October 09, 2024 | New York Law Journal
CPLR 5501(a)(1) and the Reviewability of Final Orders on Appeal From a Final Judgment: Reconciling a Departmental SchismA discussion of a "significant departmental split" on CPLR 5501(a)(1)'s construction which author Dean Pillarella believes is germane to practitioners and should be resolved by the Court of Appeals.
By Dean L. Pillarella
16 minute read
August 15, 2023 | New York Law Journal
A Fatal Attraction: 'Aho' Meets 'Bonczar'A discussion of whether the entry of final judgment renders an interlocutory order denying summary judgment unreviewable.
By Dean L. Pillarella
7 minute read
January 30, 2023 | New York Law Journal
Flipping the Field With CPLR 3212(g)A discussion of CPLR 3212(g), a "little is known and seldom used procedural device contained within CPLR 3212 that serves alongside its more frequently used legal cousins—the motions for summary judgment and partial summary judgment."
By Dean L. Pillarella
8 minute read
February 07, 2022 | New York Law Journal
The Informal Appearance, Its Origins, Instances and ImpactIn addition to making a "formal" appearance, a defendant may also make an "informal" appearance, which "comes about when the defendant, although not having taken any of the steps that would officially constitute an appearance under CPLR 320(a), nevertheless participates in the case in some way relating to the merits." This article examines the origins of the informal appearance, including when it occurs and its impact in the personal jurisdiction and default-judgment contexts.
By Dean L. Pillarella
14 minute read
May 22, 2020 | New York Law Journal
An Invisible Battle in a War Against an Invisible Enemy: The Fourth Amendment and the Right To Travel in the Age of COVIDWhile executive orders and restrictions are undoubtedly well-intentioned responses to a global health crisis, and states' rights to impose curfews and quarantines are long-established, bedrock functions of their police powers, in exercising those powers, officials remain bound by the contours of the Constitution.
By Dean L. Pillarella
19 minute read
April 07, 2020 | New York Law Journal
Utilizing CPLR 2001 To Cure Service Defects: 10 Years of 'Ruffin'2020 marks the 10th anniversary of 'Ruffin'. While it's holding ensures a road to forgiveness for plaintiffs who fail to strictly comply with the technical dictates of service, it has not rendered CPLR 2001 a panacea.
By Dean L. Pillarella
15 minute read
June 17, 2019 | New York Law Journal
A Call for the Revitalization of Thirteenth Amendment Jurisprudence as a Means of Civil Rights ReformThe tale of the Thirteenth Amendment need not remain one of what could have been or what could be.
By Dean L. Pillarella
12 minute read
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