statute_of_limitationsSplits Among the Departments: What Might Be Ripe for the Court of Appeals
The authors write "This article will explore three such conflicts – the standard of proof for punitive damages, the statute of limitations for unjust enrichment claims, and the availability of expedited procedures under CPLR 3213 – and offer some tips to help preserve the possibility of such review."
January 06, 2025 at 09:00 AM
8 minute read
Most civil cases in New York have little chance of getting to the Court of Appeals. While some are appealable to that court as of right, the vast majority are not. For those that are not, appeal is available by permission – granted either by the Court of Appeals itself or by the Appellate Division. Such permission, however, is granted in only a small handful of cases: in 2022, for example, the Court of Appeals heard only 44 civil cases on that basis. See 2022 Annual Report of the Court of Appeals, Appendix 2. This means that the four departments of the Appellate Division are effectively the courts of last resort in most cases.
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