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Tag Archives: Fourth Department

Fourth Department – Wirth v. Liberty Mutual Insurance Company

Appellate Division, Fourth Department Insurance Contract Policy Coverage – Ordinary Usage of Terms Wirth v. Liberty Mutual Insurance Company CA 14-00139 Appealed from Supreme Court, Seneca County Background: The plaintiffs commenced an action seeking to recover under a policy of ...

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Fourth Department – People v. Martin

Appellate Division, Fourth Department Criminal Trespass Sufficiency of the Evidence People v. Martin KA 12–02178 Appealed from Supreme Court, Erie County Background: The defendant was convicted of Criminal Trespass second degree after a bench trial, and challenged the legal sufficiency ...

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Fourth Department – County’s Jurisdiction: People v. Maldonado

Appellate Division, Fourth Department – County’s Jurisdiction – Double Jeopardy   People v. Maldonado  KA 13–00307 Appealed from Supreme Court, Erie County   Background: The defendant was convicted by a jury of Grand Larceny third degree, and challenged whether the county’s ...

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Fourth Department – Ordinance: Turner v. Municipal Code Violations Bureau of City of Rochester

Appellate Division, Fourth Department – Ordinance – Void for Vagueness Turner v. Municipal Code Violations Bureau of City of Rochester CA 14-00572 Appealed from Supreme Court, Monroe County   Background: The petitioners-plaintiffs commenced a hybrid article 78 proceeding and declaratory judgment ...

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Fourth Department – Proximate Cause: Tallarico v. Kolli

Appellate Division, Fourth Department – Proximate Cause – Medical Malpractice – Jury’s Verdict   Tallarico v. Kolli CA 13-02248 Appealed Supreme Court, Niagra County   Background: The plaintiffs commenced a medical malpractice action for injuries their child received during the labor ...

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