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Tag Archives: Appellate Division

Fourth Department – Hain v. Jamison

Appellate Division, Fourth Department Negligence Farm Animal – Contribution to Motor Vehicle Accident Hain v. Jamison CA 14-02093 Appealed from Supreme Court, Steuben County Background: The plaintiff, on behalf of the decedent, commenced a personal injury and wrongful death action ...

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Fourth Department – Special Use Permit: George Eastman House v. Morgan Management, et al

Appellate Division, Fourth Department – Special Use Permit – In Harmony with City’s Plan   George Eastman House v. Morgan Management, et al. CA 14-01578 Appealed from Supreme Court, Monroe County   Background: The petitioner commenced an article 78 proceeding ...

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Fourth Department – Motor Vehicle Accident: Deleo v. County of Monroe, et al.

Appellate Division, Fourth Department – Motor Vehicle Accident – Leave to Amend – Punitive Damages   Deleo v. County of Monroe, et al. CA 14-01809 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action on behalf ...

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Fourth Department – Environmental Quality Review: Dawley v. Whitetail 414

Appellate Division, Fourth Department – Environmental Quality Review – Negative Declaration – Reasoned Elaboration   Dawley v. Whitetail 414 CA 15-00089 Appealed from Supreme Court, Seneca County   Background: The petitioners commenced an article 78 proceeding seeking to annul the ...

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Fourth Department – Motor Vehicle Accident: Covell v. Slocum

Appellate Division, Fourth Department – Motor Vehicle Accident – Summary Judgment – Witness Affidavit   Covell v. Slocum CA 14-02183 Appealed from Supreme Court, Niagara County   Background: The plaintiff commenced an action after being struck by a motor vehicle ...

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Fourth Department – Concrete Applied Technologies Corporation v. County of Erie

Appellate Division, Fourth Department Public Works Project Bids – Mistaken Bid Rebid – Contractor Participation in Rebid Concrete Applied Technologies Corporation v. County of Erie CA 15-00856 Appealed from Supreme Court, Erie County Background: The petitioner commenced an article 78 ...

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Fourth Department – Canandaigua Emergency Squad, et al v. Rochester Area Health Maintenance Organization

Appellate Division, Fourth Department Insurance Reimbursement – Recoup Offset Monetary Demand in Nature – Preclusion of Evidence Canandaigua Emergency Squad, et al v. Rochester Area Health Maintenance Organization CA 14-01763 Appealed from Monroe County, Supreme Court Background: The plaintiffs are ...

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Fourth Department – Clark Bono Roofing & Construction Company v. Nord Bitumi U.S.

Appellate Division, Fourth Department  Express Warranty Proper Party Entitled to Relief Clark Bono Roofing & Construction Company v. Nord Bitumi U.S. CA 13-01672 Appealed from Supreme Court, Erie County Background: The plaintiff installed roofs on three commercial buildings in 1983 ...

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Fourth Department – Swatland v. Kyle and Trugreen Limited Partnership

Appellate Division, Fourth Department Past and Future Pain and Suffering Material Deviation from Reasonable Compensation Swatland v. Kyle and Trugreen Limited Partnership CA 15-00092 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries ...

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Fourth Department – Vari v. Capitano, et al.

Appellate Division, Fourth Department Motor Vehicle Accident Comparative Negligence – Rear-End Collision Vari v. Capitano, et al. CA 14-02094 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a consolidated personal injury action for injuries sustained in two separate ...

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Fourth Department – People v. Brahney

Appellate Division, Fourth Department Intentional Murder Extreme Emotional Disturbance People v. Brahney KA 13-01456 Appealed from Cayuga County Court Background: Defendant was convicted of intentional and felony murder, as well as burglary and criminal contempt, in relation to the death ...

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