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Tag Archives: Appellate Division

Fourth Department – Lead Paint: Hamilton v. Miller, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department – Lead Paint – Actual and Constructive Notice – Negligent Abatement Hamilton v. Miller, et al. CA 14-01142 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an ...

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Fourth Department – Animal Seizure: Gonzalez v. Royalton Equine Veterinary Services, et al.

Appellate Division, Fourth Department – Animal Seizure – Replevin – Lien Law – Forfeiture Action   Gonzalez v. Royalton Equine Veterinary Services, et al. CA 14-01289 Appealed from Niagara County Court   Background: In 2009, one of the defendants allegedly ...

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Fourth Department – Custody: Gilman v. Gilman

Appellate Division, Fourth Judicial Department – Custody – Medication – Child’s Anger Management Issues – Protective Services   Gilman v. Gilman CAF 14-00690 Appealed from Family Court, Steuben County   Background: The father appealed from an order granting the mother ...

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Fourth Department – Malpractice Insurance: Constantine v. Stella Maris Insurance Company, et al.

Appellate Division, Fourth Department – Malpractice Insurance – Covered Persons – Timeliness   Constantine v. Stella Maris Insurance Company, et al. CA 14-01751 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking a declaration that he is ...

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Fourth Department – Negligence Duty of Care: Filer v. Keystone Corporation

Appellate Division, Fourth Department – Negligence Duty of Care – Packaging and Distribution – Warnings – Special Employee   Filer v. Keystone Corporation CA 14-01446 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action after he sustained injuries ...

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Fourth Department – Chamberlain v. Mac Trailer Manufacturing

Appellate Division, Fourth Department Products Liability Design Defect – Expert Affidavit Chamberlain v. Mac Trailer Manufacturing CA 14-00908 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action after sustaining injuries while opening the back door of a ...

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Fourth Department – Guilty Plea: People v. Kelly

Appellate Division, Fourth Department – Guilty Plea – Enhanced Sentence People v. Kelly KA 13-0885 Appealed from Niagara County Court Background: The defendant pleaded guilty to criminal possession of a controlled substance third degree. The judge imposed a higher sentence ...

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Fourth Department – Double Jeopardy: Case v. Sedita

Appellate Division, Fourth Department – Double Jeopardy – Article 78   Case v. Sedita OP 14-01594 Transferred to Fourth Judicial Department   Background: The petitioner commenced an article 78 proceeding seeking to prohibit his prosecution in Erie County on an ...

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Fourth Department – Promissory Estoppel: Zuley v. Elizabeth Wende Breast Care, et al.

Appellate Division, Fourth Department – Promissory Estoppel – Unambiguous Promise – Unjust Enrichment   Zuley v. Elizabeth Wende Breast Care, et al. CA 14-01129 Appealed from Supreme Court, Monroe County   Background: The plaintiff, a former employee of the defendant ...

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Fourth Department – Negligence: Weierheiser v. McCann’s Inc.

Appellate Division, Fourth Department – Negligence – Assumption of Risk – Type of Activity   Weierheiser v. McCann’s Inc. CA 14-01684 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action after he sustained injuries while using an entertainment ...

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