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Tag Archives: Fourth Department

Fourth Department — Workers’ Compensation Board Levy Deficit Assessments: Riccelli Enterprises, Inc., et al. v. State of NY Workers’ Compensation Board

Appellate Division, Fourth Department Workers’ Compensation Board Levy Deficit Assessments Stay — Imminent Harm Riccelli Enterprises, Inc., et al. v. State of NY Workers’ Compensation Board CA 13-00761 Appealed from Supreme Court, Onondaga County Background: The respondents appealed from an ...

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Fourth Department — Legal Malpractice: Priola v. Fallon, et al.

Appellate Division, Fourth Department Legal Malpractice Continuous Representation Doctrine Priola v. Fallon, et al. CA 13-00391 Appealed from Supreme Court, Onondaga County Background: The plaintiff appealed from the dismissal of his legal malpractice action. He argues that the court erred ...

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Fourth Department — Labor Law: Piotrowski v. McGuire Manor, Inc.

Appellate Division, Fourth Department Labor Law Extended Sole Proximate Cause — Jury Charge Piotrowski v. McGuire Manor, Inc. CA 13-00856 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law and negligence action after he fell from ...

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Fourth Department — Court of Claims: Mosley v. State of New York

Appellate Division, Fourth Department Court of Claims Notice of Claim — Specificity Mosley v. State of New York CA 13-01780 Appealed from Court of Claims Background: After being injured in a slip and fall outside the Orleans Correctional Facility, the ...

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Fourth Department — Conversion: Hillcrest Homes v. Albion Mobile Homes

Appellate Division, Fourth Department Conversion Mobile Home Park Tenancy Hillcrest Homes v. Albion Mobile Homes CA 13-01384 Appealed from Supreme Court, Orleans County Background: The plaintiff commenced an action alleging conversion and violations of section 233 of the Real Property ...

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Fourth Department — Trip and Fall: Lupa v. City of Oswego

Appellate Division, Fourth Department  Trip and Fall Defective Condition — Trivial and Non-Actionable Lupa v. City of Oswego CA 13-01020 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced an action after she tripped and fell on the elevated ...

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Fourth Department — Motor Vehicle Accident: Gawron v. Town of Cheektowaga

Appellate Division, Fourth Department  Motor Vehicle Accident Vehicle & Traffic Law 1103 — Work on a Highway Gawron v. Town of Cheektowaga CA 13-01534 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after being injured in ...

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New trial granted for defendant who ignored counsel’s advice

It was up to defense counsel, not the defendant, to seek a jury charge on lesser-included offenses in a Niagara County assault case, the Appellate Division, Fourth Department ruled Friday. The higher court overturned the second-degree assault conviction of Germaine ...

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Fourth Department — State Trooper: Franklin v. D’Amico

Appellate Division, Fourth Department State Trooper Misconduct — Substantial Evidence Franklin v. D’Amico TP 13-01542 Transferred from Supreme Court, Erie County Background: A former New York State Trooper commenced a CPLR article 78 proceeding seeking to annul a determination finding ...

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