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Law Offices Of David S. Rich - Employment lawyer

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Appeals

  • By: David Rich
  • Published: November 15, 2010

Yes. In the Manhattan, NYC courts, an order denying a defendant’s pretrial motion to dismiss the plaintiff’s complaint, N.Y. C.P.L.R. 3211, is immediately appealable as of right. In other words, a defendant may take an interlocutory appeal to New York’s Appellate Division from an order denying the defendant’s pretrial motion to dismiss the lawsuit. In Manhattan, NYC, the defendant need…Read More

  • By: David Rich
  • Published: March 10, 2010

An appeal as of right to New Jersey's Appellate Division must be taken within 45 days after the trial court's objectionable judgment or order is entered pursuant to N.J. Ct. R. 4:47. N.J. Ct. R. 2:4-1(a). Not until that entry will the 45 days begin to run, and it makes no difference that the Superior Court has issued a written…Read More

  • By: David Rich
  • Published: January 29, 2010

An appeal as of right to New York’s Appellate Division must be taken within 30 days after the appellant has been served with a copy of the objectionable judgment or order, with notice of its entry. N.Y. C.P.L.R. 5513(a). Not until that service will the 30 days begin to run, and it makes no difference that the appellant knows of…Read More