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Tag Archives: Appellate Division

Fourth Department — Motorcycle Accident: Sargent v. Mammoser

Appellate Division, Fourth Department  Motorcycle Accident Farm Animal — Vicious Propensity Sargent v. Mammoser CA 13-00042 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a wrongful death action after the decedent sustained fatal injuries in a motorcycle accident. ...

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Fourth Department — Motor Vehicle Accident: Harris v. Schmidt

Appellate Division, Fourth Department  Motor Vehicle Accident Discovery of Tax Records — Post-Accident Employment Harris v. Schmidt CA 13-01840 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action after their vehicle was hit by the defendants’ vehicle. The ...

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Fourth Department — Attorney-Client Privilege: Nicastro v. New York Central Mutual Fire Ins. Co.

Appellate Division, Fourth Department Attorney-Client Privilege Attorney Work Product Nicastro v. New York Central Mutual Fire Ins. Co. CA 13-01136 Appealed from Supreme Court, Erie County Background: The defendant appealed from an order compelling the production of 200 pages of ...

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Fourth Department — Insurance Contract: North Country Ins. Co. v. Raspante

Appellate Division, Fourth Department  Insurance Contract Exclusion Clause — Notice North Country Ins. Co. v. Raspante CA 13-01324 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action seeking a declaration that it is not obligated to defend ...

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Fourth Department — Nonparent Custody: Griffin v. Griffin

Appellate Division, Fourth Department  Nonparent Custody Evidentiary Hearing Griffin v. Griffin CAF 12-02316 Appealed from Family Court, Erie County Background: The respondent mother appealed from the grant of sole custody to the petitioner non-parent. The respondent argued there was no ...

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Fourth Department — Child Neglect: Matter of Burke H.

Appellate Division, Fourth Department  Child Neglect Derivative Neglect — Psychologist’s Testimony Matter of Burke H. CAF 12-01943 Appealed from Family Court, Erie County Background: The respondent mother appealed from an order finding that she neglected the subject child. Ruling: The ...

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Fourth Department — Flooding: Gilberti v. Town of Spafford

Appellate Division, Fourth Department  Flooding Negligent Maintenance — Third-party Liability Gilberti v. Town of Spafford CA 13-01245 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action alleging that the town was negligent in the design, installation, construction ...

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Fourth Department — Mechanic’s Lien: Fiberglass Fabricators, Inc. v. C.O. Falter Construction Corp, et al.

Appellate Division, Fourth Department  Mechanic’s Lien Willful Exaggeration — Attorney’s Fees Fiberglass Fabricators, Inc. v. C.O. Falter Construction Corp, et al. CA 13-01012 Appealed from Supreme Court, Onondaga County Background: The defendant, as general contractor of a construction project, hired ...

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Fourth Department — Surrogate Court: Estate of Gino Rolando Monaco

Appellate Division, Fourth Department  Surrogate Court Motion to Compel Production — Tax Records Estate of Gino Rolando Monaco CA 13-00790 Appealed from Surrogate’s Court, Erie County Background: The respondent appealed from an order denying its motion to compel production of ...

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Fourth Department — Insurance Policy Interpretation: Dryden Mutual Insurance Company v. Stanley Goessl, et al.

Appellate Division, Fourth Department  Insurance Policy Interpretation Employee/Employer Relationship Dryden Mutual Insurance Company v. Stanley Goessl, et al. CA 13-00513 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action seeking a declaration that it is not obligated to ...

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