Appellate Decisions

We engage in appellate work to protect their client’s rights in the event that we believe that the Trial Court erred in its decision.

Golden v. Romanowski

Decided April 25, 2015, Supreme Court of the State of New York, Appellate Division, Second Department. In defense of defamation action, the Trial Court awarded a judgment against our client in an amount of $4,474,849.33. We appealed, and won. The judgment was vacated and remanded for a jury trial. (see Golden v. Romanowksi, 128 AD 3d 1009 (Second Dept. 2015))

Ruthinoski v. Brinkman

Decided June 16, 2009,  Supreme Court of the State of New York, Appellate Division, Second Department.  Our client was operating his motorcycle southbound on Peconic Lane when a minivan stopped and made a sudden turn to the left while our client was attempting to pass.  The Trial Court dismissed our client’s case.  We appealed, and won.  The Appellate Division remanded the case to the Trial court to be added to the Trial Calendar.

Click here to read the whole decision.

Edson v. Town of Southold

Decided December 13, 2007, Supreme Court of the State of New York, Appellate Term, Second Department.  Our client, Lewis Edson, was found guilty of clearing his residential vacant real property located on a bluff fronting the Long Isl and Sound without a permit.  Mr. Edson was found guilty and paid a $10,000.00 fine.  We appealed the decision and won.  The charges against were dismissed and the fine reimbursed.

Click here for a copy of the decision.

Patricia Ann Cottage Pub d/b/a McCarthy’s Pub et al v. Linda Mermelstein, County of Suffolk

Decided February 10, 2006, Supreme Court of the State of New York, Appellate Division, Second Department.

We represent the Long Island Restaurant Association.  New York State passed a smoking law mandating that all Restaurants and Bars in New York State post “no smoking” signs and inform their patrons that smoking is against the law. We appeared at a Health Department Hearing before a Administrative Judge and lost.  We appealed to the Supreme Court and won.

Click here to read the whole decision.

 

In accordance with the rules promulgated by New York State we must advise you that prior results do not guarantee a similar outcome in future litigation.