New York Court of Appeals Sometimes Grants Leave to Appeal to Put Its imprimatur On a Rule of Law

The Court of Appeals’ recent decision in Brill v. City of New York demonstrates that it will, on occasion, grant leave to appeal to put its stamp of approval or send a message to the Bar on a rule of law. In Brill, the Court noted the conflict among the Appellate Division Departments concerning the timing to assert a summary judgment motion. Although the conflict likely was a strong certiorari factor weighing in favor of the Court granting the motion for leave to appeal, the Court went out of its way to set an example of the defendant. The Court has done so on several other occasions, such as in Brown v. City of New York— addressing notice of claim pleading requirements — and Kihl v. Pfeffer — addressing the application of CPLR 3126. The Court referenced Kihl in Brill.

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