Appellate Division, Fourth Department  Breach of Contract — Time to Complete Contract Modification — Damages Calculation Expert Caleb v. Sevenson Environmental Services, Inc. CA 13-00034 Appealed from Supreme Court, Orleans County Background: The defendant appealed from a judgment that awarded damages ...

Tagged with: Appellate Division breach of contract Fourth Department

Appellate Division, Fourth Department  Extraordinary Circumstances  Unsanitary Living Conditions — Medical Needs Braun v. Decicco CAF 12-01897 Appealed from Family Court, Oneida County Background: The respondent mother appealed from an order determining that her son’s paternal grandmother and her daughter’s maternal grandmother ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Custody/Visitation Relocation Out of State — Job Opportunities Yaddow v. Bianco CAF 13-00710 Appealed from Family Court, Oneida County Background: The petitioner father appealed from an order denying his petitioner seeking permission for the parties’ child ...

Tagged with: Appellate Division Custody/Visitation Fourth Department

Appellate Division, Fourth Department  Lead Paint Litigation Reasonable Measures to Remedy Spain v. Holl CA 13-01638 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action seeking damages for injuries he sustained as a result of lead paint ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Labor Law Summary Judgment — Issue of Fact Sims v. City of Rochester CA 13-01663 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a Labor Law action as a result of her work performing ...

Tagged with: Appellate Division Fourth Department Labor Law

Appellate Division, Fourth Department Deposition Testimony Summary Judgment — Credibility Determinations Rew v. County of Niagara, et al. CA 13-01155 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action to recover damages for injuries he sustained when ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Fraternity Party Negligent Supervision — Premise Liability — Unlawful Furnishing of Alcohol Parslow v. Leake, et al. CA 13-00298 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after the he fell out ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Motor Vehicle Accident Speeding — Qualified Expert Johnson v. Time Warner Entertainment CA 13-01330 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after his vehicle was struck by a truck owned and operated ...

Tagged with: Appellate Division Fourth Department Motor Vehicle Accident

Appellate Division, Fourth Department Lead Paint Poisoning Corporate Officer — Commission of a Tort Doctrine — Nonfeasance Lloyd v. Moore, et al. CA 13-01404 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action alleging that he sustained injuries ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Nonparent Custody Parental Drug Use Komenda v. Dininny CAF 13-00097 Appealed from Supreme Court, Erie County Background: The father of the subject child appealed from the grant of sole custody to the nonparent petitioner. The father ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Motor Vehicle Accident Right-of-way — Inconsequential Speeding Heltz v. Erie Logistics, LLC CA 13-01101 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a negligence action after her vehicle was struck by a truck operated ...

Tagged with: Appellate Division Fourth Department Motor Vehicle Accident

Appellate Division, Fourth Department Zoning — Variance Nonconforming Use —– Unnecessary Hardship Christian Airmen, Inc. v. Town of Newstead Zoning Board of Appeals, et al. CA 13-01045 Appealed from Supreme Court, Erie County Background: The town appealed from a judgment ...

Tagged with: Appellate Division Fourth Department Zoning