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Tag Archives: Fourth Department

Fourth Department —Best Interests of the Child: Cross v. Caswell

Appellate Division, Fourth Department Best Interests of the Child Stable Home Environment Cross v. Caswell CAF 12-02281 Appealed from Family Court, Oneida County Background: The mother appealed from an order that awarded the parties joint custody of the their daughter with ...

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Fourth Department — Family Offense: Matter of Megyn J.B.

Appellate Division, Fourth Department Family Offense Harassment — Supervised Visitation Matter of Megyn J.B. CAF 12-02085 Appealed from Family Court, Monroe County Background: The respondent appealed from a two-year order of protection issued against him on behalf of his 17-year-old ...

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Fourth Department — Eminent Domain: Sicoli v. Town of Lewiston

Appellate Division, Fourth Department Eminent Domain Similarly Situated Property Owners — Pretext Sicoli v. Town of Lewiston CA 13-00924 Initiated in the Appellate Division Background: The petitioners commenced a proceeding seeking to review the respondent’s determination to condemn certain real ...

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Fourth Department — Family Court: Stearns v. Crawford

Appellate Division, Fourth Department Family Court Unrepresented Party — Refusal of Representation Stearns v. Crawford CAF 12-01312 Appealed from Family Court, Erie County Background: The father appealed from an order that granted the mother sole custody of the parties’ children. ...

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Fourth Department — Labor Law: Zarnoch v. Luckina

Appellate Division, Fourth Department Labor Law Gravity Related Injury — Open and Obvious Hazard Zarnoch v. Luckina CA 13-00824 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced a Labor Law and negligence actions after sustaining injuries while assisting ...

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Fourth Department — Insurance Contract: Lobello v. New York Central Mutual Fire Insurance Company

Appellate Division, Fourth Department Insurance Contract Statute of Limitations — Complete Discovery Lobello v. New York Central Mutual Fire Insurance Company CA 13-00012 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced a declaratory action that the insurance policy at ...

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Fourth Department — Environmental Cleanup: One Flint St. v. Exxon Mobil, et al.

Appellate Division, Fourth Department Environmental Cleanup Predecessor in Interest — Samples One Flint St. v. Exxon Mobil, et al. CA 13-00845 Appealed from Supreme Court, Monroe County Background: The plaintiffs commenced an action pursuant to article 12 of the Navigation Law seeking ...

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Fourth Department — Environmental Cleanup: Remet Corporation v. Estate of James R. Pyne, et al.

Appellate Division, Fourth Department Environmental Cleanup Indemnification Contract Provision Remet Corporation v. Estate of James R. Pyne, et al. CA 13-00594 Appealed from Supreme Court, Oneida County Background: The New York State Department of Environmental Conservation sent the plaintiff a ...

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Fourth Department — Indemnification: LHR Inc. v. T-Mobile USA

Appellate Division, Fourth Department Indemnification Contract Interpretation — Liability Limiting Language LHR Inc. v. T-Mobile USA CA 13-00751 Appealed from Supreme Court, Erie County Background: The plaintiff debt collection agency commenced an action seeking damages resulting from the defendants’ alleged ...

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Fourth Department — Res Ipsa Loquitur: Herbst v. Lakewood Shores Condominium Association

Appellate Division, Fourth Department Res Ipsa Loquitur Exclusive Control Herbst v. Lakewood Shores Condominium Association 13-00851 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action after a handrail in the stairway in the building in which she ...

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