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Tag Archives: Appellate Division

Fourth Department – Assumption of Risk: Litz v. Clinton Central School District, et al.

Appellate Division, Fourth Department – Assumption of Risk – Sports – Locker Room Injury – Purpose of Doctrine   Litz v. Clinton Central School District, et al. CA 14-01215 Appealed from Supreme Court, Oneida County   Background: The plaintiff commenced ...

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Fourth Department – Specific Performance: Irakoze v. Sambuco

Appellate Division, Fourth Department – Specific Performance – Oral Modification – Objective Evidence   Irakoze v. Sambuco CA 14-01201 Appealed from Supreme Court, Erie County   Background: The plaintiff and defendant entered into an agreement to purchase property from the ...

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Fourth Department – Assumption of Risk: Jurgensen v. Webster Central School District

Appellate Division, Fourth Department – Assumption of Risk – Sports – Cheerleading – Injured Teammate   Jurgensen v. Webster Central School District CA 14-00783 Appealed from Supreme Court, Monroe County   Background: The plaintiff, as a parent of his daughter, ...

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Fourth Department – Sexual Assault Against a Child: People v. Garrow

Appellate Division, Fourth Department – Sexual Assault Against a Child – Jury Questions People v. Garrow KA-12-00111 Appealed from Onondaga County Court Background: The defendant appealed from a judgment convicting him, following a jury trial, of predatory sexual assault against ...

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Fourth Department – Attorney’s Fees: Hogan Willig v. Hendel

Appellate Division, Fourth Department – Attorney’s Fees – Contingency Fee – Disproportionate Amount   Hogan Willig v. Hendel CA 14-00022 Appealed from Supreme Court, Erie County   Background: The petitioner law firm commenced a proceeding seeking to enforce a charging ...

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Fourth Department – Attorney’s Fees: Hogan Willig v. Hendel

Appellate Division, Fourth Department – Attorney’s Fees – Contingency Fee – Disproportionate Amount   Hogan Willig v. Hendel CA 14-00022 Appealed from Supreme Court, Erie County   Background: The petitioner law firm commenced a proceeding seeking to enforce a charging ...

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Fourth Department – Insurance: Dog Day’s Inc. v. Hartford Fire Insurance Company

Appellate Division, Fourth Department – Insurance – Duty of Good Faith – Property Loss Valuation   Dog Day’s Inc. v. Hartford Fire Insurance Company CA 14-00017 Appealed from Erie County, Supreme Court   Background: The plaintiff insured filed a claim ...

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Fourth Department – Tax Assessment: Crouse Health System v. City of Syracuse

Appellate Division, Fourth Department – Tax Assessment – Exempt Use   Crouse Health System v. City of Syracuse CA 14-01124 Appealed from Supreme Court, Onondaga County   Background: The petitioner challenged the tax assessments on three parcels of property that ...

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Fourth Department – Custody Order: Dejesus v. Haymes

Appellate Division, Fourth Department – Custody Order – Willful Violation – Credibility   Dejesus v. Haymes CAF 13-01436 Appealed from Family Court, Oneida County   Background: The petitioner-respondent mother and respondent-petitioner father stipulated to an order of custody that granted ...

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