Steven J Ahmuty Jr

May 02, 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 a recent First Department case that illustrates the principle that only an aggrieved party may appeal from an adverse judgment or order.

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

10 minute read

February 04, 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: When an appellate court reverses a judgment and grants a new trial, it is not unusual for the losing party to want to salvage something from the original trial, such as a favorable (and unexpected) jury determination on a difficult issue that is not likely to be repeated by a second jury. Conversely, the successful appellant wants to start with a clean slate in the hope of obtaining a better result than the one at the original trial. For example, the winning party may want to add new theories or defenses at the retrial. These competing interests sometimes engender disputes about the scope of a new trial order made by an appellate court, as the Second Department recently discussed.

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

10 minute read

September 01, 2004 | 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 the "taking" of an appeal in a civil case should not be confused with its "perfection."

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

11 minute read

April 15, 2003 | New York Law Journal

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

8 minute read

September 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 unlike the very restrictive federal practice with regard to the right to appeal from an interlocutory order, New York is extremely generous in permitting litigants to take interlocutory appeals, as of right, to the Appellate Division from just about every type of nonfinal order in an action originating in the Supreme Court or a County Court.

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

9 minute read

May 06, 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, discuss the rules governing the certification of questions of state law to the New York Court of Appeals from certain federal courts and other courts of last resort, an exception to the time-honored rule that the courts of New York do not issue advisory opinions.

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

9 minute read

May 05, 2010 | 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 while it was written over 100 years ago by an English judge that "there is one panacea which heals every sore in litigation, and that is costs," that remark does not apply to modern day appellate litigation in New York.

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

8 minute read

April 02, 2008 | 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 the Second Circuit's decision in In re American Safety Indemnity Co., where the court reaffirmed the rule that "[w]here a judgment is re-entered, and the subsequent judgment does not alter the substantive rights affected by the first judgment, the time for appeal runs from the first judgment."

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

8 minute read

December 02, 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, review rules and obligations of appellant's counsel regarding the record on appeal, and recent Appellate Division decisions where the court found the record on appeal inadequate to enable it to render an informed decision on the merits, thereby necessitating dismissal.

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

10 minute read

November 05, 2008 | 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 a recent Court of Appeals ruling which held that collateral estoppel does not bar relitigation of the unreviewed alternative ground because a trial-level decision from a prior action does not have preclusive effect with respect to any issue that is raised on an appeal from the decision but not addressed in the appellate court's order of affirmance.

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

11 minute read