Please ensure Javascript is enabled for purposes of website accessibility
Home (page 178)

Tag Archives: Fourth Department

Fourth Department — Premise Liability: Starr v. Holes

Appellate Division, Fourth Department Premise Liability Landlord’s Duty to Repair Starr v. Holes CA 11-00644 Appealed from Supreme Court, Cattaraugus County Background: The plaintiff brought this action on behalf of his daughter for injuries she sustained when she fell into ...

Read More »

Fourth Department — Medical Testimony: Seawright v. Crooks and Rambo Jr.

Appellate Division, Fourth Department Medical Testimony Non-Testifying Professionals Seawright v. Crooks and Rambo Jr. CA 11-00036 Appealed from Supreme Court, Monroe County Background: The plaintiff brought an action seeking damages for injuries he sustained while a passenger in a vehicle ...

Read More »

Fourth Department — Education Law: Scro v. Board of Education of Jordan-Elbridge Central School Dist., et al.

Appellate Division, Fourth Department Education Law At-Will Employees Scro v. Board of Education of Jordan-Elbridge Central School Dist., et al. CA 11-00781 Appealed from Supreme Court, Onondaga County Background: The petitioner commenced an Article 78 proceeding alleging that the respondents ...

Read More »

Fourth Department — Contract Interpretation: O’Brien & Gere Limited, et al. v. Nextgen Chemical Processess Inc., et al.

Appellate Division, Fourth Department Contract Interpretation Service Agreement O’Brien & Gere Limited, et al. v. Nextgen Chemical Processess Inc., et al. CA 11-00776 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced an action seeking damages resulting from the ...

Read More »

Fourth Department — Kristian J.P. and Dorothy E.P. v. Jeannette I.C. and Jason M.C.

Appellate Division, Fourth Department Kristian J.P. and Dorothy E.P. v. Jeannette I.C. and Jason M.C. CAF 10-01629; CAF 10-01681 Appealed from Family Court Cattaraugus County Background: The petitioners appealed from orders that denied their petitions to enforce a visitation provision ...

Read More »

Fourth Department — Sexual Harassment: NYS Division of Human Rights et al. v. Nancy Potenza Design & Building Services, Inc. et al.

Appellate Division, Fourth Department Sexual Harassment Employer Condoning Conduct NYS Division of Human Rights et al. v. Nancy Potenza Design & Building Services, Inc. et al. TP 11-00646 Transferred from Supreme Court, Erie County Background: The petitioner New York State ...

Read More »

Fourth Department — Divorce: Myers v. Myers

Appellate Division, Fourth Department Divorce Maintenance — Sufficient Evidence Myers v. Myers CA 11-00003 Appealed from Supreme Court, Ontario County Background: The plaintiff husband appealed from the court’s maintenance award to the defendant ex-wife. Specifically, the plaintiff argued that he ...

Read More »

Appellate Division, Fourth Department — Restitution: People v. Spencer

Appellate Division, Fourth Department Restitution Waiver of Indictment People v. Spencer KA 07-02181 KA 07-00802 Appealed from Jefferson County Court Background: The defendant pleaded guilty to burglary second degree and assault second degree, which were charged in different accusatory instruments. ...

Read More »

Appellate Division, Fourth Department — Wade Hearing: People v. Gilmer

Appellate Division, Fourth Department Wade Hearing Harmless Error People v. Gilmer KA 07-01622 Appealed from Supreme Court, Erie County Background: The defendant was convicted after jury trial of first-degree robbery. He challenged the judge’s denial of an identification hearing. The ...

Read More »

Appellate Division, Fourth Department — Extension of Service: Moss v. Bathurst, et al.

Appellate Division, Fourth Department Extension of Service Good Cause — Law Office Failure Moss v. Bathurst, et al. CA 11-00743 Appealed from Supreme Court, Niagara County Background: The plaintiff brought an action to recover damages for injuries she sustained in ...

Read More »

Appellate Division, Fourth Department – Substantial Evidence: Monroe v. Fischer

Appellate Division, Fourth Department Substantial Evidence Misbehavior Reports Monroe v. Fischer TP 11-00551 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he violated inmate rules, such as stalking, ...

Read More »

Appellate Division, Fourth Department — Foreclosure: Merrill Lynch Credit Corporation v. Smith, et al.

Appellate Division, Fourth Department Foreclosure Fraud — Pleading Requirements Merrill Lynch Credit Corporation v. Smith, et al. CA 11-00729 Appealed from Supreme Court, Monroe County Background: The defendants-third-party plaintiffs purchased property from the defendants in 1997. The third-party defendants did ...

Read More »