Steven J Ahmuty Jr

March 07, 2007 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, review situations in which the appellate court may consider facts or evidence which were not brought to the trial court's attention.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

October 03, 2007 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine a recent decision where a panel declined to give preclusive effect to a trial-level order in a prior action that was reviewed on appeal, where the reviewing appellate court affirmed on one ground and did not address the other.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

July 07, 2010 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, review a recent decision in which the Court of Appeals held that a party who stipulates to a reduction or increase of damages is entitled to seek appellate review of other unrelated issues in the case, such as liability issues.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

May 04, 2011 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman from Duane Morris and Steven J. Ahmuty Jr. of Shaub, Ahmuty, Citrin & Spratt discuss how amicus briefs ideally are to assist the court in deciding novel or important issues and how the value of amicus briefs, therefore, usually lies in their ability to focus the court's attention on law or arguments that might otherwise escape its consideration.

By Thomas R. Newman and Steven J. Ahmuty Jr.

7 minute read

December 06, 2006 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that appellate courts do not look kindly on cases involving violations of the basic rule that new facts may not be injected at the appellate level, yet such cases appear in the advance sheets and reporters with surprising regularity.

By Thomas R. Newman and Steven J. Ahmuty Jr.

10 minute read

April 01, 2009 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write: It is better to let someone else contribute to the body of case law governing the timeliness of appeals; receiving a motion to dismiss your appeal for untimeliness will probably result in many sleepless nights. The frantic search for reasons to oppose this kind of dismissal motion can be easily avoided by serving and filing a notice of appeal early upon receipt of a colorable notice of entry of an appealable paper, without waiting until the 30th day just because the statute grants that much time.

By Thomas R. Newman And Steven J. Ahmuty, Jr.

13 minute read

February 07, 2007 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine the standard of review of jury awards in personal injury and wrongful death actions and the First Department's recent upholding of a $15 million compensatory and punitive damages award in a civil suit against Joel Steinberg.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

November 02, 2005 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, analyze Casey v. Long Island Railroad Co., which provides a comprehensive analysis of the rules governing the timeliness of Rule 59(b) new trial motions and �1292(b) petitions for leave to appeal.

By Thomas R. Newman and Steven J. Ahmuty Jr.

12 minute read

December 27, 2007 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that receiving a motion to dismiss your appeal for untimeliness will result in many sleepless nights. The frantic search for reasons to oppose this kind of dismissal motion can be easily avoided by serving a notice of appeal early, without waiting until the thirtieth day just because the statute grants that much time.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

April 06, 2005 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr, a partner at Shaub, Ahmuty, Citrin & Spratt, write that it has been wisely said that "candor is foremost among the essential elements of appellate success." Occasionally, there are attorneys who forget this cardinal rule. It then becomes necessary for the appellate courts to remind counsel that "[t]he function of an appellate brief is to assist, not mislead, the court."

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read