Appellate Decisions
Sometimes cases don’t end at the trial court level.
Our system of justice works well. Most judges are hard working, smart and wise. Most juries are savvy and arrive at just decisions. However, there are times trial courts make mistakes and arrive at wrong decisions. There are times when Juries make mistakes. And there are times when a losing adversary refuses to accept our client’s victory. In those instances, the cases are appealed, and the Appellate Courts intervene to maintain justice.
We have fought for our clients on the appellate level on many occasions. We have appealed when judges or juries have come to unjust determinations, and won. We have also fought Defendants to preserve our clients’ hard fought victories on the appellate level, and have succeeded on numerous occasions. In having litigated all of our appeals, without referring them out to outside appellate counsel, we have assembled a long and impressive record of appellate successes, some of which are set forth below:
APPELLATE COURT UPHOLDS VERY LARGE VERDICT FOR SIMPLE ARTHROSCOPY AND BULGING DISC
An Appellate Court sustained one of the largest recoveries in NY state for a case involving an alleged disc bulge and a shoulder tear. The Court sustained a Judgment of over $1.8 Million (based on a $1.6 Million verdict), which with the interest by the time decision was rendered, well exceeded $2 Million. See decision here.
– Quijano v. Amer. Trans. Insur. Co.
IN 3 SEPARATE CASES, APPELLATE COURTS AGREE WITH US THAT WE ARE ENTITLED TO JUDGEMENT THAT DEFENDANT IS 100% RESPONSIBLE FOR CAUSING THE ACCIDENT, EVEN BEFORE DEPOSITIONS OR ANY OTHER DISCOVERY
When a Supreme Court Judge improperly denied our pre-discovery motion for summary judgment to hold the Defendants 100% liable, in a lane change dispute, we appealed and won. A unanimous panel of appellate judges agreed with our position and held Defendants 100% liable. Click here to view this appellate decision
-Steigelman v. Transervice Lease Corp., et al.
When a Supreme Court Judge improperly denied our pre-discovery motion for summary judgment to hold the Defendants 100% liable, in an alleged “sudden stop” situation, we appealed and won. A unanimous panel of appellate judges agreed with our position and held Defendants 100% liable, and even awarded costs. Click here to view this appellate decision
-Nikolic v. Citi-wide Sewer & Drain Service, et al.
When a Supreme Court Judge improperly denied our pre-discovery motion for summary judgment to hold the Defendants 100% liable in a rear end case, we appealed and won. A unanimous panel of appellate judges agreed with our position and held Defendants 100% liable. Click here to view this appellate decision
APPELLATE COURT AGREES WITH US THAT PLAINTIFF’S CLAIM SHOULD PROCEED TO TRIAL
When a trial court improperly dismissed our client’s case as not meeting New York’s “serious injury threshold law,” we appealed and won. The appellate court agreed with our position that our client’s case should proceed. Click here to view this appellate decision
-DiDomenico v. Kocur
APPELLATE COURT NEARLY TRIPLES VERDICT AWARDED FOR SOFT TISSUE INJURY
After we obtained an award of $168,000 for Plaintiff’s soft tissue injuries (one of the top motor vehicle verdicts in New York in 2011), we appealed, requesting an increase in the amount awarded for future pain and suffering. The Appellate Court agreed with us and added an additional $300,000 to the verdict. The value of the total recovery, as valued by the Appellate Court, inclusive of interest from the time liability was determined, exceeded $550,000.
This victory was all the more significant in that Defendants’ insurer, GEICO originally valued the case at $7,500, eventually offering $50,000 at trial. The client ended up with well over 10 times that amount. Click here to view this Appellate decision
-Vainer v. DiSalvo
APPELLATE COURT AGREES WITH US THAT INSURER IS NOT ENTITLED TO DISCOVERY
When a trial court ordered us to provide discovery to the insurance company in a “SUM” case, we appealed and won. The appellate court agreed with our position that the insurance company was not entitled to discovery and that the case can proceed to arbitration. Click here to view this appellate decision
-GEICO v. Giamo
APPELLATE COURT SUSTAINS VERDICT FOR NON-SURGICAL DISC INJURY AT OVER $1 MILLION
Defendants appealed a $1.3 Million Jury verdict we obtained for a soft tissue injury. The Appellate Court sustained the award at $1.045 Million, one of the highest ever in New York State for a non-surgical herniated disc. State Farm Insurance Company has now been forced to pay over $1.38 Million, inclusive of interest and costs. Click here for the Appellate decision:
-James v. Farhood
APPELLATE REVERSAL OF TRIAL COURT DECISION
Reversal of Supreme Court trial judge by Appellate Division, Second Department, successfully achieved in case where trial judge improperly disagreed with the 100% liability Jury verdict we obtained. Appellate court agreed with us, and reinstated the Jury verdict in full. Click here for the Appellate decision:
– Bolton v. Ejioleh Express
APPELLATE COURT SUSTAINS MAJORITY OF TRIAL COURT VERDICT
Following appeal by Defendant of a $1.2 Million Jury verdict, the Appellate Court directed an award of $700,000 (one of the largest amounts ever for a soft tissue injury, for pain and suffering only), plus considerable interest, for a total Judgment of over $800,000 to our client. Click here for the Appellate decision:
-Deshommes v. Ramdass
APPELLATE COURT KEEPS EMPLOYER IN CASE
Defendant employer appealed a trial court decision which denied their motion to dismiss them from the case. Appellate Court agreed with us and kept employer in the case. Click here to see this Appellate decision:
-Ojeda v. Garden of Eden
APPELATE COURT DENIES DISMISSAL OF INSURER FROM THE CASE
Defendant insurer appealed a trial court decision which denied their motion to dismiss them from the case. Appellate Court agreed with us and kept insurer in the case. Click here to see this Appellate decision:
-Levi v. Utica First Insurance Co.
APPELLATE COURT REVERSES TRIAL COURT VACATING OF DEFAULT JUDGMENT
Our office appealed a trial court’s order to vacate a default judgment that we had obtained against a Defendant. The First Department reinstated the judgment in its entirety, with interest and costs.
-Appeal involved an Allstate insured