Please ensure Javascript is enabled for purposes of website accessibility
Home (page 201)

Tag Archives: Appellate Division

Municipal Liability: Hill v. Carpenter

Appellate Division, Third Department Municipal Liability Proximate Cause Hill v. Carpenter 508629 Appealed from Supreme Court, Montgomery County Background: The appeal is from an order that granted Montgomery County’s motion for summary judgment dismissing the complaint against it. The plaintiff ...

Read More »

Gratuitous Bailments: Santiago v. United Cerebral Palsy of Ulster County Inc.

Appellate Division, Third Department Gratuitous Bailments Santiago v. United Cerebral Palsy of Ulster County Inc. 509472 Appealed from Supreme Court, Ulster County Background: The appeal is from an order that denied the defendant’s motion for summary judgment dismissing the complaint. ...

Read More »

Real Property: Hostile Possession

Appellate Division, Third Department Real Property Easement by Prescription — Hostile Possession Chaner v. Calarco 507790 Appealed from Supreme Court, Columbia County Background: In 1974, plaintiff and Benjamin Autieri obtained title to a three-acre parcel in Columbia County and, over ...

Read More »

Easements: Lew Beach Co. v. Carlson

Appellate Division, Third Department Easements Lew Beach Co. v. Carlson 508547 Appealed from County Court, Sullivan County Background: The appeal is from a decision that, among other things, granted the plaintiff’s motion for summary judgment declaring it has a prescriptive ...

Read More »

Premises Liability: Merrill v. Elmira Heights Central School District

Appellate Division, Third Department Premises Liability Schools Merrill v. Elmira Heights Central School District 509599 Appealed from Supreme Court, Chemung County Background: The appeal is from a ruling that denied the defendant’s motion for summary judgment dismissing the complaint. The ...

Read More »

Workers’ Compensation: Matter of Proulx v. Burnett Process

Appellate Division, Third Department Workers’ Compensation Matter of Proulx v. Burnett Process 508835 Appealed from the Workers’ Compensation Board Background: This decision concerns appeals from four decisions of the Workers’ Compensation Board between May and August of 2009, which, among ...

Read More »

Workers’ Compensation: Matter of Smith v. Cornell University

Appellate Division, Third Department Workers’ Compensation Depression — Suicide Matter of Smith v. Cornell University 508834 Appealed from the Workers’ Compensation Board Background: This appeal is from a decision that the death of claimant’s decedent was causally related to his ...

Read More »

Unemployment Insurance: Matter of Wells v. Madison Consulting Inc.

Appellate Division, Third Department Unemployment Insurance Employer-Employee Relationship Matter of Wells v. Madison Consulting Inc. 506898 Appealed from the Unemployment Insurance Appeal Board Background: This appeal concerns two decisions of the Unemployment Insurance Appeal Board, which ruled that Madison Consulting ...

Read More »

Divorce: Richter v. Richter

Appellate Division, Fourth Department Divorce Purchase of Insurance — Pension Proceeds Richter v. Richter 1121 Appealed from Supreme Court, Onondaga County Background: The appeal is from a decision that equitably distributed the parties’ marital property. The defendant was directed to ...

Read More »

Municipal Planning: Matter of Ontario Heights Homeowners’ Association v. Town of Oswego Planning Board

Appellate Division, Fourth Department Municipal Planning Environmental Impact — Sewer System Matter of Ontario Heights Homeowners’ Association v. Town of Oswego Planning Board 1006 Article 78 Proceeding; Supreme Court, Oswego County Background: The supreme court dismissed the petition and the ...

Read More »