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Tag Archives: Fourth Department

Fourth Department – Benedetti v. Erie County Medical Center Corporation

Appellate Division, Fourth Department Notice of Claim Condition Precedent – Sixth Month Extension Benedetti v. Erie County Medical Center Corporation CA 14-01855 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice action and wrongful death action ...

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Fourth Department – Accadia Site Contracting v. Skurka

Appellate Division, Fourth Department Defamation Statements Sufficiency – Defamatory Connotation Accadia Site Contracting v. Skurka CA 14-01909 Appealed from Supreme Court, Erie County Background: The plaintiff was awarded a road construction project by the City of Niagara Falls. It commenced ...

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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 ...

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Fourth Department – Manford v. Wilber

Appellate Division, Fourth Department Lead Paint Exposure Negligent Abatement – Actual or Constructive Knowledge Manford v. Wilber CA 14-01788 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action seeking damages arising from her exposure to lead paint ...

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Fourth Department – Chamberlain v. Mac Trailer Manufacturing

Appellate Division, Fourth Department Products Liability Design Defect – Expert Affidavit Chamberlain v. Mac Trailer Manufacturing CA 14-00908 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action after sustaining injuries while opening the back door of a ...

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Fourth Department – Promissory Estoppel: Zuley v. Elizabeth Wende Breast Care, et al.

Appellate Division, Fourth Department – Promissory Estoppel – Unambiguous Promise – Unjust Enrichment   Zuley v. Elizabeth Wende Breast Care, et al. CA 14-01129 Appealed from Supreme Court, Monroe County   Background: The plaintiff, a former employee of the defendant ...

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Fourth Department – Sex Offender Registration Act

Appellate Division, Fourth Department – Sex Offender Registration Act – Upward Departure People v. Sczerbaniewicz KA 14-00721 Appealed from Onondaga County Court Background: The defendant was found to be a Level III offender, high risk, under SORA. He challenged the ...

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