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Tag Archives: Appellate Division

Fourth Department – Bill of Particulars: Stewart v. Dunkleman

Appellate Division, Fourth Department – Bill of Particulars – Leave to Amend – Notice of Issue   Stewart v. Dunkleman CA 14-01426 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages for injuries sustained ...

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Fourth Department – Fraudulent Inducement: Violet Realty v. Gerster Sales & Service

Appellate Division, Fourth Department – Fraudulent Inducement – Predictive Estimates   Violet Realty v. Gerster Sales & Service CA 14-01334 Appealed from Supreme Court, Erie County   Background: The parties entered into a contract wherein the defendant sold and installed ...

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Fourth Department – Breach of Contract: Rich v. Orlando

Appellate Division, Fourth Department – Breach of Contract – Statute of Limitations – Equitable Estoppel   Rich v. Orlando CA 14-01722 Appealed from Supreme Court, Oneida County   Background: The plaintiff commenced a breach of contract action to recover the ...

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Fourth Department – Three-Vehicle Collision: Saraf v. Smith

Appellate Division, Fourth Department – Three-Vehicle Collision – Jury Verdict   Saraf v. Smith CA 14-02073 Appealed from Supreme Court, Niagara County   Background: The plaintiff commenced an action after she sustained injuries in a three-vehicle accident. The accident occurred ...

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Fourth Department – Sledding: Savage v. Brown, et al.

Appellate Division, Fourth Department – Sledding – Assumption of Risk   Savage v. Brown, et al. CA 14-01705 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action for damages after she was struck in the legs ...

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Fourth Department – Legal Malpractice: Melnick v. Farrell, et al.

Appellate Division, Fourth Department – Legal Malpractice – Contract Provision   Melnick v. Farrell, et al. CA 14-02068 Appealed from Supreme Court, Oneida County   Background: The plaintiffs commenced a legal malpractice action alleging that the defendants were negligent with respect to ...

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Fourth Department – Article 78: Pitts v. NYS Office of Children and Family Services

Appellate Division, Fourth Department – Article 78 – Child Maltreatment – Hearsay Evidence   Pitts v. NYS Office of Children and Family Services TP 14-01876 Transferred from Supreme Court, Onondaga County   Background: The petitioner commenced an article 78 proceeding to review ...

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Fourth Department – Child Custody: Jacobson v. Wilkinson

Appellate Division, Fourth Department – Child Custody – Domestic Violence   Jacobson v. Wilkinson CAF 14-01382 Appealed from Family Court, Erie County   Background: The petitioner mother appealed from an order that granted the parties joint custody of their child, ...

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Fourth Department – Lead Paint: Johnson v. Giles

Appellate Division, Fourth Department – Lead Paint – Construction or Actual Notice   Johnson v. Giles CA 14-01590 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action seeking damages for injuries allegedly sustained by her infant ...

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Fourth Department – Parental Rights: Matter of Davianna L.

Appellate Division, Fourth Department – Parental Rights – Termination – Incarceration   Matter of Davianna L. CAF 14-00178 Appealed from Family Court, Monroe County   Background: The respondent father appealed from an order that terminated his parental rights on the ...

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