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Tag Archives: Appellate Division

Fourth Department — Motor Vehicle Accident: Colangelo v. Marriott, et al.

Appellate Division, Fourth Department Motor Vehicle Accident Emergency Doctrine — Negligent Maintenance of Vehicle Colangelo v. Marriott, et al. CA 13-02128 Appealed from Supreme Court, Oneida County Background: The plaintiff’s minivan in the right eastbound lane came to a stop ...

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Fourth Department — Contract Interpretation: Dipizio Construction Company v. Erie Canal Harbor Development

Appellate Division, Fourth Department Contract Interpretation Extrinsic Evidence Dipizio Construction Company v. Erie Canal Harbor Development CA 13-02032 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an article 78 proceeding contending that the defendant had breached its contract ...

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Decision of Interest: Fourth Department — Testamentary Trust: Matter of Canandaigua National Bank and Trust Company

Appellate Division, Fourth Department Testamentary Trust Uneconomical — Intent of the Decedent Matter of Canandaigua National Bank and Trust Company CA 13-01772 Appealed from Surrogate’s Court, Monroe County Background: The petitioner and trustee bank commenced a proceeding to terminate the ...

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Fourth Department — Products Liability: Beigelow v. General Electric Company, et al.

Appellate Division, Fourth Department Products Liability Costs of Litigation — Indemnification Beigelow v. General Electric Company, et al. CA 13-02212 Appealed from Supreme Court, Genesee County Background: In 2005, the plaintiff’s decedent was injured in a fire in his mobile ...

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Fourth Department — Expert’s Use of Hearsay Evidence: State of New York v. Armstrong

Appellate Division, Fourth Department Expert’s Use of Hearsay Evidence State of New York v. Armstrong CA 13-00565 Appealed from Supreme Court, Niagara County Background: The respondent appealed from an order determining that he is a dangerous sex offender requiring confinement. ...

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Fourth Department — Sealed Document: Amaker v. Fischer

Appellate Division, Fourth Department Sealed Document Criminal Action — Internal Administrative Document Amaker v. Fischer CA 12-01230 Appealed from Supreme Court, Wyoming County Background: The petitioner appealed from a judgment dismissing his article 78 petition seeking to review of a ...

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Fourth Department — Discrimination: Moll v. Telesector Resources Group, Inc.

Appellate Division, Fourth Department Discrimination Hostile Work Environment — Sex-neutral Incidents Moll v. Telesector Resources Group, Inc. 12-4688-cv; 13-0918-cv Judges Walker, Cabranes and Parker Background: The plaintiff appealed from a decision granting the defendant’s motion dismissing her complaint and her ...

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Fourth Department — Lead-Paint Litigation — Burden of Proof: McDonald v. Farina

Appellate Division, Fourth Department Lead-Paint Litigation — Burden of Proof Summary Judgment — Scienter McDonald v. Farina CA 13-02098 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action after their daughter sustained injuries as a result of ...

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Fourth Department — Personal Service: Pulchalski v. Depew Union Free School District

Appellate Division, Fourth Department Personal Service Education Law — Designated School Officer Pulchalski v. Depew Union Free School District CA 13-02155 Appealed from Supreme Court, Erie County Background: The petitioner appealed from an order that dismissed her petition as time-barred. ...

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Fourth Department — Motor Vehicle Accident: Lankenau v. Boles, et al.

Appellate Division, Fourth Department Motor Vehicle Accident Conflict of Laws — Seatbelt Defense Lankenau v. Boles, et al. CA 13-01300 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after sustaining injuries in a motor vehicle accident ...

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