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Tag Archives: Appellate Division

Fourth Department — Breach of Contract: Vital Crane Services v. James Micucci and Pollock Research and Design

Appellate Division, Fourth Department Breach of Contract Non-solicitation Clause — Tortious Interference Vital Crane Services v. James Micucci and Pollock Research and Design CA 13-01375 Appealed from Supreme Court, Niagara County Background: The parties are in the business of inspecting, ...

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Fourth Department — Slip and Fall: Rachlin v. Michaels Arts & Crafts

Appellate Division, Fourth Department Slip and Fall Summary Judgment — Constructive or Actual Knowledge Rachlin v. Michaels Arts & Crafts CA 13-01289 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after being injured from a slip ...

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Fourth Department — Slip and Fall: Rachlin v. Michaels Arts & Crafts

Appellate Division, Fourth Department Slip and Fall Summary Judgment — Constructive or Actual Knowledge Rachlin v. Michaels Arts & Crafts CA 13-01289 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after being injured from a slip ...

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Fourth Department — Damages: Reynolds v. State of New York

Appellate Division, Fourth Department Damages Future Medical Expenses — Proximate Cause Reynolds v. State of New York CA 13-00402 Appealed from Court of Claims Background: The claimant commenced an action seeking damages for injuries sustained when state troopers used excessive ...

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Fourth Department — High School Athletic Associations: Pena v. New York State Public High School Athletic Assoc.

Appellate Division, Fourth Department High School Athletic Associations Preclusion from Participation Pena v. New York State Public High School Athletic Assoc. CA 13-02223 Appealed from Supreme Court, Onondaga County Background: The respondent appealed from a judgment that annulled the determination ...

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Fourth Department — Res Ipsa Loquitur: Piscitello v. Fortress Trucking, et al.

Appellate Division, Fourth Department Res Ipsa Loquitur Plaintiff’s Negligence Piscitello v. Fortress Trucking, et al. CA 13-02009 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries sustained after the plaintiff fell from the ...

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Fourth Department — Summary Judgment: Resetarits Construction Corp. v. Pierce

Appellate Division, Fourth Department Summary Judgment Further Discovery Resetarits Construction Corp. v. Pierce CA 13-01522 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action seeking damages for breach of contract based on the alleged failure of the ...

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Fourth Department — Negligent Misrepresentation: Majtan v. Urbanke Associates, Inc.

Appellate Division, Fourth Department Negligent Misrepresentation Existence of Special Relationship Majtan v. Urbanke Associates, Inc. CA 13-01675 Appealed from Supreme Court, Herkimer County Background: The defendant appealed that the court erred in denying its pretrial motion for summary judgment dismissing ...

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