Slumming It With Facts on Appeal, Part 2—Going to the 909

By: Benjamin G. Shatz
– Daily Journal

"As we have seen, sometimes appellate courts do get their hands dirty with facts and will entertain a new fact for the first time on appeal. Judicial notice on appeal is one prosaic example. A more intriguing example is the use of Code of Civil Procedure Section 909."

Read the article here (subscription required).



pursuant to New York DR 2-101(f)

© 2020 Manatt, Phelps & Phillips, LLP.

All rights reserved