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31 May 2023, 6:30 am by Guest Blogger
The second half of the nineteenth century saw repeated waves of distress in Midwestern and Western cities and counties. [read post]
29 May 2023, 11:00 pm
Jackson slipped, and sustained fall related injuries, she filed suit against the parties that “owned or operated” the property in question.When the defendants sought pre-trial relief, and asked that the case be dismissed, the Erie County Supreme Court denied that request, and an appeal to the Appellate Division, Fourth Department, followed.While the defendants had asserted that they were protected by the “storm-in-progress” rule, the AD4… [read post]
23 May 2023, 4:40 am
Judge Geary of the Somerset County Court of Common Pleas noted that, although the Plaintiffs were relying upon the case of Gallagher v. [read post]
23 May 2023, 2:00 am
., in Erie County Supreme Court, alleging childhood sexual abuse, M.O. filed a motion to dismiss the litigation claiming that F.G. had signed a general release in a disparate matter which excused him from liability for these claims. [read post]
9 May 2023, 5:00 am
MOTHER KICKED HER KID’S @SS OVER THE TRASHAfter the Erie County Family Court found she had used excessive corporal punishment and thus neglected her child, the mom appealed.On its review the Appellate Division, Fourth Department, reiterated that “the infliction of excessive corporal punishment constitutes neglect,” and that a single incident can be “sufficient,” even if the injuries do not require medical attention.Here, the mother erupted… [read post]
3 May 2023, 11:00 pm
When Ryan later filed suit in Erie County Supreme Court, he sued Estes claiming that the company had allowed the dangerous condition to exist on its property.When Estes sought to have so much of the case that had been brought against it dismissed -- claiming it was an “out-of-possession” landlord that had only limited responsibility for the structure’s maintenance -- a Erie County justice ultimately denied that request.On an appeal, the… [read post]
22 Mar 2023, 5:00 am
But when the Erie County Supreme Court granted the homeowners’ pre-trial request for relief in their favor, and dismissed the case, an appeal followed.On its review, the Appellate Division, Fourth Department, noted that the defendants had met their burden of proving there was “no dangerous or defective condition” which existed at the property, and that the stoop complied “with the applicable codes. [read post]
21 Mar 2023, 5:00 am
And when the Erie County Supreme Court sided with the Town, and dismissed the plaintiffs’ case, an appeal followed.On its review of the record, the Appellate Division, Fourth Department, noted that the language of the grievance procedure unequivocally applied to an “employee,” who first had to file a written grievance with their department head. [read post]
15 Mar 2023, 11:00 pm
After Ryan Foote filed a motor vehicle collision case with the Erie County Supreme Court, he claimed he moved for summary judgment -- seeking a pre-trial finding of negligence -- in his favor.Apparently, Foote sought damages for injuries he incurred after he was rear-ended by a vehicle driven by James March, and owned by Huber & Huber, Inc. [read post]
19 Feb 2023, 9:01 pm by Joseph Margulies
And if the Court opened that door, we know perfectly well who would be pushed through. [read post]
16 Feb 2023, 1:18 pm by Patricia Salkin
Appellants, Douglass Ebner, 2253 Cedar Point LLC, and 2243 Cedar Point LLC appealed the judgment of the Erie County Court of Common Pleas, which granted summary judgment in favor of appellee, the City of Sandusky, on Ebner’s counterclaims that Sandusky Ordinance Nos. 12-107 and 17-088 were invalidly enacted and were unconstitutional. [read post]
19 Jan 2023, 3:48 am by SHG
After all, even the former Erie County Clerk could count to ten and figure out that she lacked the numbers to vote him out of committee. [read post]
6 Jan 2023, 7:00 am by Second Circuit Civil Rights Blog
At this link, I discuss a case from Erie County dealing with a developmentally-disabled woman who was killed by family members after Child Protective Services and Adult Protective Services had dismissed prior reports of abuse toward the victim. [read post]