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Tag Archives: Appellate Division

Fourth Department – Motor Vehicle Accident: Sims v. Kushnood HAQ

Appellate Division, Fourth Department – Motor Vehicle Accident – Triable Issue of Fact – Conflicting Testimony   Sims v. Kushnood HAQ CA 14-00736 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages after she ...

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Fourth Department – Public Authorities Law: Operation Oswego County v. State of New York Authorities Budget Office

Appellate Division, Fourth Department – Public Authorities Law – Not-for-profit – Local Development Corporation Operation Oswego County v. State of New York Authorities Budget Office CA 14-01182 Appealed from Supreme Court, Oswego County   Background: The petitioner commenced a combined ...

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Fourth Department – Premise Liability: Rivera v. Tops Markets

Appellate Division, Fourth Department – Premise Liability – Notice – Summary Judgment   Rivera v. Tops Markets CA 14-01131 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action alleging injuries as a result from slipping on ...

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Fourth Department – Disclosure: Schlau v. City of Buffalo, et al.

Appellate Division, Fourth Department – Disclosure – Appointment of Referee – Physician-Patient Privilege   Schlau v. City of Buffalo, et al. CA 13-01595 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action alleging he sustained injuries ...

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Fourth Department – Custody/Visitation: Rice v. Cole

Appellate Division, Fourth Department – Custody/Visitation – Change in Circumstances   Rice v. Cole CAF 13-00872 Appealed from Family Court, Ontario County   Background: The respondent father appealed from an order modifying the existing custody/visitation agreement by directing that he ...

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Fourth Department – Ignition Interlock Device: People v. Scholz

Appellate Division, Fourth Department – Ignition Interlock Device – Legal Sentence   People v. Scholz KA 14–00066 Appealed from Cayuga County Court Background: The defendant pleaded guilty to various crimes in four separate indictments. One of those was driving while ...

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Fourth Department – Suppression Hearing: People v. Manigault

Appellate Division, Fourth Department – Suppression Hearing – Adverse Inference   People v. Manigault KA 11–01952 Background: The defendant pleaded guilty to criminal possession of a weapon, specifically conditioning his guilty plea on appealing the denial of his suppression motion. ...

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Fourth Department – Breach of Contract: Nothnagle Home Securities Corp. v. Bruckner, Tillet, Rossi, Cahill & Associates

Appellate Division, Fourth Department – Breach of Contract – Negligent Appraisal – Six-Year Statute of Limitations   Nothnagle Home Securities Corp. v. Bruckner, Tillet, Rossi, Cahill & Associates CA 14-01237 Appealed from Supreme Court, Monroe County   Background: The plaintiff ...

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