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  • Mary T. Heltz v. Bruce S. Barratt And Erie Logistics, LLC

    Publication Date: 2014-03-28
    Practice Area:
    Industry:
    Court: SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT
    Judge: J.P., Peradotto, Lindley, Sconiers, And Whalen, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-01101

    Personius Melber LLP, Buffalo (Scott R. Hapeman Of Counsel), For Plaintiff-Appellant.Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski Of Counsel), For Defendants-Respondents.A

  • IN RE COLORADO ENERGY MANAGEMENT, LLC, pet-res, CENTENNIAL ENERGY HOLDINGS, INC., Petitioner-Intervenor-res, v. LEA POWER PARTNERS, LLC, res-res

    Publication Date: 2014-02-24
    Practice Area:
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    Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    Judge: Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse, Gische, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11100-11101

    11100-11101. IN RE COLORADO ENERGY MANAGEMENT, LLC, pet-res, CENTENNIAL ENERGY HOLDINGS, INC., Petitioner-Intervenor-res, v. LEA POWER PARTNERS, LLC, res-res — Paul Hastings, LLP, Washi

  • Bailey v. Moten

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Vernon M. Strickland Holland & Knight LLP, Atlanta, for appellant. Ronald H. Harwell Harwell, Brown & Harwell PC, Orville Shepherd and Graylin C. Ward, Newnan, for appellee.
    for defendant:
    Case Number: S11A01260

    The deed upon which the appellant relied in her quiet title suit did not convey an interest in the property in question, because the deed's description and the referenced plat included only her hous

  • Simmons v. Community Renewal and Redemption

    Publication Date: 2009-10-30
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert L. Simmons Simmons & Simmons, Atlanta, for appellant.
    for defendant: Barry L. Zimmerman Zimmerman & Assocs., Norcross, for appellees.
    Case Number: S09A1221

    The appellant's entry onto the vacant lot adjacent to his property could never ripen into prescriptive title by adverse possession, because he entered the lot knowing that it did not belong to him a

  • Walker v. Sapelo Island Heritage Auth.

    Publication Date: 2009-04-10
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Donald O. Nelson, Townsend, for appellant.
    for defendant: . John E. Bumgartner and Steven G. Blackerby Brown, Readdick, Bumgartner, Carter, Strickland & Watkins LLP, Brunswick, for appellees.
    Case Number: S08A1608

    A question of material fact remained as to whether the plaintiffs possessed a 3.8-acre tract of real property on Sapelo Island in McIntosh c

  • Steinichen v. Stancil

    Publication Date: 2008-11-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S08A0938

    The appellee acquired title to a rectangular-shaped piece of real property measuring 25 feet by 75 feet in Hoschton by adverse posse

  • Double "D" Bar "C" Ranch v. Bell

    Publication Date: 2008-03-21
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1819

    The appellant's claim of adverse possession to a 25.09-acre parcel of land failed, since the appellant did not show that it cultivated or built upon the land or enclosed or excluded others from

  • Crawford v. State

    Publication Date: 2004-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thomas H. Dunn Georgia Resource Ctr., Atlanta, and Mark E. Olive, Tallahassee, Fla., for appellee. William T. McBroom III, District Attorney, Griffin, Thurbert E. Baker, Attorney General, and Susan B. Boleyn, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A0589

    An appeal from the denial of a motion for DNA testing must be made by application for discretionary review when the motion is made as part of an extraordinary motion for new

  • Hartwell R.R. Co. v. Barnes

    Publication Date: 2003-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Allan R. Ramsay McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellant.
    for defendant: William C. Berryman Jr. McLeod, Benton, Begnaud & Marshall LLP, Athens, for appellees.
    Case Number: S02A1439

    The special master clearly erred in failing to consider whether a railroad bed belonging to the railroad's predecessor-in-interest and the 100-foot strips of land on either side of the railroad bed

  • Cooley v. McRae

    Publication Date: 2002-09-27
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Ziva P. Bruckner and E. Freddie Sanders Capers, Dunbar, Sanders & Bruckner, Augusta, for appellant.
    for defendant: . James C. Overstreet Jr. Scott J. Klosinski PC, Augusta, and John P. Wills Fowler & Wills, Thomson, for appellee.
    Case Number: S02A0679

    Plaintiffs acquired adverse possession of disputed property through their open and continuous use from at least