Question about New York Court of Appeals

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holmes
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Question about New York Court of Appeals

Postby holmes » Tue Jan 14, 2014 3:48 pm

Not sure if this is the right forum
Purely for curiosity --

I was reading a couple of Court of Appeals cases where they "affirmed as modified" the order of the Appellate Division by coming to the exact opposite legal conclusion. Why doesn't the CoA just reverse?

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encore1101
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Re: Question about New York Court of Appeals

Postby encore1101 » Wed Mar 19, 2014 1:15 pm

Generally, the basic result was right, but for a different reason than what the App. Div. based its decision on, but the actual specifics of the judgment was modified, probably due to the new reasoning.

If you could give a specific case, I'd like to read it.

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holmes
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Re: Question about New York Court of Appeals

Postby holmes » Thu Apr 24, 2014 11:06 pm

Thanks for the response! I had given up hope. U.S. Fid. & Guar. Co. v. Am. ReInsurance Co., 985 N.E.2d 876 (2013), was the case I was looking at. Looks like your explanation is correct. Rather than "affirmed in part, reversed in part" the judgment below is "affirmed as modified."




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