The dissent also stated that six intermediate
appellate court
cases, including two from Amarillo, had recognized the cause of action and that no court has expressly
rejected the cause of action.
Appellate counsel, cognizant that the New York Court of Appeals
rejects numerous
cases that were wrongly decided — only accepting those raising important, novel issues — recognizes that practicing before the Court requires a fundamentally different strategy than that used in the intermediate
appellate court.