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Tag Archives: Fourth Department

Fourth Department – Hain v. Jamison

Appellate Division, Fourth Department Negligence Farm Animal – Contribution to Motor Vehicle Accident Hain v. Jamison CA 14-02093 Appealed from Supreme Court, Steuben County Background: The plaintiff, on behalf of the decedent, commenced a personal injury and wrongful death action ...

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Fourth Department – Concrete Applied Technologies Corporation v. County of Erie

Appellate Division, Fourth Department Public Works Project Bids – Mistaken Bid Rebid – Contractor Participation in Rebid Concrete Applied Technologies Corporation v. County of Erie CA 15-00856 Appealed from Supreme Court, Erie County Background: The petitioner commenced an article 78 ...

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Fourth Department – Canandaigua Emergency Squad, et al v. Rochester Area Health Maintenance Organization

Appellate Division, Fourth Department Insurance Reimbursement – Recoup Offset Monetary Demand in Nature – Preclusion of Evidence Canandaigua Emergency Squad, et al v. Rochester Area Health Maintenance Organization CA 14-01763 Appealed from Monroe County, Supreme Court Background: The plaintiffs are ...

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Fourth Department – Clark Bono Roofing & Construction Company v. Nord Bitumi U.S.

Appellate Division, Fourth Department  Express Warranty Proper Party Entitled to Relief Clark Bono Roofing & Construction Company v. Nord Bitumi U.S. CA 13-01672 Appealed from Supreme Court, Erie County Background: The plaintiff installed roofs on three commercial buildings in 1983 ...

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Fourth Department – Swatland v. Kyle and Trugreen Limited Partnership

Appellate Division, Fourth Department Past and Future Pain and Suffering Material Deviation from Reasonable Compensation Swatland v. Kyle and Trugreen Limited Partnership CA 15-00092 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries ...

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Fourth Department – Vari v. Capitano, et al.

Appellate Division, Fourth Department Motor Vehicle Accident Comparative Negligence – Rear-End Collision Vari v. Capitano, et al. CA 14-02094 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a consolidated personal injury action for injuries sustained in two separate ...

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Fourth Department – People v. Brahney

Appellate Division, Fourth Department Intentional Murder Extreme Emotional Disturbance People v. Brahney KA 13-01456 Appealed from Cayuga County Court Background: Defendant was convicted of intentional and felony murder, as well as burglary and criminal contempt, in relation to the death ...

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Fourth Department – People v. Martinez

Appellate Division, Fourth Department Sex Offense Recantation People v. Martinez KA 13-02053 Appealed from Supreme Court, Monroe County Background: Defendant was convicted after a trial of rape 1st degree, involving his daughter. He brought a motion under CPL article 440 ...

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Fourth Department – Matter of Arkadian S.

Appellate Division, Fourth Department Family Court Order Vacatur – Third-party Rights Matter of Arkadian S. CAF 14-00273 Appealed from Family Court, Cayuga County Background: The respondents appealed from an order denying the respondent mother’s motion to vacate various prior orders ...

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Fourth Department – Matter of Town of Scriba

Appellate Division, Fourth Department Arbitration Authority Specificity of Limitation Matter of Town of Scriba CA 14-01996 Appealed from Supreme Court, Oswego County Background: The respondent-petitioners appeal from an order granting the application of the petitioner-respondent to vacate an arbitration award. ...

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Fourth Department – Carlson v. American International Group, et al.

Appellate Division, Fourth Department Insurance Law Issued and Delivered in New York Carlson v. American International Group, et al. CA 13-01599 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action pursuant to Section 3420 of the Insurance ...

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