Appeals
Although we endeavor to finally resolve your dispute through settlement or trial at the lower court level, when there is a significant issue one party believes to have been wrongly decided, an appeal may be necessary.
Our team is experienced in navigating the complexities of appellate procedures and will diligently work to present a compelling case on your behalf. We understand that the appellate process can be daunting, and we strive to provide clear guidance and robust advocacy throughout this critical stage.
Representative Cases
Andrew successfully argued on appeal that the plaintiff's claim for a constructive trust was not time-barred, as the alleged wrongful acquisition of the property occurred in 2019, within the statute of limitations. He also demonstrated that triable issues of fact existed regarding whether a constructive trust should be imposed to prevent unjust enrichment. These arguments persuaded the appellate court to affirm the denial of summary judgment on the constructive trust claim while modifying the decision to dismiss the quiet title claim due to the plaintiff's lack of standing.
Matter of Adriana K. v Grzegorz K., 215 A.D.3d 490 (1st Dep't 2023)
Andrew successfully represented a mother in a child support enforcement proceeding. The appellate court affirmed the Family Court's decision to impose a three-month incarceration term on the father for willfully violating a child support order. The court rejected the father's arguments, including his claim that a second hearing was required, and upheld the lower court's discretion in imposing the sentence.
Andrew successfully represented a mother in an appeal challenging a neglect finding under Article 10 of the Family Court Act. The appellate court reversed the Family Court's decision, dismissing the petition against the mother. Andrew's advocacy demonstrated that the evidence presented was insufficient to establish neglect, securing a favorable outcome that protected the respondent's parental rights and upheld the integrity of the legal process.
L.I. City Ventures LLC v. Sismanoglou, 158 A.D.3d 567 (1st Dep’t 2018)
Andrew successfully represented the plaintiff in a commercial real estate dispute involving claims of tortious interference and unjust enrichment. The Appellate Division, First Department, affirmed the lower court's decision to deny the defendants' motion to dismiss these claims. Andrew's effective advocacy established the validity of the plaintiff's allegations, including the defendants' use of a two-step transaction to evade payment of a commission under an exclusive brokerage agreement. This appellate victory strengthened the plaintiff's position, ultimately leading to a favorable settlement.
Melvin v. Melvin, 154 A.D.3d 596 (1st Dep’t 2017)
Andrew assisted in drafting an appellate brief to the Appellate Division, First Department, concerning a matrimonial dispute involving claims of marital waste. The Appellate Court affirmed the lower court's decision, holding that the wife was judicially estopped from asserting that charitable contributions made during the marriage constituted marital waste. Andrew's effective advocacy demonstrated that the wife, having signed joint tax returns reflecting the contributions, could not later claim they were made without her consent. This decision safeguarded the husband's financial interests.
Blashka v. N.Y. Hotel Trades Council, 126 A.D.3d 503 (1st Dep’t 2015)
Devika successfully represented the plaintiff in a whistleblower retaliation claim under Labor Law § 741. She argued that the plaintiff's termination was in retaliation for reporting patient care violations, including permitting a dentist with untreated alcohol addiction to practice dentistry. Devika demonstrated that the plaintiff's disclosures were protected under Labor Law § 741 and established a causal connection between the disclosures and termination. Her advocacy led to the appellate court reversing the lower court's decision, reinstating the plaintiff's complaint, and affirming critical protections for healthcare employees under whistleblower laws.