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Tag Archives: Fourth Department

Fourth Department — Equal Access to Justice Act: Lighthouse Pointe Property Associates LLC v. NYS Department of Environmental Conservation

Appellate Division, Fourth Department Equal Access to Justice Act Eligible Party — Substantially Justified Lighthouse Pointe Property Associates LLC v. NYS Department of Environmental Conservation CA 11-01151 Appealed from Supreme Court, Monroe County Background: The petitioner appealed from an order denying ...

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Fourth Department — Subcontracts: Leo J. Roth Corp. v. Trademark Development Co. Inc., et al.

Appellate Division, Fourth Department Subcontracts Compliance with Specified Standards — Duplicative Theories Leo J. Roth Corp. v. Trademark Development Co. Inc., et al. CA 11-01260 Appealed from Supreme Court, Monroe County Background: The plaintiff, a heating, ventilation and air conditioning subcontractor, ...

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Fourth Department — Elevation-Related Risk: Kirbis v. LPCiminelli Inc, et al.

Appellate Division, Fourth Department Elevation-Related Risk Admissible Proof — Causation Kirbis v. LPCiminelli Inc, et al. CA 11-01172 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law action to recover damages for injuries he sustained when ...

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Fourth Department — Products Liability: Johnson v. Unifirst Corporation

Appellate Division, Fourth Department Products Liability Warranty of Fitness — Employee’s Uniforms Johnson v. Unifirst Corporation CA 11-01016 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained while working as a ...

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Fourth Department — Police Officers: Hastings v. City of Sherrill

Appellate Division, Fourth Department Police Officers Termination of Employment — Right of Intimate Association Hastings v. City of Sherrill TP 11-01447 Transferred from Supreme Court, Oneida County Background: The petitioner commenced an Article 78 seeking to annul the determination terminating ...

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Fourth Department — Court of Claims: Green v. State

Appellate Division, Fourth Department Court of Claims Subject Matter Jurisdiction Green v. State CA 11-00437 Appealed from Court of Claims Background: The claimant, a prisoner incarcerated at the Elmira Correctional Facility, filed a claim seeking damages due to “improprieties imposed ...

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Fourth Department — Notice of Claim: Greece Central School District v. Garden Grove Landscape, et al.

Appellate Division, Fourth Department Notice of Claim Accrual of Breach of Contract Greece Central School District v. Garden Grove Landscape, et al. CA 11-01352 Appealed from Supreme Court, Monroe County Background: The breach of contract action arose from a school ...

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Fourth Department — Disciplinary Hearings: Foster v. Aurelius Fire District

Appellate Division, Fourth Department Disciplinary Hearings Insubordination Foster v. Aurelius Fire District TP 11-01255 Transferred from Supreme Court, Cayuga County Background: The petitioner brought an Article 78 proceeding challenging the determination finding him guilty of misconduct based on his insubordination ...

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Fourth Department — Insurance Coverage: Dzielski v. Essez Insurance Company, et al.

Appellate Division, Fourth Department Insurance Coverage Exclusions — Ambiguity Dzielski v. Essez Insurance Company, et al. CA 11-00887 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the action seeking judgment declaring that the defendant was obligated to indemnify ...

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