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Tag Archives: Fourth Department

Fourth Department – Coffed v. McCarthy

Appellate Division, Fourth Department Bicycle Accident Proximate Cause – Failure to Stop at a Red Light Coffed v. McCarthy CA 14-01730 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action on behalf of the decedent seeking damages ...

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Fourth Department – Flint v. Zielinski, et al.

Appellate Division, Fourth Department Medical Malpractice Continuous Treatment – Metastasized Cancer Flint v. Zielinski, et al. CA 14-01040 Appealed from Supreme Court, Niagara County Background: The decedent commenced a medical malpractice action alleging that the defendant failed to take necessary ...

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Fourth Department – Barnaba-Hohm v. St. Joseph’s Hospital Health Center, et al.

Appellate Division, Fourth Department Motion Papers Defective – Prejudice Barnaba-Hohm v. St. Joseph’s Hospital Health Center, et al. CA 14-01642 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a medical malpractice and wrongful death action seeking damages arising ...

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Fourth Department – Burns v. Lecesse Construction Services

Appellate Division, Fourth Department  Negligence and Labor Law Subcontractors – Scope of Work Burns v. Lecesse Construction Services CA 14-01125 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a labor law and negligence action stemming from an incident ...

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Fourth Department – Town of Amherst v. Granite State Insurance Company

Appellate Division, Fourth Department Arbitration Subrogation Rights Town of Amherst v. Granite State Insurance Company CA 14-01337 Appealed from Supreme Court, Erie County Background: The plaintiff town was insured under a special excess policy issued by the defendant. Following a ...

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Fourth Department – Town of Macedon v. Village of Macedon

Appellate Division, Fourth Department Village Contracts Village Liability – Statute of Limitations Town of Macedon v. Village of Macedon CA 14-00288 Appealed form Supreme Court, Wayne County Background: The plaintiff commenced an action seeking to enjoin the defendant from terminating ...

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Fourth Department – Stone v. Neustradter

  Appellate Division, Fourth Department Bicycle Accident Proximate Cause Stone v. Neustradter CA 14-02028 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action to recover damages for injuries sustained when her bicycle collided with the bicycle of ...

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Fourth Department – Lyndaker v. Board of Education of West Canada Valley Central School District

Appellate Division, Fourth Department – Retirement Benefits Negligent Reporting of Credits – Breach of Contract Lyndaker v. Board of Education of West Canada Valley Central School District CA 14-01650 Appealed from Supreme Court, Herkimer County Background: The plaintiff, a retired ...

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Fourth Department – Klink v. Fiala

Appellate Division, Fourth Department New York State Driver’s License Relicensing – Retroactive Application of Regulations Klink v. Fiala CA 14-01656 Appealed from Supreme Court, Monroe County Background: Following the revocation of his driver’s license due to a conviction of aggravated ...

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