Elliott Scheinberg

September 11, 2024 | New York Law Journal

First Department Rules Court of Appeals Decision re Email Settlements "Not Controlling," "Needless Formality," Part II

"The e-mails from plaintiff and Bloom at the end of their e-mails constituted 'signed writings' within the meaning of the statute of frauds," writes Elliott Scheinberg.

By Elliott Scheinberg

13 minute read

September 10, 2024 | New York Law Journal

First Department Rules Court of Appeals Decision re Email Settlements 'Not Controlling,' 'Needless Formality,' Part I

"Plaintiff argued that MRLS' intentional programing of its name on top of all faxed documents, satisfied the subscription requirement," writes Elliott Scheinberg.

By Elliott Scheinberg

13 minute read

September 09, 2024 | New York Law Journal

Law of the Case Cannot Override Lack of Subject Matter Jurisdiction

"When a court makes a legal determination in a case, that determination, if not appealed from, becomes the law of the case and controls when the question which led to it is again presented in that same case," write Thomas R. Newman and Elliott Scheinberg.

By Thomas R. Newman and Elliott Scheinberg

7 minute read

August 06, 2024 | New York Law Journal

Departmental Schism Re Post-Judgment Reviewability of Sua Sponte Orders Continues

"The statute and 'Sholes' impose an onerous time-consuming process upon the aggrieved party who may be in need of immediate relief from a sua sponte order," writes Elliott Scheinberg.

By Elliott Scheinberg

8 minute read

July 12, 2024 | New York Law Journal

Second Department Seeks Termination of Sua Sponte Dismissals of Complaints

While it's well settled law in all four appellate departments that "a court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal," trial courts continue to disregard this stentorian directive with no end in sight.

By Elliott Scheinberg

11 minute read

June 11, 2024 | New York Law Journal

Letter Ruled Appealable, a Further Relaxation of CPLR 5512

This column notes a recent decision, 'Naramore v. Mount Sinai Health System', where the Appellate Division reviewed an otherwise nonappealable paper.

By Elliott Scheinberg

12 minute read

May 07, 2024 | New York Law Journal

Amendment to Recent Appellate Practice Column

Elliott Scheinberg makes an amendment to his recent Appellate Practice column, "Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)," which the New York Law Journal published on May 1, 2024.

By Elliott Scheinberg

3 minute read

May 01, 2024 | New York Law Journal

Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.

By Elliott Scheinberg

7 minute read

April 09, 2024 | New York Law Journal

Matrimonial Attorney Not Up to Date on Property Distribution

Elliot Scheinberg responds to the recent article "Differences Between Annulment and Divorce," where author Michael Liptrot advances "an anachronistic contention regarding the method of property distribution following the dissolution of a marriage."

By Elliott Scheinberg

4 minute read

March 15, 2024 | New York Law Journal

CPLR 5511: Relief to Nonparties, to a Nonappealing Child

This article discusses 'Johnson v. Johnson', which remedied such a concern even though the attorney for the child did not appeal from the order, as well as an understanding of aggrievement, CPLR 551, as it relates to nonparties and to nonappealing parties is instructive.

By Elliott Scheinberg

13 minute read

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