Appellate Division, Fourth Department Personal Injury Vicious Propensity Rockwood v. Labate CA 10-02321 Appealed from Supreme Court, Herkimer County Background: The plaintiff sued the defendant for damages resulting from a motorcycle accident when the plaintiff attempted to avoid hitting the ...

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Appellate Division, Fourth Department Child Abuse Reliability of Statements In the Mtr of Nicholas J.R. CAF 10-00914 Appealed from Family Court, Cattaraugus County Background: The respondent mother appealed from an order that determined she sexually abused her son. The mother ...

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Appellate Division, Fourth Department Termination of Parental Rights In the Matter of Cayden L.R. CA 10-01326 Appeal from Family Court, Jefferson County Background: The respondent father appealed from an order terminating his parental rights on the grounds of his mental ...

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Appellate Division, Fourth Department Insurance Law Claim Preclusion Progressive Northeastern Ins. Co. v. Farmers New Century Ins. Co. CA 10-01743 Appeal from Supreme Court, Erie County Background: The plaintiff commenced the action seeking a declaration that it is not required ...

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Appellate Division, Fourth Department Discovery Bill of Particulars — Depositions Mayer v. Hoang CA 10-02471 Appealed from Supreme Court, Erie County Background: The action was commenced when the plaintiff fell from a ladder while removing a light fixture from the ...

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Appellate Division, Fourth Department Discrimination Disparate Impact  Margerum v. City of Buffalo, et al CA 11-00157 Appealed from Supreme Court, Erie County Background: The plaintiffs, 13 firefighters employed by the defendant, sued the defendant alleging that the defendant discriminated against ...

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Appellate Division, Fourth Department Fair Labor Standards Act Portal to Portal Act Kuebel v. Black & Decker Inc. 10-2273-cv Judges Parker, Livingston and Lynch Background: The plaintiff sued on behalf of himself and others similarly situated asserting that the defendant ...

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Residents in the Cayuga County town of Aurelius may proceed with their lawsuit against General Electric Co. for contamination of their drinking water. The Appellate Division, Fourth Department has upheld a lower court’s ruling that denied GE’s motion for summary judgment to dismiss various claims.

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Appellate Division, Fourth Department Sole Custody Prior Custody Agreement Howden v. Keeler CAF 09-02206 Appealed from Family Court, Allegany County Background: The respondent mother appealed from an order granting the father’s petition seeking sole custody of the parties’ child. The ...

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Appellate Division, Fourth Department Derivative Neglect In the matter of Angel L.H. CAF 10-01520 Appealed from Family Court, Chautauqua County Background: The respondent mother appealed from an order that determined that she derivatively neglected her child. The mother contends that ...

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Appellate Division, Fourth Department Jurisdiction Labor Law Karcz, Jr. v. Klewin Building Company Inc., et al. CA 10-02385 Appealed from Supreme Court, Niagara County Background: The action was commenced when the plaintiff sustained injuries when a truss he had lifted ...

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Appellate Division, Fourth Department Law of the Case Prior Appeal Johnson v. Optometrix Inc. CA 10-02234 Appealed from Supreme Court, Monroe County Background: The plaintiffs had commenced a breach of contract action that sough the immediate possession of a retail ...

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