David B Saxe

March 11, 2015 | New York Law Journal

David B. Saxe discusses a procedural issue that can lead to possible pitfalls: When a pretrial order grants summary judgment in favor of some of the defendants, may the plaintiff wait until the appeal from the final judgment to challenge that order, and may the Appellate Division treat that order as brought up for review in the plaintiff's appeal from the final judgment after trial, dismissing the complaint in its entirety?

By David B. Saxe

11 minute read

January 30, 2015 | New York Law Journal

First Department Justice David B. Saxe writes: The standard procedure for perfecting and submitting appeals entails many long months of delay between the potentially life-altering decision of the trial court, and our review of that decision. By the time we issue our decision, often things have changed dramatically for the child.

By David B. Saxe

8 minute read

January 28, 2015 | New York Law Journal

First Department Justice David B. Saxe writes: The standard procedure for perfecting and submitting appeals entails many long months of delay between the potentially life-altering decision of the trial court, and our review of that decision. By the time we issue our decision, often things have changed dramatically for the child.

By David B. Saxe

8 minute read

October 03, 2014 | New York Law Journal

Justice David B. Saxe writes: While the Appellate Division, First Department, has generally operated well over the years, certain adjustments may not only save time, money and effort, but also improve the quality and efficiency of our work.

By David B. Saxe

9 minute read

June 12, 2014 | New York Law Journal

David B. Saxe writes that a somewhat murky and obtuse rule of practice in the First Department provides that: "When a cause is argued or submitted to the court with four justices present, it shall, whenever necessary, be deemed submitted also to any other duly qualified justice of the court, unless objection is noted at the time of argument or submission." What is required of the court when an attorney notes an objection as contemplated by this rule?

By David B. Saxe

9 minute read

April 08, 2014 | Commercial Litigation Insider

Writes Appellate Division, First Department Justice David B. Saxe: The Appellate Division should be partnering with the Commercial Division and the court system's administration to promote the prompt adjudication of accelerated commercial litigation all the way to the end of the process.

By David B. Saxe

5 minute read

April 08, 2014 | New York Law Journal

By David B. Saxe

5 minute read

February 11, 2014 | New York Law Journal

Justice David B. Saxe of the Appellate Division, First Department, writes: It is natural for trial court judges to aspire to the appellate court, which is a promotion, with greater pay, prestige, freedom and autonomy. But satisfying your ambitions can bring you to a position where the work fails to give you the same satisfaction as your former position did.

By David B. Saxe

11 minute read

October 16, 2013 | New York Law Journal

David B. Saxe and Judith J. Gische, associate justices of the Appellate Division, First Department, write "It is useful for lawyers to know whether and to what extent oral argument plays a role in a particular judge's decision-making process. This information can emerge from the sort of judicial participation in CLE that we are encouraging."

By David B. Saxe and Judith J. Gische

4 minute read

November 02, 2011 | New York Law Journal

By David B. Saxe

3 minute read