How does a lower court trial compare to a civil appeal?

If a person in New York is involved in a civil case that ends up in an unfavorable result, that person might choose to appeal the trial court's decision. It is important to understand how a civil trial in a lower court compares to a civil appeal. This is because there are differences in how a lower court trial proceeds versus how an appellate court proceeding operates.

In a trial, each side will present their case. Testimony will be given by witnesses who can be cross-examined, and each side can submit evidence in their favor. A jury will then use this testimony and evidence to determine what, in fact, occurred. The jury will then be instructed on how to analyze the evidence to determine how the law applies to the facts of the case, and a verdict will be issued.

Appellate court upholds punitive damages for evading liability

In what appears to be a case of first impression in this state, the Appellate Division, Second Judicial Department, has upheld an award of punitive damages in a medical malpractice case, based upon a physician's destinction of medical records. 

The case in question, Gomez v. Cabatic (159 AD3d 62), involved a six-year-old girl who died because of her physician's failure to diagnose and treat her diabetes. The doctor admittedly destroyed handwritten notes which were part of the child's medical records, but claimed that the notes had been fully transcribed before being destroyed.

NY Lawyers Eye Impact of New Statewide Appellate Rules

The approval of new statewide rules for the New York Supreme Court Appellate Division, one of which reduced from nine months to six the period for perfecting appeals, is expected to result in the automatic dismissal of a passel of civil appeals not perfected by Sept. 14. 

New Rules - On Guard!

While most conscientious appellate practitioners have long-since set a calendar alert for September 17, 2018, marking the effective date for the sweeping changes ushered in by the new "Practice Rules of the Appellate Division" (22 NYCRR Part 1250), most trial practitioners remain blissfully ignorant of exactly how much the landscape will change at the appellate level.

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Notable Civil Decisions

  • November 7, 2018M&H Wins Reversal of Summary Judgment and Reinstatement of Action Against Owner of Long Island Office Building
  • October 24, 2018M&H Wins Reversal of Four Judgments of Foreclosure and Sale Concerning Brooklyn Commercial Real Estate
  • April 4, 2018M&H Wins Reversal of Judgment Awarding Approximately $2.5 Million In Damages Resulting From The Issuance Of A Preliminary Injunction And Imposing Sanctions
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Notable Criminal Decisions

  • October 22, 2015M&H wins reversal of manslaughter conviction and dismissal of the charge from New York’s highest court
  • October 22, 2015M&H wins reversal of manslaughter conviction and dismissal of the charge from New York’s highest court
  • October 22, 2015M&H wins reversal of manslaughter conviction and dismissal of the charge from New York’s highest court
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