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Tag Archives: Fourth Department

Fourth Department – Breach of Contract: Nothnagle Home Securities Corp. v. Bruckner, Tillet, Rossi, Cahill & Associates

Appellate Division, Fourth Department – Breach of Contract – Negligent Appraisal – Six-Year Statute of Limitations   Nothnagle Home Securities Corp. v. Bruckner, Tillet, Rossi, Cahill & Associates CA 14-01237 Appealed from Supreme Court, Monroe County   Background: The plaintiff ...

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Fourth Department – Consecutive Sentences: People v. Orth

Appellate Division, Fourth Department – Consecutive Sentences – Illegal Sentences People v. Orth KA 14-00503 Appealed from Supreme Court, Erie County Background: The defendant pleaded guilty to three misdemeanors: petit larceny, resisting arrest and DWI. He was sentenced to consecutive ...

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Fourth Department – Predatory Sexual Assault: People v. Jefferson

Appellate Division, Fourth Department – Predatory Sexual Assault – Multiplicitousness People v. Jefferson KA 10–01790 Background: The defendant was convicted after jury trial of two counts of predatory sexual assault and other felonies. Among the issues he raised on appeal ...

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Fourth Department – Serious Injury: Gawron v. Town of Cheektowaga

Appellate Division, Fourth Department – Serious Injury – Issue of Fact – Preexisting Injury   Gawron v. Town of Cheektowaga CA 14-01344 Appealed from Supreme Court, Erie County   Background: The plaintiffs commenced an action after their vehicle was struck by ...

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Fourth Department – Workers Compensation Lien: Klem v. Special Response Corporation

Appellate Division, Fourth Department – Workers Compensation Lien – Settlement of Third-party Action   Klem v. Special Response Corporation CA 13-01879 Appealed from Supreme Court, Steuben County   Background: The plaintiff commenced an action after she injured her ankle in the ...

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