Factual Disagreements Between Trial and Appellate Courts

, New York Law Journal

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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, examine 'Rocky Point Drive-In v. Town of Brookhaven,' in which the Court of Appeals granted the appellant's motion for leave to appeal in a case involving different factual findings of the trial court and Appellate Division on the same record, but limited its review to which factual findings more nearly comported with the weight of the evidence.

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