All Articles tagged appellate review

• New York Appeals
  October 12, 2018 EDT
  THE NEW YORK STATE BAR ASSOCIATION’S PROPOSED AMENDMENT TO CPLR 5501: A NON-SOLUTION TO A NON-PROBLEM
  Michael J. Nolan

  This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.

• New York Appeals
  February 13, 2015 EDT
  THE PRESERVATION RULE IN THE NEW YORK COURT OF APPEALS: HOW RECENT DECISIONS AND CHARACTERIZATIONS OFTHE RULE INFORM ADVOCACY
  Richard J. MontesDavid A. Beatty

  This article explores disagreements on preservation, revealing a complex push and pull among adherence to doctrine; limits on authority; and principles of justice, equity, and pragmatism.

• General
  January 01, 2006 EDT
  UNWISE AND UNNECESSARY: STATUTORY CAPS ON NON-ECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES AND THE APPELLATE REVIEW ALTERNATIVE
  Ryan T. Emery

  This study concludes that after comparing the process of appellate review to a statutory cap, the former is the superior method for addressing the issue of excessive non-economic damage awards.