All Articles tagged preservation rule

• New York Appeals
  December 13, 2017 EDT
  THE LEGISLATURE’S POWER TO CORRECT THE ANOMALY OF BENEFITTING FROM A FAILURE TO PRESERVE AN ARGUMENT FOR APPELLATE REVIEW
  Brian J. Shoot

  This article examines the rule that allows a party to benefit from his or her failure to properly preserve the winning claim or argument for appellate review.

• 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.