Appeals – Lundin PLLC

Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order

On November 25, 2024, the Court of Appeals issued a decision in Ruisech v. Structure Tone Inc., 2024 NY Slip Op. 05866, holding that service of a Notice of Entry through NYSCEF on the trial court’s docket starts the time to move in response to an Appellate Division order . . . Continue reading Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order

On May 8, 2024, the Second Department issued a decision in Bing v. Myrtle 6, LLC, 2024 NY Slip Op. 02516, dismissing an appeal for failure to provide an adequate record . . . Continue reading Appeal Dismissed for Failure to Provide an Adequate Record

On May 3, 2023, the Second Department issued a decision in Trovato v. Galaxy Sanitation Servs. of N.Y., Inc., 2023 NY Slip Op. 02348, dismissing an appeal for failure to submit an adequate record . . . Continue reading Appeal Dismissed for Failure to Submit Adequate Record

On May 4, 2023, the First Department issued a decision in Mah v. 40-44 W. 120th St. Assoc. LLC, 2023 NY Slip Op. 02382, holding that a party lost the right to appeal an issue by abandoning an earlier appeal raising the same issue . . . Continue reading Party Loses Right to Appeal by Abandoning an Earlier Appeal Raising the Same Issue

On March 29, 2023, the Second Department issued a decision in Nationstar Mtge., LLC v. Warsi, 2023 NY Slip Op. 01683, holding that there is no appeal from an order of judgement entered on default . . . Continue reading No Appeal from an Order or Judgment Entered on Default

On Thursday, May 18, 2023, the Court of Appeals will hear argument in IKB International v Wells Fargo (No. 51) APL-2022-165. Continue reading Upcoming Argument of Note in the Court of Appeals

On Tuesday, April 18, 2023, the Court of Appeals will hear argument in Gottwald v Sebert, APL-2022-82 and APL-2021-131. Continue reading Upcoming Argument in the Court of Appeals

On February 7, 2023, the First Department issued a decision in United Hay, LLC v. Harounian, 2023 NY Slip Op. 00642, dismissing appeals from non-appealable decisions . . . Continue reading First Department Dismisses Appeals from Non-Appealable Decisions

On December 14, 2022, the Second Department issued a decision in Carl Daily Leasing Corp. v. Larochelle, 2022 NY Slip Op. 07048, affirming the dismissal of an appeal for failure to include all relevant documents in the record . . . Continue reading Appeal Dismissed for Failure to Include All Relevant Documents in Record

On June 22, 2022, the Second Department issued a decision in Eleven Stars, LLC v. Central Baptist Church, 2022 NY Slip Op. 04009, dismissing an appeal for failure to submit an adequate appellate record . . . Continue reading Appeal Dismissed for Failure to Submit Adequate Record