Emilio L. Colaiacovo
How Judge Colaiacovo decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In public-nuisance and consumer-protection suits against manufacturers of lawful products, he requires the plaintiff to show the product itself is defective or unlawful before any duty to warn or liability for third parties' independent misuse can attach, and he treats an agency's aspirational sustainability statements as non-actionable predictions rather than misrepresentations absent a concrete, unmet statutory or contractual obligation.
“Essential to demonstrating the viability of a public nuisance claim is to show that the product in question is defective or unlawful. Plaintiff has failed to demonstrate either.”
On Article 78 challenges to emergency administrative safety determinations (e.g., an emergency building-demolition order), he will not grant a preliminary injunction on a thin, conclusory record even where the public interest in preservation is significant -- he orders a fact-finding hearing narrowly targeted at whether the agency had a rational basis, rather than deciding likelihood of success on affidavits alone.
“The affidavits supplied by the parties are conclusory in nature, often resorting to highly-nuanced statements that mirror the necessary statutory language supporting the demolition. As such, a more developed record is necessary before the Court can entertain the injunctive relief Petitioner seeks.”
In arbitration-agreement disputes involving vulnerable signatories (e.g., a nursing-home resident under narcotic medication), he closely scrutinizes whether the person who signed actually had the legal authority to waive a constitutional right to a judicial forum, rather than deferring to a facially executed agreement.
“Thus, at the time of the signing, Danyelle Osika lacked the requisite authority to waive her mother's constitutional right.”
Procedural preferences
In Election Law article 16 nominating/designating-petition challenges -- an area he practiced in before taking the bench -- he holds petitioners to the statute's plain text rather than its asserted legislative purpose, and will not import a requirement (such as a mandatory resignation or waiting period) that does not appear in the enacted language.
“The Term Limits Law makes no reference to any requirement suggested by Petitioner that Respondent-Candidate resign first before running or take a respite of two years before seeking another public office.”
On petitions to vacate or confirm arbitration awards, he applies the narrow statutory vacatur grounds strictly and has both vacated and confirmed awards depending on whether the award's rationale actually conflicted with governing precedent -- one vacatur (on public-policy grounds in an employer-employee COVID-vaccine-mandate dispute) was reversed on appeal for not meeting the 'heavy burden' required in that context.
“the court concluded that the arbitrator's award violated public policy, that it was irrational, and that vacatur was in the interest of justice”
Cautions
A denial of a forum-selection-clause motion to dismiss in a commercial breach-of-contract case was unanimously REVERSED on appeal, with the Fourth Department holding the contractual Arizona forum-selection clause was prima facie enforceable and that the plaintiff's public-policy argument was really a mislabeled choice-of-law objection -- a litigant relying on the trial-level denial should know it did not survive appellate review.
“It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.”
A summary-judgment grant dismissing a treating physician from a medical malpractice action was REVERSED and the complaint reinstated against that physician, illustrating that a full summary-judgment grant in this judge's medical malpractice practice can still be overturned where the appellate court finds a genuine, triable dispute the trial-level order did not credit.
“modified on the law by denying the motion of defendant Nathaniel P. Billings, M.D. and reinstating the complaint against him”
A partial denial of a motion to dismiss in a Chautauqua County option-agreement dispute was REVERSED into a full dismissal on appeal, where the Fourth Department found the option agreement unambiguous and already expired -- a reminder that even an out-of-county assignment ruling favorable to a non-movant is not necessarily the final word.
“reversed on the law without costs, the motion is granted in its entirety, and the complaint is dismissed”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered September 1, 2023. The order denied the motion of defendant to dismiss the complaint. ... It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), dated August 22, 2024. The order denied the motion of defendant Deborah A. Buczek to strike plaintiff's notice of entry and granted plaintiff's cross-motion to confirm the Referee's Report and for a judgment of foreclosure and sale. ... It is hereby ORDERED that said appeal is unanimously dismissed without costs.”
“As such, defendants' motion to dismiss these causes of action is hereby granted. ... For the foregoing reasons, the motion is hereby granted in its entirety and the complaint is dismissed.”
“Based on the foregoing, the Respondent's motion to dismiss the 2016 and 2017 petitions is hereby GRANTED.”
“Furthermore, the Petitioner's motion for summary judgment and to amend the case caption is hereby DENIED.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered July 9, 2021. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment. ... unanimously modified on the law by granting that part of the motion seeking summary judgment dismissing the fifth cause of action and as modified the order is affirmed without costs.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered October 22, 2024. The order granted the motions of defendants insofar as they sought to dismiss the complaint. ... It is hereby ordered that the order so appealed from is unanimously affirmed without costs.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered August 1, 2023. The order denied defendants' motion to dismiss plaintiff's complaint. ... It is hereby ordered that the order so appealed from is modified on the law by granting the motion in part and dismissing the second and third causes of action, and as modified the order is affirmed without costs.”
“Accordingly, the plaintiffs' remaining causes of action are hereby DENIED. In addition, the Town's remaining causes of action are hereby DENIED. The plaintiffs' petition/complaint and amended petitions/complaints are hereby DISMISSED. In addition, the Town's complaint is similarly DISMISSED.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered September 23, 2024, in a medical malpractice action. The order, among other things, granted the motion of defendant Nathaniel P. Billings, M.D. for summary judgment dismissing the complaint against him. ... modified on the law by denying the motion of defendant Nathaniel P. Billings, M.D. and reinstating the complaint against him, and as modified the order is affirmed without costs.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered July 27, 2022. The order denied the motion of defendants for summary judgment dismissing the complaint. ... unanimously modified on the law by granting the motion in part and dismissing the complaint insofar as it seeks damages for loss of profits/business, and as modified the order is affirmed without costs.”
“Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 10, 2021. The order and judgment, among other things, granted plaintiff's motion for, inter alia, partial summary judgment. ... modified on the law by granting the motion of the remaining defendants-appellants in part and dismissing the second cause of action against those defendants-appellants and as modified the order and judgment is affirmed without costs.”
“Appeal from an order of the Supreme Court, Erie County (Emilio L. Colaiacovo, J.), entered February 4, 2019. The order, among other things, denied the petition insofar as it sought a permanent stay of arbitration. ... It is hereby ordered that the order so appealed from is unanimously affirmed without costs.”
Put Judge Colaiacovo's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Colaiacovo actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Colaiacovo's own signed orders and cites them.