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Tag Archives: Appellate Division

Fourth Department – Severance of Claims: Utica Mutual Insurance Company v. American Re-Insurance Company

Appellate Division, Fourth Department Severance of Claims Insurance Company – Common Issues of Fact Utica Mutual Insurance Company v. American Re-Insurance Company CA 15-00408 Appealed from Supreme Court, Oneida County Background: The plaintiff insurance company commenced a contract and declaratory ...

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Fourth Department – Bicycle Accident: Swietlikowski v. Village of Herkimer

Appellate Division, Fourth Department Bicycle Accident Dangerous Road Condition – Defendant Created Condition Swietlikowski v. Village of Herkimer CA 15-00254 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced an action after sustaining injuries from a fall from his ...

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Fourth Department – Motion for Additional Discovery: Saravullo v. Tillotson

Appellate Division, Fourth Department Motion for Additional Discovery Good Faith – Note of Issue Saravullo v. Tillotson CA 15-00201 Appealed from Supreme Court, Genesee County Background: In this underlying motor vehicle accident claim, the plaintiff appealed from an order that ...

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Fourth Department – Disciplinary Hearing: Shoga v. Annucci

Appellate Division, Fourth Department Disciplinary Hearing Exclusion of Petitioner – Proper Basis in Record Shoga v. Annucci TP 15-00352 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an article 78 proceeding seeking to annul a determination finding him ...

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Fourth Department – Paternity: Joyce S. v. Kevin M. and Robert S.

Appellate Division, Fourth Department Paternity Equitable Estoppel – Best Interests of the Child Joyce S. v. Kevin M. and Robert S. CAF 14-00713 Appealed from Family Court, Wyoming County Background: The petitioner commenced a proceeding seeking a determination that the ...

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Fourth Department – Specific Performance: Pohlman v. Madia, et al.

Appellate Division, Fourth Department Specific Performance Waiver of Contract Conditions – Clear and Unequivocal Intent Pohlman v. Madia, et al. CA 15-00392 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking specific performance of a real ...

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Fourth Department – Motor Vehicle Accident: Regdos v. City of Buffalo

Appellate Division, Fourth Department Motor Vehicle Accident Police Vehicle – Apportioned Liability Regdos v. City of Buffalo CA 15-00430 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action to recover injuries she sustained when her vehicle was ...

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Fourth Department – Motorcycle Accident – Duty of Care: Murray v. Golley, et al.

Appellate Division, Fourth Department Motorcycle Accident – Duty of Care Mechanic – Negligent Inspection Murray v. Golley, et al. CA 15-00486 Appealed from Supreme Court, Onondaga County Background: The plaintiff was injured when his motorcycle collided with a vehicle operated ...

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Fourth Department – Arbitration – Waiver: Matter of Monroe County

Appellate Division, Fourth Department Arbitration – Waiver Federal Action – Distinct Claims and Remedies Matter of Monroe County CA 15-00402 Appealed from Supreme Court, Monroe County Background: At issue in the underlying collective bargaining agreement between the Monroe County Law ...

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Fourth Department – Lead Paint Exposure: Kimball v. Normandeau

Appellate Division, Fourth Department – Lead Paint Exposure Inference of Actual or Constructive Knowledge Kimball v. Normandeau CA 15-00234 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action seeking damages for injuries he sustained as a result ...

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