Elliott Scheinberg

February 13, 2024 | New York Law Journal

The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.

By Elliott Scheinberg

13 minute read

December 29, 2023 | New York Law Journal

May a motion court grant relief to a cross movant who requested relief only in its opposition papers to a motion without having filed the formal notice of cross motion prescribed in CPLR 2215? If the motion court denies the sought relief, is that denial appealable as of right, by leave?

By Elliott Scheinberg

14 minute read

November 22, 2023 | New York Law Journal

The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in 'Favourite v Cico'.

By Elliott Scheinberg

14 minute read

October 16, 2023 | New York Law Journal

The repeated need to correct Toby Kleinman's misinformation is unfair to readers of this publication and to those of us who understand that such misinformation in this very specialized area of law is dangerous to families and children.

By Elliott Scheinberg, Lawrence Jay Braunstein, Robert Z. Dobrish, Lee Rosenberg and Adam John Wolff

10 minute read

September 11, 2023 | New York Law Journal

Must an objection be raised during trial if it had been previously raised during the litigation? Although the Court of Appeals has held that one pretrial objection preserves the issue, this issue has recurred—but rulings have not always been consistent.

By Elliott Scheinberg

11 minute read

July 18, 2023 | New York Law Journal

[Editor's note: This article was submitted in response to Toby Kleinman's article "Accountability And Oversight: Domestic Violence, Child Abuse,…

By Robert Z. Dobrish, Lee Rosenberg, Elliott Scheinberg, Adam John Wolff and Eric I. Wrubel

4 minute read

June 14, 2023 | New York Law Journal

A Manhattan Supreme Court justice's recent ruling is dangerous because it can mislead members of the bar who rely on published decisions as gospel, as they often go unaddressed and uncorrected, a Law Journal columnist writes.

By Elliott Scheinberg

11 minute read

May 25, 2023 | New York Law Journal

Henry v. New Jersey Transit, with a profound dissent by Chief Judge Rowan Wilson, brings the issue of preservation of constitutional issues on appeal to the Court of Appeals to the forefront.

By Elliott Scheinberg

10 minute read

March 17, 2023 | New York Law Journal

The ruling in Pinto erroneously converts enforceable unambiguous agreements into unenforceable ones in the event they contain otherwise benign language which says no more, in form or in substance, than the parties may attempt settlement of a dispute arising from the agreement, however, should settlement efforts either prove unproductive or even if there have been no settlement efforts at all then they may litigate their dispute.

By Elliott Scheinberg

10 minute read

January 12, 2023 | New York Law Journal

Abandonment of an issue on appeal occurs in a variety of ways by the carelessness or hyper-zealousness of a would-have-been appellant.

By Elliott Scheinberg

8 minute read