Elliott Scheinberg. Courtesy photo Does Supreme Court Have Discretion To Disregard an Appellate Order To Enter Judgment?
The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in 'Favourite v Cico'.
November 22, 2023 at 10:00 AM
14 minute read
The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in Favourite v Cico, 208 A.D.3d 99 [1st Dept 2022]: "This appeal raises the interesting question of whether a trial court has the discretion to grant a plaintiff leave to amend a complaint, pursuant to CPLR 3025 (b), after the Appellate Division has already ordered the complaint dismissed, with direction to enter judgment."
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