 Appealed from Supreme Court, Oneida County Background: The plaintiff brought an action alleging a breach of an insurance policy issued by the defendant. A building’s roof partially collapsed and had to be demolished on plaintiff’s property as a result […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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