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Tag Archives: Fourth Department

Visitation: Russo v. Carmel

Appellate Division, Fourth Department Visitation Overseas Trips Russo v. Carmel CAF 10-02330 Appealed from Family Court, Ontario County Background: The petitioner father commenced the action seeking joint custody and expanded visitation. The mother had cross-petitioned to reduce the father’s overnight ...

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Landis v. Giacinto

Appellate Division, Fourth Department Mortgage Escrow Funds Landis v. Giacinto CA 10-02401 Appealed from Supreme Court, Steuben County Background: The plaintiffs commended an action against the defendant to recover the down payment held in escrow that was paid by the ...

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Haidt v. Kurnath M.D.

Appellate Division, Fourth Department Relation Back Identity of Proper Parties Haidt v. Kurnath M.D. CA 11-00248 Appealed from Supreme Court, Monroe County Background: In this medical malpractice action, the defendants appealed from an order that denied their motion for summary ...

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Baity et al. v. General Electric Company

Appellate Division, Fourth Department Toxic Tort Consequential Damages Baity et al. v. General Electric Company CA 10-02322 Appealed from Supreme Court, Cayuga County Background: The plaintiffs sought to recover damages to their property arising from the discharge of toxic chemicals ...

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Vicious Propensity: Smith v. Reilly

Appellate Division, Fourth Department Vicious Propensity Actual or Constructive Knowledge Smith v. Reilly CA 10-02274 Appealed from Supreme Court, Onondaga County Background: The plaintiff brought this action when the defendant’s dog ran into the road and collided with the plaintiff’s ...

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Contract: Seneca Pipe & Paving Co. Inc. v. South Seneca Central School District et al.

Appellate Division, Fourth Department Contract Damages Seneca Pipe & Paving Co. Inc. v. South Seneca Central School District et al. CA 10-01952 Appealed from Supreme Court, Seneca County Background: The plaintiff sought damages that arose from an alleged breach of ...

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Fraud: Niagara Foods Inc. et al. v. Ferguson Electric Service Company Inc., et al.

Appellate Division, Fourth Department Fraud Negligent Misrepresentation Niagara Foods Inc. et al. v. Ferguson Electric Service Company Inc., et al. CA 11-00333 Appealed from Supreme Court, Niagara County Background: The plaintiffs brought the action to recover damages sustained as the ...

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