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Tag Archives: Fourth Department

Fourth Department — Property Damage: Villafrank v. Ross, et al.

Appellate Division, Fourth Department Property Damage Water Damage — Expert Testimony Villafrank v. Ross, et al. CA 13-02037 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced an action seeking an injunction and damages based on the defendants’ alleged ...

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Fourth Department — Pistol Permit: Parker v. Hon. Douglas A. Randall

Appellate Division, Fourth Department Pistol Permit Denial — Opportunity to Respond Parker v. Hon. Douglas A. Randall OP 13-02006 Initiated in the Appellate Division, Fourth Department Background: The petitioner commenced an article 78 proceeding seeking to annul the determination denying ...

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Fourth Department — Motion for Summary Judgment: State Bank of Texas v. Kaanam LLC

Appellate Division, Fourth Department Motion for Summary Judgment Proper Notice — Return Date State Bank of Texas v. Kaanam LLC CA 13-01125 Appealed from Supreme Court, Chautauqua County Background: The defendants, personal guarantors of a mortgage note at issue, appealed ...

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Fourth Department — Insurance Law: Nick’s Garage, Inc. v. Liberty Mutual Fire Ins. Co.

Appellate Division, Fourth Department Insurance Law Standing — Strangers to the Insurance Policy Nick’s Garage, Inc. v. Liberty Mutual Fire Ins. Co. CA 13-01497 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced actions in quantum meruit to recover ...

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Fourth Department — Labor Law — Agency: Krajnik v. Forbes Homes, et al.

Appellate Division, Fourth Department  Labor Law — Agency Common-law Negligence — Subcontractor — Unreasonable Risk of Harm Krajnik v. Forbes Homes, et al. CA 13-02209 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a labor law action after ...

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Fourth Department — Zoning Code: Graf v. Town of Livonia

Appellate Division, Fourth Department Zoning Code Project Completion — Mootness Graf v. Town of Livonia CA 13-02066 Appealed from Supreme Court, Livingston County Background: The petitioners commenced an article 78 proceeding seeking to annul a determination that the sawmill project ...

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Fourth Department — Motor Vehicle Accident: Hauber-Malota v. Philadelphia Insurance Companies

Appellate Division, Fourth Department  Motor Vehicle Accident SUM Benefits — Workers’ Compensation Hauber-Malota v. Philadelphia Insurance Companies CA 13-01535 Appealed from Supreme Court, Erie County Background: The plaintiff was injured in a car accident as a passenger in a vehicle ...

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Fourth Department —Breach of Contract: General Motors v. B.J. Muirhead Co.

Appellate Division, Fourth Department Breach of Contract Insurance Coverage General Motors v. B.J. Muirhead Co. CA 13-01580 Appealed from Supreme Court, Erie County Background: The plaintiff and defendant entered into an agreement whereby the defendant would provide certain maintenance services ...

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Fourth Department — Breach of Contract: General Motors v. B.J. Muirhead Co.

Appellate Division, Fourth Department Breach of Contract Insurance Coverage General Motors v. B.J. Muirhead Co. CA 13-01580 Appealed from Supreme Court, Erie County Background: The plaintiff and defendant entered into an agreement whereby the defendant would provide certain maintenance services ...

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Fourth Department — Motor Vehicle Accident — Expert Testimony: Gates v. Longden

Appellate Division, Fourth Department Motor Vehicle Accident — Expert Testimony Serious Injury — Permanent Consequential Loss Gates v. Longden CA 13-02081 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after suffering injuries in a motor vehicle ...

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Fourth Department — Motor Vehicle Accident: Colangelo v. Marriott, et al.

Appellate Division, Fourth Department Motor Vehicle Accident Emergency Doctrine — Negligent Maintenance of Vehicle Colangelo v. Marriott, et al. CA 13-02128 Appealed from Supreme Court, Oneida County Background: The plaintiff’s minivan in the right eastbound lane came to a stop ...

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Fourth Department — Contract Interpretation: Dipizio Construction Company v. Erie Canal Harbor Development

Appellate Division, Fourth Department Contract Interpretation Extrinsic Evidence Dipizio Construction Company v. Erie Canal Harbor Development CA 13-02032 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an article 78 proceeding contending that the defendant had breached its contract ...

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