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Tag Archives: Third Department

Workers’ Compensation: Matter of Quagliata v. Starbucks Coffee

Appellate Division, Third Department Workers’ Compensation Pretrial Conference Statements — Filing Matter of Quagliata v. Starbucks Coffee 510178 Appealed from the Workers’ Compensation Board Background: This appeal is from decisions which ruled that the workers’ compensation claimant, a Starbucks manager, ...

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Environmental Law: Matter of Veltri v. New York State Office of State Comptroller

Appellate Division, Third Department Environmental Law Strict Liability — Discharges — Underground Tanks Matter of Veltri v. New York State Office of State Comptroller 2011 N.Y. Slip Op. 00761 Article 78 Proceeding; Supreme Court, Albany County Background: A landowner brought ...

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Unemployment Benefits: Matter of Sealey v. Commissioner of Labor

Appellate Division, Third Department Unemployment Benefits Violations of Company Policy Matter of Sealey v. Commissioner of Labor 510148 Appealed from the Unemployment Insurance Appeal Board Background: The claimant was employed as a customer service agent for a commercial airline company ...

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Banking: Lawyers’ Fund for Client Protection of the State of New York v. JP Morgan Chase Bank N.A.

Appellate Division, Third Department Banking Fiduciary Duty — Subrogation Lawyers’ Fund for Client Protection of the State of New York v. JP Morgan Chase Bank N.A. 510339 Appealed from Supreme Court, Albany County Background: The plaintiff has the statutory purpose ...

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Easements: Burgher v. AF III Properties, LLC

Appellate Division, Third Department Easements Burgher v. AF III Properties LLC 510153 Appealed from Supreme Court, Otsego County Background: The plaintiffs operate an automotive repair shop that is located on property immediately adjacent to a shopping center owned by the ...

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Breach of Contract: Keehle v. Diocese of Syracuse

Appellate Division, Third Department Breach of Contract Continuing Employment — Employment Benefits Keehle v. Diocese of Syracuse 510080 Appealed from Supreme Court, Broome County Background: The plaintiff began her employment as a teacher for defendant Diocese of Syracuse in 2004 ...

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Double Jeopardy: People v. Wystozaly

Appellate Division, Third Department Double Jeopardy Prosecutorial Withdrawal of Accepted Plea Offer People v. Wystozaly 103096 Appealed from Supreme Court, Otsego County Background: Following his April 2008 arrest, the defendant was charged by felony complaint with driving while intoxicated. When ...

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Premises Liability: Black v. Kohl’s Department Stores Inc.

Appellate Division, Third Department Premises Liability Department Stores — Customer-Misplaced Items Black v. Kohl’s Department Stores Inc. 509775 Appealed from Supreme Court, Albany County Background: The plaintiff commenced this personal injury action after tripping and falling in the defendant’s store. ...

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