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?
Question about New York Court of Appeals Forum
- encore1101
- Posts: 826
- Joined: Tue Oct 22, 2013 10:13 am
Re: Question about New York Court of Appeals
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.
If you could give a specific case, I'd like to read it.
- holmes
- Posts: 14
- Joined: Thu Jul 26, 2012 9:22 am
Re: Question about New York Court of Appeals
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."