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Tag Archives: Appellate Division

Fourth Department – Sports Activity: Barends v. Town of Cheektowaga

Appellate Division, Fourth Department Sports Activity Assumption of Risk – Concealed or Unreasonably Increased Risk Barends v. Town of Cheektowaga CA 15-00428 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after sustaining injuries in a gymnasium ...

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Fourth Department – Spoilation of Evidence: Bill’s Feed Service v. Adams

Appellate Division, Fourth Department Spoilation of Evidence Notice – Sanctions Bill’s Feed Service v. Adams CA 15-00134 Appealed from Supreme Court, Jefferson County Background: The plaintiff commenced an action to recover money owed for animal feed it supplied to the ...

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Fourth Department – Real Property Tax Law: Allegany Mountain Resort v. Town of East Otto

Appellate Division, Fourth Department – Real Property Tax Law Recreational Vehicles – Trailers Allegany Mountain Resort v. Town of East Otto CA 15-00373 Appealed from Supreme Court, Cattaraugus County Background: The petitioner commenced a Real Property Tax Law proceeding to ...

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Fourth Department – False Imprisonment: Zegarelli-Pecheone v. New Hartford Central School District

Appellate Division, Fourth Department – False Imprisonment School Confinement – Privilege Zegarelli-Pecheone v. New Hartford Central School District CA 15-00357 Appealed from Supreme Court, Oneida County Background: The defendant appealed from an order denying its motion for summary judgment dismissing ...

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Fourth Department – Custody/Visitation: Ordona v. Patrick

Appellate Division, Fourth Department Custody/Visitation Hearsay – Abuse and Neglect Ordona v. Patrick CAF 14-00442 Appealed from Family Court, Chautauqua County Background: The grandmother appealed from an order that terminated her visitation with the children. Ruling: The Appellate Division affirmed. ...

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Fourth Department – Surrogate’s Court – Summary Judgment: Thompson v. Peters

Appellate Division, Fourth Department Surrogate’s Court – Summary Judgment In Terrorem Clause – Inconsistent Statements in Deposition Thompson v. Peters CA 14-01287 Appealed from Surrogate’s Court, Genesee County Background: The decedent, who was a citizen of the Tonawanda Seneca Nation, ...

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Fourth Department – Insurance: Miller v. Allstate Indemnity Company

Appellate Division, Fourth Department Insurance Bad Faith Standard – Punitive Damages Miller v. Allstate Indemnity Company CA 14-01841 Appealed from Supreme Court, Monroe County Background: The plaintiffs commenced an action against the defendant after their claim for property damage to ...

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Fourth Department – Custody – Change in Circumstances: McClinton v. Kirkman

Appellate Division, Fourth Department Custody – Change in Circumstances Motion to Dismiss – Abdication of Primary Caregiver Role McClinton v. Kirkman CAF 14-01645 Appealed from Family Court, Onondaga County Background: The petitioner mother commenced a proceeding seeking to modify a ...

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Fourth Department – Slip and Fall: Indarjali v. Indarjali

Appellate Division, Fourth Department Slip and Fall Storm in Progress – Contributory Factors to Injury Indarjali v. Indarjali CA 15-00138 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking damages for injuries sustained when he slipped ...

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Fourth Department – Serious Injury: Harris v. Campbell

Appellate Division, Fourth Department Serious Injury Comparative Analysis – Issue of Fact Harris v. Campbell CA 15-00116 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action seeking damages for injuries sustained during a rear-end collision with the ...

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Fourth Department – Motion to Dismiss: Fitzgerald v. SMS/800, Inc.

Appellate Division, Fourth Department Motion to Dismiss Amended Complaint – Duplicative Causes of Action Fitzgerald v. SMS/800, Inc. CA 15-00356 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action following his termination as president and chief executive ...

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