Appellate Division, Third Department Workers’ Compensation Personal Injury Settlements — Notice to Carrier Matter of Wojciechowski v. First Cardinal LLC 508839 Appealed from Supreme Court, Rensselaer County Background: This appeal by the claimant is from an order that denied an ...

Tagged with: Appellate Division Third Department Workers’ Compensation

Appellate Division, Third Department Standing Jurisdiction — Improper Plaintiff Kruger v. State Farm Mutual Automobile Insurance Co. 510173 Appealed from Supreme Court, Ulster County Background: This appeal is from an order that granted the defendant’s motion for summary judgment dismissing ...

Tagged with: Appellate Division jurisdiction Standing Third Department

Appellate Division, Third Department Workers’ Compensation Determination of Causation Matter of Pavone v. Advance Auto Parts 508833 Appealed from the Workers’ Compensation Board Background: This appeal is from a decision that ruled that claimant sustained a causally related occupational disease. ...

Tagged with: Appellate Division Third Department Workers’ Compensation

Appellate Division, Third Department Workers’ Compensation Determination of Causation Matter of Pavone v. Advance Auto Parts 508833 Appealed from the Workers’ Compensation Board Background: This appeal is from a decision that ruled that claimant sustained a causally related occupational disease. ...

Tagged with: Appellate Division Third Department Workers’ Compensation

Appellate Division, Third Department   Premises Liability Workers’ Compensation Law — Third Party Landlords Bush v. Mechanicville Warehouse Corp. 509442 Appealed from Supreme Court, Saratoga County Background: On March 4, 2005, the plaintiff sustained severe injuries during the course of ...

Tagged with: Appellate Division premises liability Third Department

Appellate Division, Third Department   Guilty Pleas Right to Appeal — Knowing Waiver People v. Mosher 102835 Appealed from County Court, Saratoga County Background: After the defendant started a fire in the domestic violence shelter where she was residing, she ...

Tagged with: Appellate Division Right to Appeal Third Department

Appellate Division, Third Department Pollution Control Ground Contamination — Strict Liability State of New York v. C.J. Burth Services Inc. 508049 Appealed from Supreme Court, Albany County Background: Defendants Carlton J. Burth and James G. Stasaitis Jr. own real property ...

Tagged with: Appellate Division Third Department

Appellate Division, Third Department Real Property Sales First Refusal Options — Foreclosure Huntington National Bank v. Cornelius 508795 Appealed from Supreme Court, Columbia County Background: In September 1991, A. Michael Krieger purchased from defendant Victor Cornelius a one-half interest in ...

Tagged with: Appellate Division foreclosure Third Department

Appellate Division, Third Department Public Employees Termination — Notice of Appeal Matter of Blake v. Mills 509788 Article 78 Proceeding; Supreme Court, Albany County Background: In 2006, the petitioner, then a principal in the New York City School District, was ...

Tagged with: Appellate Division notice of appeal public employees termination Third Department

Appellate Division, Third Department Premises Liability Out-of-Possession Landowner Lockwood v. Layton 509716 Appealed from Supreme Court, Otsego County Background: The plaintiff was injured in the aftermath of a fight that occurred in the parking lot of the Country Rock Café, ...

Tagged with: Appellate Division premises liability Third Department

Appellate Division, Third Department Falsifying Business Records Evidence People v. Houghtaling 102587 Appealed from County Court, Albany County Background: From 1998 to 2005, the defendant, together with family members and others, allegedly engaged in an elaborate scheme whereby they intentionally ...

Tagged with: Appellate Division evidence Third Department

Appellate Division, Third Department Labor Law Scaffold Law — Definition of ‘Scaffold’ Johnson v. The Small Mall LLC 509963 Appealed from Supreme Court, Broome County Background: The plaintiff was injured while repairing roof trusses in the defendant’s building. To reach ...

Tagged with: Appellate Division Labor Law Scaffold Law Third Department