[Editor's Note: This letter serves to amend the column “Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First),” which the New York Law Journal published on May 1, 2024].

In my Appellate Practice column dated May 1, 2024, “Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First),” I noted that, in Fitzpatrick v. Tvetenstrand, 2024 NY Slip Op 01956, 1 [3d Dept 2024], the Third Department joined the Second and Fourth Departments in ruling that weight-of-the-evidence arguments may be raised first time on appeal. Fitzpatrick cited Sims v. Comprehensive Community Development, 40 AD3d 256, 258 [1st Dept 2007] suggesting that this rule is now congruent in all four appellate courts, that weight of the evidence may now be securely raised first time on appeal everywhere.