Steven J Ahmuty Jr

July 02, 2019 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. examine two jurisdictional considerations: “aggrievement” (CPLR 5511) and “appealable paper” (CPLR 5512). The volume of cases addressing these threshold requirements suggests that would-be appellants often overlook them, resulting in dismissal of their appeal for lack of appellate jurisdiction.

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

10 minute read

April 30, 2019 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. focus on the “manifest disregard of the law” ground for challenging an arbitration award, and discuss the Second Circuit's three requirements for finding that an award was issued in manifest disregard of the law.

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

9 minute read

March 05, 2019 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss potential perils that could prove fatal to an appeal.

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

9 minute read

December 31, 2018 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The protection of the record needed to preserve your right to challenge asserted error at trial consists of much more than bobbing up and down during trial to voice objections, although it is certainly necessary that timely and appropriate objections be made.

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

9 minute read

November 06, 2018 | New York Law Journal

Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. examine several major provisions of the new uniform rules, including electronic filing requirements, filing deadlines for appellate submissions, and motion practice.

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

10 minute read

September 04, 2018 | New York Law Journal

The jurisdiction of the Court of Appeals to review questions of fact is severely curtailed by the New York State Constitution (art. 6, § 3[a]), and the court's primary role is its law-making function, to unify, clarify and pronounce the law for the state of New York.

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

9 minute read

July 03, 2018 | New York Law Journal

Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. discuss aggrievement in appellate standing.

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

2 minute read

May 01, 2018 | New York Law Journal

Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. discuss constitutional issues surrounding recovery of punitive damages.

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

10 minute read

March 06, 2018 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: A fundamental tenet of appellate practice is that the rights of the litigants are to be determined solely on the basis of materials contained between the covers of the record on appeal. With some rare exceptions discussed below, it is a serious breach of appellate decorum to refer to matters outside the record.

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

9 minute read

January 02, 2018 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: A finding of prejudicial error will generally result in a reversal of the judgment and a new trial on all issues unless the appellate court specifically limits the scope of the retrial. Where the appellate court finds error affecting the determination of only some of the issues, however, it may order a retrial solely as to those issues, saving the parties and the trial court the time, expense and trouble of retrying issues that were properly decided.

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

9 minute read