In its recent decision in Dombrowski v. Bulson, 19 N.Y.3d 347 (2012), the New York Court of Appeals recently reiterated the long-established New York court-made rule barring the recovery of damages for emotional distress injuries and other “non-pecuniary” (i.e.,...
Year: 2014
Seeking permission/leave to appeal to the New York Court of Appeals is fraught with confusion
The New York Constitution and Statutes governing which New York State courts have authority (i.e., jurisdiction) to grant permission to appeal to the Court of Appeals can be confusing and in many cases seemingly illogical. Like the United States Supreme Court, the New...
Bonding your appeal
Unlike some jurisdictions, the state courts in New York and New Jersey, as well as the federal courts, do not require a losing party who has a monetary judgment entered against them, to satisfy (pay) the judgment or post an appellate bond to secure the payment of the...
Interest rate on judgment pending appeal: best deal in town
Virtually all judgments awarding a plaintiff (or counter-claiming defendant) a monetary judgment accrues interest until the judgment is satisfied (paid off). Hence, if the judgment debtor takes an appeal and posts an appellate bond guarantying payment if the judgment...
Successful New York City art fraud claim
The recent demise of the famous New York City art gallery, M. Knoedler & Company, amid accusations of selling forged and fake artworks comes as no surprise to us, but for the fact that it is many years in the coming. In perhaps one of the early landmark art fraud...