Elliott Scheinberg

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

October 17, 2019 | New York Law Journal

This is a continuation of an article updating relevant issues examined in prior discussions.

By Elliott Scheinberg

8 minute read

October 16, 2019 | New York Law Journal

This article updates relevant issues examined in prior discussions.

By Elliott Scheinberg

12 minute read

September 13, 2019 | New York Law Journal

Which statute governs following final judgment where a motion was not made upon notice, such as ex parte or sua sponte interlocutory orders?

By Elliott Scheinberg

10 minute read

September 04, 2019 | New York Law Journal

'Cline v. Code' is a lesson in precise "you-can't-be-too-careful-enough" drafting.

By Elliott Scheinberg

11 minute read

August 09, 2019 | New York Law Journal

'Hollandale' presents an infrequently encountered instance where the Appellate Division sua sponte determined that plaintiff's claims in its declaratory judgment action were neither justiciable nor reviewable, while holding defendant’s counterclaims, which were grounded in the same statutes as plaintiff’s claims, reviewable.

By Elliott Scheinberg

11 minute read

June 27, 2019 | New York Law Journal

This article discusses various CPLR provisions and decisions pertaining to appealability of ex parte and sua sponte orders.

By Elliott Scheinberg

11 minute read

February 04, 2019 | New York Law Journal

While many post-amendment cases track the language in §5513 that a “notice of appeal must be filed and served within 30 days after service by a party of the order and written notice of entry,” diligent research revealed no direct post-amendment case law on this specific point.

By Elliott Scheinberg

10 minute read

August 31, 2018 | New York Law Journal

An issue is not actually litigated if, for example, there has been a default, a confession of liability, a failure to place a matter in issue by proper pleading or even because of stipulation.

By Elliott Scheinberg

11 minute read

August 30, 2018 | New York Law Journal

Aggrievement occurs when requested relief is denied in whole or in part or when someone demands relief against another, who opposed the application, and the relief is granted in whole or in part.

By Elliott Scheinberg

10 minute read