Until the middle of 2022, the conventional wisdom was that almost every interlocutory order could be addressed on an appeal from a judgment. Then, the Court of Appeals decided Bonczar v American Multi-Cinema, Inc. (38 NY3d 1023 [2022]) and changed what was once considered a simple rule. After Bonczar, only arguments about an order that …
An attorney was preparing for an oral argument before the Appellate Division. He had lived with this case for years. After all that time, he truly believed the motion court incorrectly granted summary judgment against his client. From his computer came the “ding” of an arriving email. From the corner of her eye, he saw …
Read more “What Can Be Appealed After the Entry of Judgment?”
As an experienced appellate attorney, I have seen firsthand the critical role that the Notice of Appeal and Notice of Entry play in the appellate process. These seemingly mundane documents can make or break a case, determining whether a party can present their arguments on appeal or if they are without recourse. Whether you are …
Read more “The Notice of Entry and Notice of Appeal, Routine Documents with Outsized Pitfalls.”
Trial lawyers hate to be on the receiving end of the missing witness charge, and with good reason. It allows the jury to draw harmful inferences against the lawyer’s clients. Many years ago, a trial lawyer I knew faced a problem. The doctor he retained to examine the plaintiff years earlier had recently been arrested …
Crafting a compelling motion or presenting arguments at trial can be akin to gazing into a crystal ball, attempting to foresee the pivotal issues that will sway the outcome. Often, determining which argument will resonate most profoundly proves to be an intricate puzzle. What initially appears pivotal can swiftly fade into insignificance, while seemingly inconsequential …