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Tag Archives: Appellate Division

Fourth Department – Toxic Tort: Abbo-Bradley v. City of Niagara Falls

Appellate Division, Fourth Department Toxic Tort Judicial Estoppel – Negligent Performance of CERCLA Remedy Abbo-Bradley v. City of Niagara Falls CA 14-02111 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action seeking to recover damages for injuries ...

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Fourth Department – Mortgage Foreclosure: First Franklin Financial Corporation v. Norton, et al.

Appellate Division, Fourth Department Mortgage Foreclosure Standing – Assignment First Franklin Financial Corporation v. Norton, et al. CA 14-00879 Appealed from Supreme Court, Chautauqua County Background: The plaintiff appealed from an order that dismissed the complaint against him and sua ...

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Fourth Department – Article 78: Briarwood Manor Property v. County of Niagara

Appellate Division, Fourth Department Article 78 Statute of Limitations – County Legislative Resolution Briarwood Manor Property v. County of Niagara CA 15-00411 Appealed from Supreme Court, Niagara County Background: The appeal involves the sale and conveyance of a former skilled ...

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Fourth Department – Termination of Parental Rights: Matter of Nadya S.

Appellate Division, Fourth Department Termination of Parental Rights Mental Illness – English Competency Matter of Nadya S. CAF 13-01349 Appealed from Family Court, Erie County Background: The petitioner commenced an action seeking to terminate the parental rights of the respondent ...

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Fourth Department – Home Equity Line of Credit: Wells Fargo Bank, N.A. v. Alessi

Appellate Division, Fourth Department Home Equity Line of Credit Contract Interpretation – Real Estate Appraisal Wells Fargo Bank, N.A. v. Alessi CA 14-01874 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action to collect the outstanding principal ...

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Fourth Department – Negligence: Potter v. Grage

Appellate Division, Fourth Department Negligence Breach of Warranty – Invisible Fence Installation Potter v. Grage CA 15-00598 Appealed from Supreme Court, Cayuga County Background: The plaintiff commenced an action seeking damages for injuries she sustained when she tripped over a ...

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Fourth Department – SUM Coverage: Redey v. Progressive Insurance Company

Appellate Division, Fourth Department SUM Coverage Bodily Injury Damages – Settlement of Underlying Case Redey v. Progressive Insurance Company CA 15-00555 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking supplementary uninsured/underinsured motorist benefits from the ...

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Fourth Department – Guardianship – Executor: Matter of the Estate of Peter L. Petti

Appellate Division, Fourth Department Guardianship – Executor Release – Accounting Matter of the Estate of Peter L. Petti CA 15-00659 Appealed from Surrogate’s Court, Ontario County Background: The petitioner commenced a proceeding in Surrogate’s Court seeking to compel an accounting ...

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Fourth Department – Unlawful Confinement: Moustakos v. State of New York

Appellate Division, Fourth Department Unlawful Confinement Inmate Disciplinary Proceeding – Violation of Due Process Moustakos v. State of New York CA 14-01922 Appealed from Court of Claims Background: The claimant commenced an action seeking damages for unlawful confinement after the ...

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Fourth Department – Parole Violation: Horace v. Annucci

Appellate Division, Fourth Department Parole Violation Plea Allocution – Severity of Offense Horace v. Annucci TP 15-00723 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an article 78 proceeding seeking to annul the determination revoking his parole release ...

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