Appellate Division, Fourth Department Medical Malpractice Proximate Cause Swavely v. Zhou MD, et al. CA 10-02280 Appealed from Supreme Court, Onondaga County Background: The plaintiff, as executor of the estate of his mother, appealed from an order that sought to ...

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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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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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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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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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Appellate Division, Fourth Department Article 78 Medicaid Determination Zickle v. Daines MD TP 10-01858 Article 78 proceeding transferred from Supreme Court, Genesee County Background: The petitioner, a patient in a nursing facility, commenced an Article 78 proceeding that sought to ...

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Appellate Division, Fourth Department Visitation Mental Health Vieira v. Huff CAF 10-00275 Appealed from Family Court, Ontario County Background: The respondent mother appealed from the modification of an order for joint custody that gave sole legal and physical custody of ...

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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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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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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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Appellate Division, Fourth Department Workplace Injury Notice Selak v. Clover Management Inc. et al. CA 10-02139 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced the action, pursuant to New York’s Labor Law and common-law theories of negligence for ...

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Appellate Division, Fourth Department Municipal Liability Prior Written Notice Scovazzo v. Town of Tonawanda CA 10-02403 Appealed from Supreme Court, Erie County Background: The plaintiff sued the defendant when she suffered injuries from a trip and fall due to a ...

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