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Fourth Department — Late Notice of Claim: Doe v. North Tonawanda Central School District
Appellate Division, Fourth Department Late Notice of Claim Infancy Doe v. North Tonawanda Central School District CA 11-00699 Appealed from Supreme Court, Niagara County Background: The claimant sought leave to serve a late notice of claim upon the respondent. The claim sought damages from the respondent for injuries sustained by claimant as the result of […]
Fourth Department — Breach of Contract: Crane-Hogan Structural Systems Inc. v. State of New York
Appellate Division, Fourth Department Breach of Contract Force Account Crane-Hogan Structural Systems Inc. v. State of New York CA 10-02278 Appealed from Court of Claims Background: The claimant had brought an action seeking damages for the defendant’s breach of a construction contract. The defendant had contracted with the claimant to rehabilitate the Veterans Memorial Bridge. […]
Fourth Department — Open and Obvious Risk: Bevan v. Murray, et al.
Appellate Division, Fourth Department Open and Obvious Risk Inference of Cause Bevan v. Murray, et al. CA 11-00639 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced the action seeking damages for injuries she had sustained when she fell and struck her head on an unfinished deck at the house of the defendants. The […]
Fourth Department — Setting Aside a Verdict: Todd v. PLSIII LLC, et al.
Appellate Division, Fourth Department Setting Aside a Verdict Standard Todd v. PLSIII LLC, et al. CA 11-00712 Appealed from Supreme Court, Niagara County Background: The plaintiff, Todd, was a passenger in a vehicle driven by Hasley, a defendant and plaintiff. The vehicle driven by Hasley was in an accident with a vehicle owned by PLSIII. […]
Fourth Department — Adoption: In the Matter of Jose T.
Appellate Division, Fourth Department Adoption Permanency Placement Goal — Alternative Planned Living Arrangement In the Matter of Jose T. CAF 11-00371 Appealed from Family Court, Erie County Background: The attorney for the child appealed from an order contending that the family court erred in determining that continuing the permanency goal of placement for adoption for […]
Fourth Department — Recreational Use Statute: Sabia v. Niagara Mohawk Power Corporation, et al.
Appellate Division, Fourth Department Recreational Use Statute Condition of the Property Sabia v. Niagara Mohawk Power Corporation, et al. CA 11-00172 Appealed from Supreme Court, Erie County Background: The plaintiff decedent was killed while operating a snowmobile on a trail maintained by the defendant Northern Erie Sno-Seekers Inc. on property owned by the defendant Niagara […]
Fourth Department — Default Judgment: Garber & Associates v. Zuber, et al.
Appellate Division, Fourth Department Default Judgment Out-of-State Court Garber & Associates v. Zuber, et al. CA 10-02518 Appealed from Supreme Court, Monroe County Background: The plaintiff had commenced an action to enforce a California judgment upon the default of the defendant. The plaintiff’s motion for summary judgment was granted by the court and the defendant […]
Fourth Department — Sex Offender Status: State of New York v. Blair
Appellate Division, Fourth Department Sex Offender Status Expert Testimony State of New York v. Blair CA 10-01692 Appealed from Supreme Court, Allegany County Background: The respondent appealed from an order determining that he was a dangerous sex offender requiring confinement and committing him to a secure treatment facility. The respondent argued that the court erred […]
Fourth Department — Premise Liability: Starr v. Holes
Appellate Division, Fourth Department Premise Liability Landlord’s Duty to Repair Starr v. Holes CA 11-00644 Appealed from Supreme Court, Cattaraugus County Background: The plaintiff brought this action on behalf of his daughter for injuries she sustained when she fell into a basin of scalding hot water. The basin had been placed on a grate covering […]
Fourth Department — Medical Testimony: Seawright v. Crooks and Rambo Jr.
Appellate Division, Fourth Department Medical Testimony Non-Testifying Professionals Seawright v. Crooks and Rambo Jr. CA 11-00036 Appealed from Supreme Court, Monroe County Background: The plaintiff brought an action seeking damages for injuries he sustained while a passenger in a vehicle that rear-ended another vehicle. The plaintiff was a passenger in a vehicle operated by one […]
Fourth Department — Education Law: Scro v. Board of Education of Jordan-Elbridge Central School Dist., et al.
Appellate Division, Fourth Department Education Law At-Will Employees Scro v. Board of Education of Jordan-Elbridge Central School Dist., et al. CA 11-00781 Appealed from Supreme Court, Onondaga County Background: The petitioner commenced an Article 78 proceeding alleging that the respondents violated his due process rights when his employment as a school district treasurer was terminated. [&helli[...]
Fourth Department — Contract Interpretation: O’Brien & Gere Limited, et al. v. Nextgen Chemical Processess Inc., et al.
Appellate Division, Fourth Department Contract Interpretation Service Agreement O’Brien & Gere Limited, et al. v. Nextgen Chemical Processess Inc., et al. CA 11-00776 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced an action seeking damages resulting from the defendants’ breach of a services agreement, pursuant to which the plaintiffs were to install proce[...]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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