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Fourth Department – Assumption of Risk: Litz v. Clinton Central School District, et al.
Appellate Division, Fourth Department – Assumption of Risk – Sports – Locker Room Injury – Purpose of Doctrine Litz v. Clinton Central School District, et al. CA 14-01215 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action seeking damages for injuries sustained in a locker room following hockey practice. The […]
Fourth Department – Assumption of Risk: Jurgensen v. Webster Central School District
Appellate Division, Fourth Department – Assumption of Risk – Sports – Cheerleading – Injured Teammate Jurgensen v. Webster Central School District CA 14-00783 Appealed from Supreme Court, Monroe County Background: The plaintiff, as a parent of his daughter, commenced an action seeking damages for injuries his daughter sustained during a varsity cheerleading practice. [...]
Fourth Department — Horseback Riding — Assumption of Risk: Vanderbrook v. Emerald Springs Ranch
Appellate Division, Fourth Department Horseback Riding — Assumption of Risk Vicious Propensity — General Release Vanderbrook v. Emerald Springs Ranch CA 12-01981 Appealed from Supreme Court, Wayne County Background: The plaintiff commenced an action seeking damages for injuries sustained while riding a horse on a guided trail ride on the defendant’s premises. The plaintiff injured […]
Court of Appeals — Assumption of Risk: Bukowski v. Clarkson University, et al.
New York State Court of Appeals Assumption of Risk Sports — Practice Bukowski v. Clarkson University, et al. No. 107 Judge Lippman Background: The plaintiff, a baseball pitcher, brought an action against his school after he was injured during practice. On appeal the plaintiff contended that he did not assume the risks inherent in […]
Supreme Court, Wayne County — Assumption of Risk: Zerniak v. Davis
Supreme Court, Wayne County Assumption of Risk Negligent Entrustment with a Dangerous Instrumentality Zerniak v. Davis 71034 Justice Kehoe Background: The action arose from an incident that occurred at the residence own by the defendant. The plaintiff, a minor child, had participated in a game involving the use of paintball guns while the defendant was […]
Assumption of Risk: Renee v. North Collins Central School Dist.
Appellate Division, Fourth Department Assumption of Risk Level of Experience Renee v. North Collins Central School Dist. CA 10-2520 Appeal from the Supreme Court, Erie County Background: The plaintiff commenced this action after her daughter suffered injury when she slid into second base during a softball game. The defendant moved to dismiss on the grounds […]
Negligence: Brown v. Town of Cincinnatus
Supreme Court, Cortland County Negligence Assumption of Risk — Correction of Deposition Brown v. Town of Cincinnatus No. 40598 Judge Rumsey Background: Plaintiff Jacob Brown, through his father, commenced this action for injuries that he sustained on Sept. 16, 2006, when he fell from the open bed of a pickup truck in which he rode […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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