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Tag Archives: Supreme Court

Supreme Court, Monroe County — Ineffective Assistance of Counsel: People v. McNeil

Supreme Court, Monroe County Ineffective Assistance of Counsel Alibi Defense People v. McNeil 05-0965 Justice Affronti Background: Following a jury trial, the defendant was found guilty of two counts of assault and criminal possession of a weapon. The defendant sought an ...

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Judge Donofrio fundraiser

The friends of Judge Gail Donofrio will host a fundraiser to support her candidacy for Supreme Court justice in the eight-county Seventh Judicial District. The event will begin at 5:30 p.m. March 1 at Max Restaurant, 22 Gibbs St., Rochester. ...

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Supreme Court, Monroe County — Expert Witness: People v. Norstrand

Supreme Court, Monroe County Expert Witness Eyewitness Identification People v. Norstrand 2011-0262 Justice Valentino Background: The defendant was charged with leaving the scene of an accident that resulted in a death, as well as falsely reporting the incident in connection ...

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Supreme Court, Monroe County — Prejudgment Interest: Lehning v. Lehning

Supreme Court, Monroe County Prejudgment Interest Maintenance Awards Lehning v. Lehning 2008/17596 Justice Dollinger Background: Both parties had brought motions regarding a consent order requiring the husband to pay maintenance. The maintenance order was dated 2009 and the husband owed ...

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Supreme Court, Monroe County — Zoning: 846 LPR LLC and Bryant & Stratton College Inc v. Town Board of the Town of Greece

Supreme Court, Monroe County Zoning Health and Safety — Increased Traffic, Lighting and Noise 846 LPR LLC and Bryant & Stratton College Inc v. Town Board of the Town of Greece 11/11393 Justice Polito Background: The petitioner brought an Article ...

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Prejudgment interest OK’d for unpaid maintenance

An unique issue involving the addition of interest to an unpaid maintenance award came to light in the recent Supreme Court, Monroe County decision of Lehning v. Lehning, Index # 2008/17596 (2012). In the matrimonial case involving enforcement of a ...

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Supreme Court, Wayne County — Assumption of Risk: Zerniak v. Davis

Supreme Court, Wayne County Assumption of Risk Negligent Entrustment with a Dangerous Instrumentality Zerniak v. Davis 71034 Justice Kehoe Background: The action arose from an incident that occurred at the residence own by the defendant. The plaintiff, a minor child, ...

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Supreme Court, Erie County: Thomas J. Kennedy v. South Buffalo Railway Co.

Supreme Court, Erie County Thomas J. Kennedy v. South Buffalo Railway Co. Docket No. 2007-6115 Background: The plaintiff, a union electrician, collided with a South Buffalo Railway Co. locomotive after leaving his worksite at the Steel Winds windmill project on ...

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Supreme Court, Erie County — Credit Card Debt: FIA Card Services, N.A. v. Mahoney

Supreme Court, Erie County Credit Card Debt Creditor Standing FIA Card Services, N.A. v. Mahoney 2009/1163 Justice Dadd Background: The plaintiff brought suit to recover monies from a loan made through a credit card issued to the defendant. Specifically, the ...

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Supreme Court, Monroe County — Temporary Maintenance: Salai v. Salai

Supreme Court, Monroe County Temporary Maintenance Calculations — Unjust Award Salai v. Salai 2011/00041 Justice Fisher Background: The plaintiff wife moved for a temporary spousal maintenance. The plaintiff’s ex-husband is an attorney and did not object to the payment of maintenance, ...

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