Elliott Scheinberg

October 28, 2020 | New York Law Journal

On, Aug. 20, 2020, the Fourth Department issued two decisions, 'Defisher v. PPZ Supermarkets,' and 'Alexandra R. v. Krone,' which the author describes as "momentous strides in the seeming evolution toward the death knell of CPLR 4404 as applied to the method of preservation of the contention that a verdict was against the weight of the evidence."

By Elliott Scheinberg

13 minute read

September 10, 2020 | New York Law Journal

'Knapp v. Finger Lakes NY' presents a cogent analysis of the not uncommon confluence of statutes and case law on the appealability of an interlocutory order that is issued after entry of the judgment. A background review of the applicable law is helpful.

By Elliott Scheinberg

9 minute read

July 30, 2020 | New York Law Journal

In discussing the topic of relief grounded in the interest of justice, author Elliot Scheinberg concludes: "The lesson is to err on the side of over caution: re-dot the i's and re-cross the t's below. It seems that one cannot over preserve but only under preserve."

By Elliott Scheinberg

17 minute read

June 25, 2020 | New York Law Journal

While mootness is related to subject matter jurisdiction, case law has carved out exceptions to the rule. This article addresses the exception that brings into focus an instance "where the issue to be decided, though moot is (1) likely to recur..., (2) substantial and novel, and (3) will typically evade review in the courts."

By Elliott Scheinberg

11 minute read

May 05, 2020 | New York Law Journal

'Steeno', a split decision (4-1), follows a strained course with no easy solutions and unanswered questions. The dissent is indispensable.

By Elliott Scheinberg

14 minute read

March 26, 2020 | New York Law Journal

An appellant must satisfy three jurisdictional predicates before the Appellate Division may entertain the merits of the appeal: aggrievement (CPLR 5511); appealable paper (CPLR 5512) and timeliness (CPLR 5513). This article examines CPLR 5512(a), which provides, as pertains here: "An initial appeal shall be taken from the judgment or order of the court of original instance."

By Elliott Scheinberg

12 minute read

February 11, 2020 | New York Law Journal

Although the court has not defined "finality", "implied severance" and "necessarily affects the final judgment", the bar must, nevertheless, sort it out at its peril.

By Elliott Scheinberg

16 minute read

January 17, 2020 | New York Law Journal

This article examines foundational principles of appellate procedure both generally and as applicable in child custody cases.

By Elliott Scheinberg

8 minute read

January 03, 2020 | New York Law Journal

In 'Evans v. New York City Tr. Auth.', the Second Department broke from its own precedent case law and parted from its sister departments, now holding that "an appellant need not preserve the contention that a jury verdict was contrary to the weight of the evidence by making a post verdict motion for a new trial."

By Elliott Scheinberg

11 minute read

November 27, 2019 | New York Law Journal

This article examines 'Dinunzio v. Zylinski', wherein a sharply divided court reviewed the applicability of subject of contest to the process by which a court granted a party's unopposed application to waive the right to counsel and proceed pro se, to wit, that the application was timely, knowing, intelligent, and voluntary.

By Elliott Scheinberg

21 minute read