Category: Appellate Division, 4th Judicial Department

Liberty Affordable Housing Inc. v. Maple Court Apartments 0

Liberty Affordable Housing Inc. v. Maple Court Apartments

In this appeal, the Fourth Department examined whether the Court of Appeals decision in Rovello v. Orofino Reality Co., which held that under New York Civil Practice Law and Rules 3211(a)(7) “‘summary dismissal is...

LM Bus. Assocs., Inc. v. State of New York 0

LM Bus. Assocs., Inc. v. State of New York

The State Insurance Fund, the State Police, and the Workers’ Compensation board investigated Mark Boerman for fraudulent activities. During the investigation, the State Police were granted a search warrant and searched the claimants’ offices...

Capretto v. City of Buffalo 0

Capretto v. City of Buffalo

This appeal arises from an action in which plaintiff sought damages for injuries she sustained when she tripped and fell as a result of broken concrete located in the driveway portion of a sidewalk....

In re JP Morgan Chase Bank, N.A. 0

In re JP Morgan Chase Bank, N.A.

This appeal addresses a motion to dismiss based on a breach of fiduciary duty claim. In 1983, Lucy Gair Gill’s will established a trust for the benefit of her daughter, Mary Gill Roby and...

Jones v. Town of Carroll 0

Jones v. Town of Carroll

This appeal addressed the application of Town laws to Plaintiff’s land. In 1984, Plaintiff, Carol Jones (“Jones”), obtained a special use permit from Defendant, the Town of Carroll, allowing her to develop a construction...

Town of Amherst v. Weiss 0

Town of Amherst v. Weiss

This appeal addresses the tolling of the statute of limitations in a legal malpractice action under the continuous representation doctrine. This appeal also considers whether an attorney who was hired by the Defendant-attorney to...

Harwood v. Addison 0

Harwood v. Addison

This appeal concerns the termination of employment of a public employee. The Petitioner, Brenda Harwood, served as a senior account clerk typist in the City of Watertown’s Parks and Recreation Department. After a twenty-nine...

Foots v. Consol. Bldg. Contrs., Inc. 0

Foots v. Consol. Bldg. Contrs., Inc.

This is an appeal and cross-appeal from three summary judgment rulings in a personal injury action. The plaintiff, James Foots, was an employee of the lessee, Sodexho, a commercial laundry business. As part of...

Spoleta Construction, LLC v. Aspen Ins. UK Ltd. 0

Spoleta Construction, LLC v. Aspen Ins. UK Ltd.

This case on appeal concerns the notice provision of an insurance policy covering a third party contracted employee. The plaintiff in this case, Spoleta Construction, LLC, contracted defendant Hub-Langie Paving, Inc., to complete paving...

Bish v. Odell Farms P’ship 0

Bish v. Odell Farms P’ship

This appeal addresses the interpretation of NY Labor Law § 240(1) and NY Labor Law § 241(6). The plaintiff, Robert Bish, was a cement truck driver who was injured following a slip and fall...