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Tag Archives: Appellate Division

Fourth Department — Loss of Sepulcher: Shepherd v. Whitestar Development Corp., et al.

Appellate Division, Fourth Department Loss of Sepulcher Priority — Standing Shepherd v. Whitestar Development Corp., et al. CA 13-00514 Appealed from Supreme Court, Niagara County Background: The plaintiff’s brother was employed by the defendant as a custodian at one of ...

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Fourth Department — Workers’ Compensation: Tomushunas v. Designcrete of America

Appellate Division, Fourth Department Workers’ Compensation Employer Immunity to Suit Tomushunas v. Designcrete of America CA 13-00960 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action against her former employer and its principal alleging assault, intentional infliction of ...

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Fourth Department — Premise Liability: Wilson v. 100 Carlson Park

Appellate Division, Fourth Department Premise Liability Visible and Apparent Defect — Trivial Wilson v. 100 Carlson Park A 13-00891 Appealed from Supreme Court, Monroe County Background: The defendants appealed from the denial of its motion for summary judgment dismissing the plaintiff’s ...

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Fourth Department — Slip and Fall: McKnight v. Coppola

Appellate Division, Fourth Department Slip and Fall Proximate Cause — Unsafe Condition McKnight v. Coppola CA 13-00822 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action seeking damages after falling down a flight of stairs at the ...

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Fourth Department — Municipal Negligence: Pulver v. City of Fulton Dept. of Public Works

Appellate Division, Fourth Department Municipal Negligence Prior Written Notice — Affirmative Negligence Pulver v. City of Fulton Dept. of Public Works 13-00579 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action to recover damages for injuries she ...

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Fourth Department — Parental Rights: Matter of Hannah L.

Appellate Division, Fourth Department Parental Rights Children’s Testimony — Cross-Corroboration Matter of Hannah L. CAF 12-01012 Appealed from Family Court, Erie County Background: The parents appealed from an order adjudicating that their seven children were neglected by them. The parents ...

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Fourth Department — Parental Rights: Matter of Kelsey

Appellate Division, Fourth Department Parental Rights Permanent Neglect — Parental Motivation and Involvement Matter of Kelsey CAF 12-01659 Appealed from Family Court, Jefferson County Background: The respondent parents appealed from an order terminating their parental rights on the ground of ...

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Fourth Department — Discovery: Iskalo Electric Tower v. Stantec Consulting Services, Inc.

Appellate Division, Fourth Department Discovery Conditional Orders Iskalo Electric Tower v. Stantec Consulting Services, Inc. CA 13-01043 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action for damages alleging the breach of two commercial leases. The defendant’s ...

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Fourth Department — Lease Agreement: Baumann Realtors, Inc. v. First Columbia Century-30, et al.

Appellate Division, Fourth Department Lease Agreement Tortious Interference — Dismissal Baumann Realtors, Inc. v. First Columbia Century-30, et al. CA 13-00867 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action alleging that the defendant breached a broker ...

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Fourth Department — Motor Vehicle Accident: Clark v. Aquino

Appellate Division, Fourth Department Motor Vehicle Accident Serious Injury — Cessation of Treatment — Burden of Proof Clark v. Aquino CA 13-00207 Appeal from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages after sustaining injuries in ...

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Fourth Department —Ineffective Assistance: Matter of Jada G.

Appellate Division, Fourth Department Ineffective Assistance Conflict of Interest — Attorney and Witness Matter of Jada G. CAF 12-02269 Appealed from Family Court, Wyoming County Background: The mother appealed from an order terminating her parental rights on the ground of permanent ...

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