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Tag Archives: Appellate Division

Fourth Department – Dangerous Sex Offender: State of New York v. Parrott

Appellate Division, Fourth Department – Dangerous Sex Offender – Nonjury Trial – Hearsay Evidence   State of New York v. Parrott CA 13-00982 Appealed from Supreme Court, Oswego County   Background: The respondent appealed from an order pursuant to the ...

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Fourth Department – Habeas Corpus: People ex rel. Walker v. Dolce

Appellate Division, Fourth Department – Habeas Corpus – Conversion of Action People ex rel. Walker v. Dolce KAH 13–01517 Background: The petitioner, a state inmate, brought a habeas corpus proceeding, seeking his release from imprisonment. Ruling: Order dismissing petition affirmed. ...

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Fourth Department – Breach of Contract: Travelers Casualty & Surety Company of America v. Costanza

Appellate Division, Fourth Department – Breach of Contract – Summary Judgment   Travelers Casualty & Surety Company of America v. Costanza CA 14-00495 Appealed from Supreme Court, Monroe County   Background: The defendant appealed from an order awarding money damages ...

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Fourth Department – State’s Duty to Maintain Safe Roadways: Warner v. State of New York

Appellate Division, Fourth Department – State’s Duty to Maintain Safe Roadways – Dangerous Condition   Warner v. State of New York CA 14-00707 Appealed from Court of Claims   Background: The claimant appealed from an order that dismissed his claims ...

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Fourth Department – Effective Assistance of Counsel: People v. Graham

Appellate Division, Fourth Department – Effective Assistance of Counsel – Excessive Sentence People v. Graham KA 10–02192 Appealed from Supreme Court, Monroe County Background: A jury convicted defendant of arson first degree. On appeal, he challenged his trial attorney’s representation, ...

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Fourth Department – Personal Injury: Tracy v. David Christa Construction, et al.

Appellate Division, Fourth Department – Personal Injury – Privity   Tracy v. David Christa Construction, et al. CA 14-01272 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action after sustaining injuries from a slip and fall ...

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Fourth Department – Motor Vehicle Accident: Tate v. Brown

Appellate Division, Fourth Department – Motor Vehicle Accident – Serious Injury – Conflict Between Defendant’s Doctors   Tate v. Brown CA 13-02003 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a negligence action after sustaining injuries as ...

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Fourth Department – Tax Assessment: Techniplex III v. Town and Village of East Rochester

Appellate Division, Fourth Department – Tax Assessment – Presumption of Validity   Techniplex III v. Town and Village of East Rochester CA 14-00217 Appealed from Supreme Court, Monroe County   Background: The petitioners commenced a proceeding seeking review of a ...

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Fourth Department – Legal Malpractice: The New Kayak Pool Corporation v. Kavinoky Cook

Appellate Division, Fourth Department – Legal Malpractice – Damages – Failure to Inquire into Existing Insurance Coverage   The New Kayak Pool Corporation v. Kavinoky Cook CA 13-02084 Appealed from Supreme Court, Erie County   Background: The plaintiffs commenced a ...

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