Books

The New York Civil Appellate Citator,  [3d ed., 3 vols., 2024]

Treatise on the applicability of appellate authority to all aspects of intermediate civil appeals


Reviews of The New York Civil Appellate Citator

This extraordinary work is worth its weight for the table of contents alone. It provides a clear roadmap to a successful appellate submission. The depth of analysis that follows and ease of use makes it solid gold for appellate practitioners, bench and bar alike … It’s truly a remarkable work.” “What an amazing work.”

Hon. Eugene F. Pigott, Jr.,
Ret. Senior Associate Judge, New York State Court of Appeals

“In The New York Civil Appellate Citator, you can find … within two well-organized and well-indexed volumes, a citation for pretty much anything you are likely to need to say…. [A]nyone can find, almost instantly, the topic he or she is interested in at the moment. * * * Elliott Scheinberg … built in his many years of working on appeals a personal library of quotations and rulings on what seems like every topic conceivable, and undoubtedly spent countless hours arranging that library in such a way that anyone can find, almost instantly, the topic he or she is interested in at the moment. The book marvelously illustrates of the expression: ‘I did it, so you don’t have to.’ ”

Hon. Robert S. Smith
Ret. Associate Judge, New York State Court of Appeals; Partner, Friedman Kaplan

While today’s electronic legal research is certainly an invaluable tool for litigators at both the appellate and trial levels, Elliott’s work adds another dimension because the case excerpts he presents form a treatise on appellate practice presented in the words of the courts themselves and selected, organized and thoroughly indexed by an experienced litigator and lecturer who knows firsthand what will be of most interest to his fellow practitioners and how to present it in a very easy to use manner. The “New York Civil Appellate Citator” will be a welcome addition to every New York litigator’s library.

Thomas R. Newman, “of counsel” to the law firm Duane Morris LLP. He is a Life Member of the American Law Institute (1976 – ), Fellow of the American Academy of Appellate Lawyers (1996 – ), member and past-chair (1981-1985) of the NYSBA’s Committee on Courts of Appellate Jurisdiction, author of Newman, New York Appellate Practice (Matthew Bender 1985), New York Law Journal columnist on Appellate Practice (1975 – ), and member of the New York Office of Court Administration’s CPLR Advisory Committee (1987 – ). 

“Elliott Scheinberg has done it again! His new compendium, ‘New York Civil Appellate Citator’ will be the ‘go to’ source for Appellate Judges and practitioners looking for guidance and easy reference on topics ranging from the basics to the complex! [It] allows quick access to the concepts at issue and provides a concise, yet in-depth discussion, with ample authority to support the proposition at hand.”

Hon. A. Gail Prudenti,
Ret. Presiding Justice, Appellate Division, Second Department; Dean Maurice A. Duane School of Law, Hofstra University

“I just have to say that your enormous and superbly organized work is so commendable and is such a service to the appellate bar.”

Hon. Bernard Malone,
Ret. Associate Justice, Appellate Division, Third Department

“Having served for 15 years as an Appellate Justice of the NYS Appellate Division Second Department, I well appreciate the unique value of the New York Civil Appellate Citator, its clear and comprehensive inclusion of appellate holdings and reasoning. It would have been an invaluable resource to me, my colleagues and law assistants. Currently, it is already serving to assist me in my appellate and other legal challenges.”

Hon. Justice Sondra Miller,
Ret. Associate Justice, Appellate Division, Second Department

“[New York Civil Appellate Citator] is not only a useful but also a necessary book for the appellate practitioner. It discusses in depth issues that the standard works ignore or brush over lightly … Not only the appellate lawyer but also judges would appreciate a copy of this work for their desktop.”

Hon. Karla Moskowitz,
Ret. Associate Justice, Appellate Division, First Department

“[New York Civil Appellate Citator is] the most unique compendium of appellate authority available to the profession. As practitioners of the written and spoken word, we, and the courts themselves, look for le mot juste, the right word, to give power and meaning to our argument … Mr. Scheinberg’s comprehensive volume is the one research source that provides … virtually every rule and exception the practitioner may encounter… [It] is recommended not only to the appellate bar but to trial counsel as well.”

Hon. Peter Skelos,
Ret. Associate Justice, Appellate Division, Second Department

“[T]he courts generally address [procedural] issues in the course of deciding the substantive issues in the case. As a result, the procedural precedent is scattered and hard to find, even with word searches. Mr. Scheinberg’s book brings these resources together in one place. It also does so with a depth that is unparalleled. I’m not aware of any research tool in the field of appellate practice that contains so many relevant precedent. And it does so in a format that is unique and very helpful … This one gives you the guts of each case and even some important language from each. In addition to the book’s depth, its format enables the busy practitioner to find and insert the authority into his or her brief quickly.”

Hon. Robert Spolzino,
Ret. Associate Justice, Appellate Division, Second Department

Contract Doctrine and Marital Agreements in New York,
[5th ed. 2 vols, 2023]

Exhaustive treatise on the applicability of contract doctrine to prenuptial and postnuptial agreements in New York


Reviews of Contract Doctrine and Marital Agreements in New York:

Mr. Scheinberg’s analysis is scholarly, his guidance is practical, and his personal commentary interesting.  I enthusiastically recommend this reference work to all who practice, or intend to practice, in the area of matrimonial and family law.  There is simply nothing on our library shelves to compete with it.”

Hon. Justice Sondra Miller
Chair of the Miller Commission – the Matrimonial Commission

…this treatise is a work of vast scope and stands both as a piece of superb legal scholarship and as an invaluable resource for lawyers.”

Allan E. Mayefsky, Esq.
President Emeritus, American Academy of Matrimonial Lawyers

Mr. Scheinberg’s work is a sorely needed, comprehensive, cutting-edge integration of square peg Contract Law into the round hole of legal equities pertaining to families.As a reference work, Contract Doctrine and Marital Agreements will invariably become a touchstone for matrimonial lawyers.”

Patrick O’Reilly, Esq.
President Emeritus, Americal Academy of Matrimonial Lawyers;
Adjunct Professor of Law, SUNY Buffalo

Mr. Scheinberg’s treatise quickly became a valuable and indispensible asset at my firm. It explains the practical application and use of complex contract law and its impact on marital agreements. The treatise contains pertinent discussions with well over 5,000 footnotes of applicable authority. It’s a must for any matrimonial law library.

Steven Z. Mostofsky, P.C.
Brooklyn, NY

No matrimonial attorney or judge should be without Contract Doctrine and Marital Agreements in New York by Elliott Scheinberg, Esq. It is a constant reference source in my office. A marital agreement is the critical document that finalizes the rights of the parties, such as, property distribution, liabilities, pension distributions, custody, etc. Even a seemingly simple agreement can have a devastating effect if not drafted properly. Mr. Scheinberg has mastered the analysis of governing law and marital agreements in his two-volume treatise addressing every conceivable matrimonial-contract issue and how to challenge or defend agreements. While a comprehensive reference, it is written in a style that breaks down the principles of contract law into easy to read and understand segments, which are of great use for the busy practitioner. Mr. Scheinberg also provides a deep enlightening analysis of how courts have interpreted often-used contractual language. Contract Doctrine and Marital Agreements in New York is a long overdue, “must have”, resource.

Randi L. Karmel, Esq.,
New York, NY

“As a sole practitioner in the area of matrimonial law, I unequivocally endorse Elliott Scheinberg’s ‘Contract Doctrine and Marital Agreements in New York’ as an indispensable resource.  Not only does it provide the essential information to protect my clients’ rights in every conceivable situation, but it also does – so in a clear and easy to understand manner that makes this incisive resource tool one that I consistently refer to.”

Joan C. Salwen, Esq.
Scarsdale, NY