Letter Ruled Appealable, A Further Relaxation of CPLR 5512 

Amendment to Recent Appellate Practice Column _

Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

CPLR 5511, Relief to Nonparties, to a Nonappealing Child

General Rules and Their Exceptions in Appellate Procedure

Noncompliance with CPLR 2215: Is Denied Relief Appealable?l

Does Supreme Court Have Discretion to Disregard an Appellate Order to Enter Judgment?

Another Flawed Article by an Out-of-State Writer

Are Multiple Preservations Necessary, Redux?

Preservation: Constitutional Issues, Is an Entity a Professional for Malpractice Purposes

‘T.H. v. M.B.,’ Judiciary Law §753(3) and Child Support, Caveat Counsel

Motion to Disqualify Opposing Counsel, Raising the Rights of Another

Precatory Language in Agreements Encourage Settlements Are Not Agreements to Agree

Abandonment and Waiver of Issues on Appeal

Who May Raise Arguments Deemed Permissible for First Time on Appeal?

New York Has Numerous Protections for Children

Opalinski, CPLR 2221(e)(2), Postjudgment Motions to Renew, Finality, Appeals

Exception to the Mootness Rule: Article 78, Compelling Timely Family Court Determinations

Column Misrepresented New York Law

Infidelity Clauses, in New York, Liquidated Damages, Public Policy, Tort, Parts I and II

Shah, Parallel Trials, Different Theories and Judgments, Finality and Appealbility

Mussmacher, Fourth Department, Limitations Period of Enforcement of Marital Agreements, Redux, Parts I and II

Citibank v Kerszko, A Trifecta of Novel Issues and Determinations Parts I and II

Court of Appeals Settles ‘Cured Acknowledgment’, Parts I and II

General and Specific Objections on Appeal, Parts I, II

CPLR 213(2), Judicial Breach of Public Policy, Parts I & II

CPLR 2104 v. DRL 236B(3), A 37-Year Departmental Rift, Part I – Part III

Mootness, A Motion for an Expedited Post-Deprivation Hearing in Family Court

The Fugitive Disentitlement Doctrine in Civil and Family Law Appeals

“Weeks,” Injunctive Relief, 2021

Appeals from In-Limine Orders, Parts I & II

Memorandum of Law in the Record on Appeal, Letter Briefs

Burden of Proof to Challenges to Prenuptial Agreements in the First Department; The Fiduciary Standard No Longer Exists regarding Marital Agreements

CPLR 5518, 5519: Distinction, Stays and Mootness in Construction Cases, Parts I and II

Charalabidis v. Elnagar, Grisi Redux, Parts I,  II

Fourth Department, Preserving Weight of Evidence Contentions, Judicial Notice

Fourth Department Holds Interlocutory Orders Independently Appealble after Judgment

Preservation, Post Jury Trial Challenges to Weight of the Evidence

CPLR 4404(a), Interest of Justice; Multiple Preservations

Steeno, Was a Family Court Order Final and Directly Appealable

CPLR 5512(a), Hallmarks, Essential Requirements, Substance and Other Indicia of an Order

Finality and Implied Severance, Interlocutory Orders, Final Orders

Setting the Record Straight as to Interlocutory Appellate Practice

Schonfeld v. Saucedo, Misapplication  of Contract Doctrine

CPLR 5511, Aggrievement following a Successful Child Custody Award Continued — Is a Child a “Full Party”

Dinunzio, Subject of Contest, Right to Waive Counsel

Appellate Updates Parts I and II

Braun v. Cesareo: When CPLR 5701(a)(2) Intersects CPLR 5501(a)(1)

Construction of the Notice of Appeal: Jurisdiction, Discretion, Inextricably Intertwined Relief

Hollandale Apartments. and Health Club v. Bonsesteel: Justiciability, Ripeness, Advisory Opinion, Subject Matter Jurisdiction

Appellate Review of Ex Parte and Sua Sponte Orders

CPLR 5513(a): Whose Service of the Order or Judgment Starts the 30-Day Limitation Period?

Is Standing Jurisdictional to Be Raised First Time on Appeal?, Parts I and II

The Pitfalls of Appellate Practice from Family Court Dispositions and Orders

CPLR 5511, the Pitfalls of Aggrievement, Beyond the Basics, Part, I, Part II

The Breadth of Judicial Notice on Appeal, Dehors the Record Data

Powell v. City of New York: CPLR 4404(a), Preservation of Issues

CPLR 5501 and Interim Support Awards, Orders in Post-Trial Decisions

Sholes v. Meagher, the Appellate Imbalance of Sua Sponte Orders

Galetta: Methodology of Acknowledgment v. Evidence of Acknowledgment

CPLR 5511, Aggrievement following a Successful Child Custody Award

Foti v. Foti, Commingling of Separate Property by Tax Return

Book Review: New York Contract Law: A Guide for Non-New York Attorneys

Hearsay Testimony through the Expert Witness, State v. Floyd Y.

Mashreqbank Adds a Layer of Confusion on Notice of Motion

Grucci: Authentication of Tape Recordings and Chain of Custody

Siegmund Strauss; CPLR 5501(a)(1), “Necessarily Affects”, CPLR 3019

Attorney Client Privilege, Notice of Pendency

CPLR 5514(a): The Uncertain Limitations Period following Appeals by Improper Method

Two Appellate Courts Deliver Difficult Interpretations of the No-Fault Statute

Jurisdiction, Due Process and No-Fault Divorce

Late Date Acknowledgments of Agreements

Mahoney-Buntzman, and Johnson: The Persisting Issues

Grandparental Visitation: It’s Evolution In New York State

Inconsistent Appellate Enforcement of the Recital Requirements in DRL § 240(1-b)(h

The Marriage Toll: Prenuptial Agreements and the Tolling of the Statute of Limitations

The Asymmetric Pre-Classification Of The Appreciated Marital Residence1

Express Oral Agreements Between Cohabiting Partners

The CSSA’s Impact on the Doctrine of Necessaries

Wechsler v. Wechsler: Discretionary Vacatur of Stays Under CPLR 5519(2)

Reasonable Expectations from and Conduct Following a Contract

Litigation Tips

Vacatur of Agreements—Oh, That Unsettling Feeling of “Reverse Duress”

Post Note of Issue and Mid-Trial Discovery

Matter of Violi: General Obligations Law § 3-309 and Post Death Marital Real Property

The Graev Condition of the Cohabitation Clause

The Expert’s Recommendation in Custody Cases1

Six-Year Limitations Period and Enforcement Motions

Bernard Madoff, Marital Agreements, Mutual Mistake

People v. Goldstein: The Professional Reliability Rule and Frye

Parallel Obligations of Disclosure and Investigation in Divorce Actions1

Contractual Forbearance from Commencing a Divorce Action1

Support Following the Dismissal of a DRL § 236B[2][a] Action1

No Fault Divorce, Defenses, Supplemental Pleadings, Independent Actions

Mesholam: Prior Action May Not Be Valuation Date

Enforceability of Open Court Stipulations in Matrimonial Actions

Legislative Intent, Public Policy, Grievous Injustice, vis à vis Child Support Arrears

Kojovic v. Goldman: Scienter and Marital Agreements

Counsel Fee Waivers in Prenuptial Agreements following Kessler

Who’s on First? Or, the Second Is on First and the First Is on Second

Community Property in the Equitable Distribution Law, Remarriage Penalty

Howe v. Howe: Troublesome Conclusion On Legislative Intent1

The Expert Witness as a Backdoor to Impermissible Hearsay Testimony

The Burden of Proof in Vacating Prenuptial Agreements1

Frankel v. Frankel: The Sequel to O’Shea v. O’Shea

Expedited Challenges to and Enforcement of Settlement Agreements

Keane: “Double Dipping’, Tangible versus Intangible Assets

Equitable Estoppel and the Nonbiological or Nonadoptive Parent

Chen: The Second Department Deals a Blow to Spousal Tort Actions

CFTC v. Walsh: “Finality”, Justice for Financial Scam Victims

Burden of Proof and Rights to Appreciated Separate Property

The Best Interests of the Child Test and Its Applicability to Grandparental Visitation

O’Connell v. Corcoran, Valutaion Dates following  a Foreign Divorce

Avoiding the Pitfalls of Matrimonial Litigation

Availability of Child Support for the Time Frame Preceding an Application Therefor

Entitlements to Refunds of Transmuted Separate Property

Valuation Dates when More than One Divorce Action Has Been Commenced

Boden: A Decade Later