The New York Civil Appellate Citator, Third Edition (Print Edition)

Contents at a Glance

General Principles of Appellate Practice and Review / Appealable Paper / Timeliness of an Appeal / Taking an Appeal / Omissions and Appeal by Improper Method / Grounds for an Extension / Judicial Notice / In Limine Motions / Finality of Judgments / General and Specific Trial Objections on Appeal / Standing and Subject Matter Jurisdiction / Stays and Mootness in Construction Cases

Product Description

Hailed as an “extraordinary work” by highly recognized former appellate judges, this extensive compendium is a sweeping compilation of appellate authority, foundational and uniquely esoteric, on all aspects related to civil appeals to the New York State Appellate Division. Use it to locate key precedential language for use as authority in briefs and arguments.

Many of the intricate and complex topics covered have received only general or minimal analysis elsewhere. The three volumes offer an in-depth examination of topics such as:

• issue preservation;
• notice of entry in cases involving multiple parties;
• the fugitive disentitlement doctrine;
• general and specific trial objections on appeal;
• CPLR 5518, 5519(a)(1): stays, preliminary injunctions;
• stays and mootness in construction cases;
• extended discussion of CPLR 5511, aggrievement, default, collateral estoppel and default, genuine default;
• extensive review of judicial notice;
• in-limine motions;
• a court’s excessive examination and acting as an advocate on appeal, judicial misconduct, attorney misconduct
• the intersection between CPLR 5701(a)(2) and CPLR 2215(a);
• the treatment of standing and subject matter jurisdiction;
• the Second Department and the Fourth Department reversals to now allow the contention that a verdict should be set aside as against the weight of the evidence to be raised for the first time on appeal;
• interest of justice;
• the pitfalls of appellate practice under the Family Court Act; and
• many more.

This work also includes a unique section that appears nowhere else: a review of over 225 appellate decisions, decided during the past 30 years, where appellate courts have sua sponte directed that upon remand the matter be assigned to “a different judge.” These cases assist counsel in their efforts to persuade the tribunal that the trial judge whose order is on appeal should no longer preside over the matter. 

An invaluable resource for both bench and bar!

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