Appellate Division, Fourth Department – Defamation – State Official – Statements Made Within the Ambit of Duties   Fiore v. Town of Whitestown CA 14-00914 Appealed from Supreme Court, Oneida County   Background: The plaintiff-petitioner was formerly employed by the defendant-respondent ...

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Appellate Division, Fourth Department – Support Collection – Objection to Petition – Specificity   Farruggia v. Faruggia CAF 14-01297 Appealed from Family Court, Erie County   Background: The respondent father appealed from the denial of his objection to an order ...

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Appellate Division, Fourth Department – Trip and Fall – Res Ipsa Loquitur – Exclusive Control   Del Carmen Cuque v. Amin CA 14-01353 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a negligence action seeking damages for ...

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Appellate Division, Fourth Department – Motion to Vacate – Misrepresented Fact – Defendant’s Prior Knowledge   Dick v. State University Construction Fund CA 14-01212 Appealed from Supreme Court, Oswego County   Background: The plaintiff alleged that he was injured after ...

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Appellate Division, Fourth Department – Reckless Assault of a Child – Effective Assistance of Counsel People v. Johnson KA 13-01618 Appealed from Genesee County Court Background: The defendant appealed from a judgment, upon his plea of guilty, of reckless assault ...

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Appellate Division, Fourth Department –  Medical Malpractice – Recognition of Emergency – Deviation from Standard of Care   Black v. State of New York CA 14-00317 Appealed from Court of Claims   Background: The decedent commenced an action seeking damages ...

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Appellate Division, Fourth Department – Robbery – Dangerous Instrument People v. Spears KA 13-00183 Appealed from Erie County Court Background: The defendant appealed from a judgment convicting him of first-degree robbery. The defendant argued that the people failed to prove ...

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Appellate Division, Fourth Department – Open Meetings Law – Attorney-Client Privilege   Brown v. Feehan CA 14-01064 Appealed from Supreme Court, Steuben County   Background: The petitioners own a parcel of property together with an easement over adjacent property, which ...

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Appellate Division, Fourth Department – Toxic Tort – Site Samples – Privileged Information   Abbo-Bradley v. City of Niagara Falls, et al. CA 14-01158 Appealed from Supreme Court, Niagara County   Background: The plaintiffs live in an area in the ...

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Appellate Division, Fourth Department – SORA Guidelines – Presumptive Risk Level People v. Scheifla KA 13-01958 Appealed from Erie County Court Background: The defendant appealed from an order of the Erie County Court finding him to be a level two ...

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Appellate Division, Fourth Department – Labor Law – Performance of Work – Use of a Ladder   Zimmer v. Town of Lancaster Industrial Development Agency CA 14-01132 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor ...

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Appellate Division, Fourth Department – Property Dispute – Special Damages – Town Zoning   Smith v. Stephens Media Group-Watertown CA 13-02246 Appealed from Supreme Court, Jefferson County   Background: The plaintiffs commenced an action seeking enforcement of the Town of ...

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