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Tag Archives: Appellate Division

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 ...

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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 ...

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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 ...

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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. ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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