Joining the Appellate Division, Fourth Department was a sort of déjà vu for new Justice Brian F. DeJoseph. He said when he was first appointed as a judge to the Syracuse City Court in 1981, he was sworn in on ...

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Appellate Division, Fourth Department Court of Claims Notice of Claim — Specificity Mosley v. State of New York CA 13-01780 Appealed from Court of Claims Background: After being injured in a slip and fall outside the Orleans Correctional Facility, the ...

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Appellate Division, Fourth Department Conversion Mobile Home Park Tenancy Hillcrest Homes v. Albion Mobile Homes CA 13-01384 Appealed from Supreme Court, Orleans County Background: The plaintiff commenced an action alleging conversion and violations of section 233 of the Real Property ...

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Appellate Division, Fourth Department Negligent Supervision Driver’s Duty of Care Green v. Hosley CA 13-01310 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking damages for injuries sustained by the daughter of the plaintiff and the ...

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Appellate Division, Fourth Department  Trip and Fall Defective Condition — Trivial and Non-Actionable Lupa v. City of Oswego CA 13-01020 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action after she tripped and fell on the elevated ...

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Appellate Division, Fourth Department  Motor Vehicle Accident Vehicle & Traffic Law 1103 — Work on a Highway Gawron v. Town of Cheektowaga CA 13-01534 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after being injured in ...

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It was up to defense counsel, not the defendant, to seek a jury charge on lesser-included offenses in a Niagara County assault case, the Appellate Division, Fourth Department ruled Friday. The higher court overturned the second-degree assault conviction of Germaine ...

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Appellate Division, Fourth Department State Trooper Misconduct — Substantial Evidence Franklin v. D’Amico TP 13-01542 Transferred from Supreme Court, Erie County Background: A former New York State Trooper commenced a CPLR article 78 proceeding seeking to annul a determination finding ...

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Appellate Division, Fourth Department Real Property Sale Merger Doctrine — Moot Appeal Gately v. Gately CA 13-00387 Appealed from Supreme Court, Erie County Background: The defendant appealed from orders that approved a contract to sell the parties’ real property and ...

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Malcolm Bryant, formerly of Rochester, will get a new trial with the emergence of a new witness more than a year after Bryant was convicted of shooting another man. The Appellate Division, Fourth Department on Friday granted Bryant’s motion under ...

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Appellate Division, Fourth Department Motor Vehicle Accident 90/180 Category — Sufficient Evidence Downie v. McDonough CA 13-01511 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a personal injury action following a motor vehicle accident. The defendant appealed from ...

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Appellate Division, Fourth Department Personal Jurisdiction Long-arm Jurisdiction — Personal Injury Claim and Settlement Cellino & Barnes v. Martin, Lister & Alvarez CA 13-00363 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action against a Florida law ...

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