Category: Appellate Division, 4th Judicial Department

4th Department: Wilk v. James

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This appeal followed the denial of defendants’ motion for summary judgment by the Supreme Court of Erie County. Plaintiff Joanne Wilk, administratrix of decedent Steven Wilk, filed a wrongful death… Read more »

4th Department: Rawlins ex rel. Rawlins v. St. Joseph’s Hosp. Health Center

This appeal addressed the time limit on discovery concerning standards of medical practice and the requirements the opposing party must meet to preclude such discovery. In the Supreme Court for… Read more »

4th Department: Pinnacle Charter Sch. v. Bd. of Regents of Univ. of State of N.Y.

In April 2012, defendant Board of Regents of the University of the State of New York (“Board of Regents”) denied the application of plaintiff Pinnacle Charter School (“Pinnacle”) to renew… Read more »

4th Department: Grace v. Law

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This appeal addressed whether a defendant waives or abandons a legal malpractice claim (1) after voluntarily discontinuing the foundational medical malpractice action, and (2) by not appealing a trial court’s… Read more »

4th Department: Burns v. Carballada

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Deborah Burns and Bruce Henry were found guilty of violating a Rochester City Code section which held that an owner of property must have a Certificate of Occupancy (“CO”), which… Read more »

4th Department: People v. Philippe

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This case involved an appeal from a conviction for three counts of criminal possession of a forged instrument in the second degree and one count of reckless endangerment in the… Read more »

4th Department: Gress v. Brown

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The New York State Legislature enacted the Buffalo Fiscal Stability Authority Act (“the Act”) in 2003 to respond to Buffalo’s regular and “untenable” reliance upon state aid to stabilize its… Read more »

4th Department: Williams v. Beemiller

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The plaintiff, Daniel Williams, sought damages for injuries sustained after a shooting in 2003 during which he was mistaken for a member of a rival high school gang by the… Read more »