As I have noted in past columns, I have a particular interest in cases that generate Appellate Division dissents, especially when resolved by a 3 to 2 vote. By definition, these are the cases where people can reasonably differ. Such rulings thus display the fault lines of the law.
Today, I look at two cases that recently produced 3 to 2 rulings in the First Department. I also revisit a case I addressed shortly after the Fourth Department split 3 to 2 to now report on the Court of Appeals’ unanimous reversal.
‘Vitucci’: All About an Expert’s Affidavits, or Not
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