Law of the Case Cannot Override Lack of Subject Matter Jurisdiction
Departmental Schism re Post-Judgment Reviewability of Sua Sponte Orders Continues
Second Department Seeks Termination of Sua Sponte Dismissals of Complaints
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?
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
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
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
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
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