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CPLR 5501(c) Permits Notice of Appeal on Final Order Despite Subsequent Judgment

CPLR 5501(c) permits a Notice of Appeal upon a Decision and Order dismissing a case even if  your adversary files a subsequent Judgment to later claim the Notice of Appeal was premature. On September 28, 2009, in the appeal of Robert H. Rotering, etc., appellant, v Perry Satz, et al., respondents., Docket 2009-02773, the Second Department granted my motion to vacate the dismissal of my Notice of Appeal and reinstate the appeal.  Here's how...

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Winning Appellate Costs by Arguing Attorney's UnClean Hands

Sua sponte dismissals of cases are very rare.  They may be justified at the beginning of a case if a complaint has no basis and is used for an improper purpose, but it is not justfied upon a well-pled complaint after months of litigation and there is no motion to dismiss before the court.  I successfully appealed a sua sponte dismissal of a legal malpractice complaint and was awarded costs for my clint, and here's how I did it.

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