Since 1974, our New York Appellate Lawyers have been representing clients in the Appellate Courts of the State of New York

Silvestri v. Smallberg: Obtained a jury verdict in the amount of $2.059MM, which we sustained on appeal to both the Appellate Division and the Court of Appeals. The Appellate Division’s decision is published at 224 A.D.2d 172. The Court of Appeals’ decision is published at 88 N.Y.2d 1004 (1996).

Lader v. Sherman: Obtained an order from the Appellate Division affirming the Trial Court’s Order setting aside the jury’s finding that the defendant’s departure from accepted medical practice in performing surgery on plaintiff’s leg was not the proximate cause of plaintiff’s injuries as against the weight of the evidence. The Appellate Division’s decision is published at 58 A.D.3d 809.

LaRusso v. Katz: Obtained a reversal from the Appellate Division of the Trial Court’s Order dismissing a plaintiff’s legal malpractice complaint. The Appellate Division held that the affirmation in opposition submitted by the defendant attorney was improper under C.P.L.R. § 2106 and that material issues of fact existed whether the attorney breached a duty of care by jointly representing both husband and wife in the underlying motor vehicle accident case. The Appellate Division’s decision is published at 30 A.D.3d 240.

HBJOBaron Associates v. Leahing: Obtained an affirmance from the Appellate Division of the Trial Court’s Order denying a defendant’s motion to vacate an award of summary judgment on the ground that the defendant was bound by the alleged errors and omissions of his attorney in the absence of a showing of extraordinary circumstances. The Appellate Division’s decision is published at 142 A.D.3d 585.

Bloostein v. Morrison Cohen LLP: Obtained an affirmance from the Appellate Division of the Trial Court’s Order dismissing a law firm’s third-party complaint seeking contribution in connection with a legal malpractice claim, on the ground that no claim for contribution exists in an action where the plaintiffs seek to recover for purely economic loss. The Appellate Division’s decision is published at 157 A.D.3d 120.

Allen v. Hoffinger, Friedland, Dobrish & Stern, P.C.: Obtained a reversal from the Appellate Division of the Trial Court’s Order dismissing the plaintiff’s legal malpractice complaint as barred by the doctrine of collateral estoppel. The Appellate Division held that plaintiff was not collaterally estopped from establishing that she would have prevailed in the underlying divorce action “but for” her attorney’s legal malpractice in causing the default. The Appellate Division’s decision is published at 283 A.D.2d 346.

HSBC v. Branker: Obtained an affirmance of the dismissal of a mortgage foreclosure action for failing to comply with discovery orders. To our knowledge, it is the first time a New York Appellate Court has dismissed a bank’s foreclosure action on account of such non-compliance.

21st Mortgage Corp. v. Adames: Obtained an affirmance from the Appellate Division of the Trial Court’s Order denying a bank’s motion for summary judgment in a mortgage foreclosure action on the ground that the supporting affidavit constituted inadmissible hearsay. The Appellate Division’s decision is published at 153 A.D.3d 474.

Kopel v. Bandwidth Technology Corp.: Obtained an affirmance from the Appellate Division of the Trial Court’s Order dismissing the plaintiff’s complaint seeking to compel the delivery of stock pursuant to a stock purchase agreement as barred by the Statute of Limitations. The Appellate Division’s decision is published at 56 A.D.3d 320.

State Farm Insurance Company v. Smith: Obtained a reversal from the Appellate Division of the Trial Court’s Order permanently staying arbitration of an underinsured motorist claim. The Appellate Division held that the lower court had erred in ignoring that the parties’ agreement to arbitrate the plaintiff’s damages in the underlying personal injury action contained a provision which limited the collateral estoppel effect of the determination of the amount of plaintiff’s damages. The Appellate Division’s decision is published at 277 A.D.2d 390.

Baytree Associates, Inc. v. Forster: Obtained a dismissal under the Statute of Frauds (reversing the trial court) of an action against our client in a multi-million dollar real estate dispute. The Appellate Division’s decision is published at 240 A.D.2d 305.