Its a Digital World, but Uncertainty Remains
Today, litigants are able to access so much more than in the past. When we started out, one read the NYLJ small print decisions from the AD, and there was no more modern way to get the news. Later, digital reporting has taken over. Yet, Supreme Courts do not regularly scan and publish decisions. This unfortunate situation leaves us in the dark. What, for example was argued and written inLass v Soren 2012 NY Slip Op 02085 Decided on March 20, 2012 Appellate Division, Second Department.
Here's what we know. The only attorneys listed are both defense firms. The decision is as opaque as possible. Here it is: "In an action to recover damages for legal malpractice, the defendants Steven J. Soren and Soren & Soren appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated May 11, 2010, as granted that branch of the motion of the defendant Stewart B. Schachner which was pursuant to CPLR 3211(a) to dismiss their cross claim against him.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the facts of this case, the Supreme Court correctly granted the branch of the motion of the defendant Stewart B. Schachner which was to dismiss the subject cross claim. "
We even looked up the index number and tried to read the lower court opinion. It is not available, and the only indication is "short form order."
Is this the way to run the state's courts?