Please ensure Javascript is enabled for purposes of website accessibility
Home (page 29)

Tag Archives: Fourth Department

Fourth Department – Circumstantial Evidence: People v. Daniels

Appellate Division, Fourth Department – Circumstantial Evidence – Robbery People v. Daniels KA 13-00422 Background: The defendant appealed from a nonjury verdict convicting him of robbery in the second degree, grand larceny in the third degree and reckless driving. The defendant ...

Read More »

Fourth Department – Defamation: Fiore v. Town of Whitestown

Appellate Division, Fourth Department – Defamation – State Official – Statements Made Within the Ambit of Duties   Fiore v. Town of Whitestown CA 14-00914 Appealed from Supreme Court, Oneida County   Background: The plaintiff-petitioner was formerly employed by the defendant-respondent ...

Read More »

Fourth Department – Motion to Vacate: Dick v. State University Construction Fund

Appellate Division, Fourth Department – Motion to Vacate – Misrepresented Fact – Defendant’s Prior Knowledge   Dick v. State University Construction Fund CA 14-01212 Appealed from Supreme Court, Oswego County   Background: The plaintiff alleged that he was injured after ...

Read More »

Fourth Department – Reckless Assault of a Child: People v. Johnson

Appellate Division, Fourth Department – Reckless Assault of a Child – Effective Assistance of Counsel People v. Johnson KA 13-01618 Appealed from Genesee County Court Background: The defendant appealed from a judgment, upon his plea of guilty, of reckless assault ...

Read More »

Fourth Department – Medical Malpractice: Black v. State of New York

Appellate Division, Fourth Department –  Medical Malpractice – Recognition of Emergency – Deviation from Standard of Care   Black v. State of New York CA 14-00317 Appealed from Court of Claims   Background: The decedent commenced an action seeking damages ...

Read More »

Fourth Department – Open Meetings Law: Brown v. Feehan

Appellate Division, Fourth Department – Open Meetings Law – Attorney-Client Privilege   Brown v. Feehan CA 14-01064 Appealed from Supreme Court, Steuben County   Background: The petitioners own a parcel of property together with an easement over adjacent property, which ...

Read More »

Fourth Department – Toxic Tort: Abbo-Bradley v. City of Niagara Falls, et al.

Appellate Division, Fourth Department – Toxic Tort – Site Samples – Privileged Information   Abbo-Bradley v. City of Niagara Falls, et al. CA 14-01158 Appealed from Supreme Court, Niagara County   Background: The plaintiffs live in an area in the ...

Read More »

Fourth Department – Labor Law: Zimmer v. Town of Lancaster Industrial Development Agency

Appellate Division, Fourth Department – Labor Law – Performance of Work – Use of a Ladder   Zimmer v. Town of Lancaster Industrial Development Agency CA 14-01132 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor ...

Read More »

Fourth Department – Property Dispute: Smith v. Stephens Media Group-Watertown

Appellate Division, Fourth Department – Property Dispute – Special Damages – Town Zoning   Smith v. Stephens Media Group-Watertown CA 13-02246 Appealed from Supreme Court, Jefferson County   Background: The plaintiffs commenced an action seeking enforcement of the Town of ...

Read More »