In Yang v. Navigators Group, a summary order decided on Dec. 22 (2016 U.S. App. LEXIS 23259), the Second Circuit Court of Appeals revived a retaliation claim and explained how the district court erred in granting summary judgment. The plaintiff ...

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Appellate Division, Fourth Department – Summary Judgment – Default – Law Office Failure   Britt v. Buffalo Municipal Housing Authority CA 13-02089 Appealed from Supreme Court, Erie County   Background: The plaintiff appealed from an order that denied her motion seeking ...

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Appellate Division, Fourth Department – Summary Judgment – Breach of Insurance Contract – Intentional Conduct Abdulnabi v. Allstate Insurance Company CA 14-00359 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages based on the defendant’s ...

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Appellate Division, Fourth Department Summary Judgment Further Discovery Resetarits Construction Corp. v. Pierce CA 13-01522 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action seeking damages for breach of contract based on the alleged failure of the ...

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The U.S. Court of Appeals for the Second Circuit does not have jurisdiction to review a magistrate judge’s order because the defendant did not consent to have his case reviewed by a magistrate judge. The Second Circuit last week vacated ...

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Appellate Division, Fourth Department Summary Judgment Premature — Complete Discovery Schlau v. City of Buffalo, et al. CA 11-01153 Appealed from Supreme Court, Erie County Background: The plaintiff, an employee of a concessionaire at the defendant HSBC Arena, commenced an ...

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Appellate Division, Fourth Department Summary Judgment Admissible Evidence Deere & Company v. M. P. Jones Companies Inc., et al. CA 11-00572 Appealed from Supreme Court, Onondaga County Background: In this breach of contract action, the defendants appealed from an order ...

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Appellate Division, Fourth Department Medical Malpractice Proximate Cause — Summary Judgment Gagnon v. St. Joseph’s Hospital, et al. CA 11-00343 Appealed from Supreme Court, Oneida County Background: The plaintiffs brought a medical malpractice action and appeal the dismissal of their ...

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U.S. District Court, WDNY False Arrest Malicious Prosecution — Summary Judgment Taylor v. Fischer, et al. 11-cv-6083L Judge Larimer Background: The pro se plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, ...

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U.S. District Court, WDNY Summary Judgment Subsequent Motion — Additional Discovery Beechwood Restorativ, et al v. Leeds, et al 02-cv-6235L Judge Larimer Background: The plaintiffs brought suit alleging the defendants had targeted the plaintiffs for closure of the plaintiff nursing ...

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U.S. Court of Appeals for the Second Circuit Summary Judgment Parties Liable Priestley v. Headminder Inc. 09-4931-cv Judges McLaughlin, Hall and Berman Background: The defendant appealed from an order that denied the defendant’s request to strike the defendant as a ...

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Appellate Division, Fourth Department Summary Judgment Proper Evidence Brown v. Smith CA 11-00168 Appealed from Supreme Court, Monroe County Background: The infant plaintiff commenced the action after sustaining injuries as a result of her exposure to lead paint while residing ...

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