In their Appellate Practice column, Thomas R. Newman. of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, analyze the decision in 'Oakes v. Patel,' in which the Court of Appeals held that a party who wants to challenge on appeal a trial court's post-verdict order conditionally changing the amount of damages awarded by a jury (an additur or remittitur) must do so before a new trial on damages takes place, and that an order granting or denying a motion to amend qualifies for review under CPLR 5501(a)(1) when it relates to a proposed new pleading that contains a new cause of action or defense.
Review of Non-Final Judgments and Orders
New York Law Journal
April 23, 2013
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