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Tag Archives: Fourth Department

Fourth Department — Production and Inspection of Corporate Books: Liaros v. Ted’s Jumbo Red Hots Inc., et al.

Appellate Division, Fourth Department Production and Inspection of Corporate Books Good Faith — Hearing Required Liaros v. Ted’s Jumbo Red Hots Inc., et al. CA 11-02520 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 to compel ...

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Fourth Department — Real Estate Broker’s Commission: Nastri Real Estate LLC v. Beblo

Appellate Division, Fourth Department Real Estate Broker’s Commission Affidavit of Entitlement Nastri Real Estate LLC v. Beblo CA 11-02506 Appealed from Supreme Court, Onondaga County Background: The petitioner, which provided real estate brokerage services to the respondent, commenced a proceeding ...

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Fourth Department — Defective Condition: Lane v. Texas Roadhouse Holdings LLC

Appellate Division, Fourth Department Defective Condition Summary Judgment — Burden of Proof Lane v. Texas Roadhouse Holdings LLC CA 11-02265 Appealed from Supreme Court, Onondaga County Background: The plaintiff alleged that she was injured after a defective condition of the ...

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Fourth Department — Defective Condition: Knight v. Realty USA.Com Inc., et al.

Appellate Division, Fourth Department Defective Condition Control of Property Knight v. Realty USA.Com Inc., et al. CA 12-00089 Appealed from Supreme Court, Niagara County Background: The plaintiff brought an action after she tripped and fell over a platform located in ...

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Fourth Department — Duplicitous Indictment: People v. Kirk

Appellate Division, Fourth Department  Duplicitous Indictment Dismissal of Counts People v. Kirk KA 08-01439 Appealed from Oswego County Court   Background: The defendant was convicted by a jury of multiple counts of first-degree criminal sexual act, first- and second-degree sexual ...

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Fourth Department — Consecutive Sentences: People v. Deponceau

Appellate Division, Fourth Department Consecutive Sentences Actus Reus — Separate and Distinct Acts  People v. Deponceau KA 10-00634 Appealed from Monroe County Court Background: The defendant colluded with others to murder two people and was convicted by a jury of multiple ...

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Fourth Department — Boarding of Animals: Erie County Society for the Prevention of Cruelty to Animals v. Hoskins

Appellate Division, Fourth Department Boarding of Animals Security Calculation Erie County Society for the Prevention of Cruelty to Animals v. Hoskins CA 11-02239 Appealed from Supreme Court, Erie County Background: The plaintiff brought an action seeking reimbursement for all expenses ...

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