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Appellate

Legal Practice

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Sophisticated clients understand that winning critical appeals requires the skill, experience and insight that only veteran appellate practitioners can provide. And in today’s increasingly complex and ever-changing legal and regulatory environment, the need for experienced appellate counsel has never been more important. For these reasons, when businesses, individuals, state and local governments, and other litigants need to undo an adverse decision or safeguard a hard-fought victory, they consistently turn to the Harris Beach Murtha Appellate Practice Group – for matters in New York, Connecticut, Massachusetts and beyond.

Our market-leading appellate practice wins appeals with a combination of innovative strategy, clear, vivid writing and forceful oral advocacy. Our appellate attorneys have a track record of success in courts throughout the Northeast and throughout the country – including the U.S. Supreme Court – in cases involving a diverse array of industries and areas of law. No matter the court, and no matter the legal issue, we relish the challenge of distilling complex cases to their core and presenting them in a plain-spoken yet powerful manner that resonates with generalist appellate judges.

The Appellate Practice Group is led by Brian Ginsberg, a former Assistant New York State Solicitor General who has litigated hundreds of appeals in federal and state courts nationwide and has personally presented more than 100 appellate oral arguments. While serving in the New York State Solicitor General’s Office, Brian frequently represented clients in their most important appeals brought and defended in U.S. Court of Appeals for the Second Circuit, the New York State Court of Appeals and the New York State Supreme Court Appellate Division – three of the most significant courts in the country for commercial and regulatory disputes. Brian is a go-to appellate attorney for high-stakes cases and clients in crisis. His appellate teams have rescued a major city’s mayoral administration from political activists seeking to force it out of office, a prominent financial services company from a former customer illicitly misusing its confidential information, and more. Clients often turn to Brian to develop novel legal theories, interpret complex statutes and regulations and present scientific and quantitative issues in an accessible way.

Brian is joined by Daniel Krisch, a former law clerk for a Supreme Court of Connecticut Chief Justice, member of the Connecticut Judicial Branch’s Advisory Committee on Appellate Rules, and a leading commentator on Connecticut state civil procedure and evidence law; Hon. Erin Peradotto, a retired Justice of the New York State Supreme Court Appellate Division who served on that court for nearly 17 years and who sat by designation on the New York State Court of Appeals; and Lisa LeCours, a former Chief Clerk and Legal Counsel to the New York State Court of Appeals who served that court in various roles for nearly a quarter-century. Attorneys from the Appellate Practice Group also formerly served as prosecutors, heads of city and county law departments and in-house counsel. In addition to being appellate generalists, many of our members have robust experience in specific subject areas, such as business and commercial litigation, election law, energy law, mass torts, labor and employment law, intellectual property law, municipal law, public finance and other legal disciplines. We are thought leaders as well, having literally “written the book” on appellate advocacy in the New York state court system: the venerable New York Appellate Practice treatise published by LexisNexis, which we meticulously revise and update annually. We draw strength from our many dimensions of professional diversity.

We also draw strength from teamwork and the collaborative approach that drives everything we do. Our appellate lawyers routinely join forces with the firm’s many vibrant industry teams and other practice groups, leveraging their deep substantive knowledge. When called upon to do so, we also work seamlessly with co-counsel from other law firms. And in all cases, we always treat our clients as the full partners they are. We take the time to learn what each case means to our clients, and then we put in the effort to shape our appellate presentation in a way that gives voice to their passions and concerns. Clients know that when they team up with the Harris Beach Murtha Appellate Practice Group, their case becomes our case, and their cause becomes our cause.

Our Appellate Practice Group focuses on appeals, but we also regularly work on cases long before an appeal is ever filed. Our stock-in-trade is the ability to apply strategic thinking and creativity to complex legal and factual concepts to formulate persuasive legal arguments and present them in plain English – a skill that is invaluable at every level of litigation. Our appellate litigators routinely use that skill to assist at the trial level in litigating dispositive motions seeking dismissal or summary judgment, motions involving complicated procedural issues, motions in limine, jury instructions and post-trial motions. Our appellate attorneys also provide strategic counseling regarding threatened and ongoing litigation and recurring discrete legal issues. Additionally, we prepare legal analyses for use outside the litigation context, such as position papers and comments on proposed statutes and regulations.

Whatever the forum, and whatever the task, clients come back to us again and again because they know that the Harris Beach Murtha Appellate Practice Group provides innovative, clear and persuasive written and oral advocacy.

Writing Persuasive Appellate Briefs

In any appeal, the written briefs are paramount. They are the parties’ first and best opportunity to frame the case, educate the court on the relevant legal and factual issues and orient the court to the parties’ point of view. Through comprehensive research and an approach that leaves no stone unturned, the Harris Beach Murtha Appellate Practice Group prepares briefs that distill complex cases to their core and present them in a plain-spoken yet powerful manner that resonates with generalist appellate judges. Our attorneys have written thousands of persuasive briefs spanning all varieties of substantive legal issues.

Presenting Effective Oral Arguments

In most appeals, oral argument is the parties’ only chance to address any questions the court has after reading the briefs – and the last input the court will receive before it deliberates and, ultimately, decides the case. For that reason, it is imperative that parties select appellate counsel who not only are capable of effectively preparing a top-flight written brief, but who also possess the different skill set necessary to advance their clients’ position through a back-and-forth oral dialogue with the judges. Harris Beach Murtha Appellate Practice Group attorneys are “courtroom lawyers” who have meticulously honed that rarefied ability. They have delivered hundreds of oral arguments in state and federal appellate courts throughout New York, Connecticut, Massachusetts and beyond.

Consulting on Trial Litigation

The Harris Beach Murtha Appellate Practice Group does more than brief and argue appeals. We routinely assist at the trial level in litigating dispositive motions seeking dismissal or summary judgment, motions involving complicated procedural issues, motions in limine, jury instructions and post-trial motions. We also provide strategic counseling regarding threatened and ongoing litigation and recurring discrete legal issues. Whatever the forum – appellate courts, trial courts, administrative tribunals and other venues – when sophisticated litigants need to develop novel legal theories, interpret complex statutes and regulations, and present scientific and quantitative issues in an accessible way, they recognize that the Harris Beach Murtha Appellate Practice Group is the place to turn.

Providing Strategic Advice on Critical Legal Developments

In-house legal teams regularly rely on the Harris Beach Murtha Appellate Practice Group to analyze, in real-time, key decisions issued by appellate courts throughout the country – including the U.S. Supreme Court, the U.S. Courts of Appeals for the First and Second Circuits, and the New York State Court of Appeals, the Connecticut Supreme Court and the Massachusetts Supreme Judicial Court. By staying on top of emerging trends and developments, our appellate attorneys assist clients in identifying challenges and opportunities related to their industry, practice and business. We also proactively work with clients to break down complex legal issues unfolding outside of their focus areas to help them better anticipate potential consequences and opportunities that ultimately may arise in their sector.

Consulting with Other Law Firms

The Harris Beach Murtha Appellate Practice Group routinely partners with other law firms and consults with them on appellate issues, particularly regarding appeals in New York, Connecticut and Massachusetts. We are available to serve as local counsel for the entirety of an appeal, to assist with discrete parts of an appeal on a project basis, or to play virtually any other role. Other lawyers often turn to us because of our well-earned reputation as team players who are always ready to find a way to collaborate.

Practice Leader(s)

Partner Brian Ginsberg

Brian D. Ginsberg

Member

(914) 298-3028

bginsberg@harrisbeachmurtha.com

Team

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Richard Barbecho

Richard S. Barbecho

Associate

(212) 912-3676

rbarbecho@harrisbeachmurtha.com

Partner Richard J. Basile

Richard J. Basile

Member

(203) 653-5412

rbasile@harrisbeachmurtha.com

Darius Chafizadeh

Darius P. Chafizadeh

Member

(914) 683-1212

dchafizadeh@harrisbeachmurtha.com

Attorney Daniel C. Cohn

Daniel C. Cohn

Member

(617) 457-4155

dcohn@harrisbeachmurtha.com

Partner Mark G. DeGiacomo

Mark G. DeGiacomo

Member

(617) 457-4039

mdegiacomo@harrisbeachmurtha.com

Mathew T. Dudley

Member

(914) 298-3019

mdudley@harrisbeachmurtha.com

Partner Marilyn B. Fagelson

Marilyn B. Fagelson

Of Counsel

(203) 772-7725

mfagelson@harrisbeachmurtha.com

Christopher Feldman

Christopher H. Feldman

Senior Counsel

(914) 298-3007

cfeldman@harrisbeachmurtha.com

Allison Fiut

Allison B. Fiut

Member

(716) 200-5197

afiut@harrisbeachmurtha.com

Joseph Frateschi, Public Finance attorney

Joseph V. Frateschi

Member

(315) 214-2036

jfrateschi@harrisbeachmurtha.com

Abbie Fuchs

Abbie L. Eliasberg Fuchs

Member

(212) 313-5408

afuchs@harrisbeachmurtha.com

Partner Taruna Garg

Taruna Garg

Member

(203) 653-5410

tgarg@harrisbeachmurtha.com

Partner Thomas Garry, Business and Commercial Litigation attorney

Thomas J. Garry

Member

(516) 880-8489

tgarry@harrisbeachmurtha.com

Kyle Gooch

Kyle D. Gooch

Member

(585) 419-8844

kgooch@harrisbeachmurtha.com

Victoria Graffeo

Victoria A. Graffeo

Of Counsel

(518) 701-2744

vgraffeo@harrisbeachmurtha.com

Elliot Hallak

Elliot A. Hallak

Member

(518) 701-2748

ehallak@harrisbeachmurtha.com

Partner Jared Kasschau, Political Law attorney

Jared A. Kasschau

Member

(516) 880-8106

jkasschau@harrisbeachmurtha.com

Doreen Klein

Doreen Klein

Member

(914) 298-3013

dklein@harrisbeachmurtha.com

Attorney Julie A. Lavoie

Julie A. Lavoie

Associate

(860) 240-6035

jlavoie@harrisbeachmurtha.com

Daniel R. LeCours

Daniel R. LeCours

Member

(518) 701-2749

dlecours@harrisbeachmurtha.com

Lisa LeCours

Lisa A. LeCours

Member

(518) 701-2763

llecours@harrisbeachmurtha.com

Lorey Rives Leddy

Lorey Rives Leddy

Member

(203) 653-5437

lleddy@harrisbeachmurtha.com

John Mcmanus

John T. McManus

Member

(518) 701-2734

jmcmanus@harrisbeachmurtha.com

Partner Julian B. Modesti

Julian B. Modesti

Member

(315) 214-2004

jmodesti@harrisbeachmurtha.com

Partner Jennifer L. Morgan

Jennifer L. Morgan

Member

(203) 772-7735

jmorgan@harrisbeachmurtha.com

Omar Nasar

Omar Nasar

Member

(212) 313-5442

onasar@harrisbeachmurtha.com

Kari Olson

Kari L. Olson

Member

(860) 240-6085

kolson@harrisbeachmurtha.com

Andrew Orenstein

Andrew J. Orenstein

Member

(212) 313-5473

aorenstein@harrisbeachmurtha.com

Christopher Palermo

Christopher C. Palermo

Member

(914) 298-3032

cpalermo@harrisbeachmurtha.com

Judge Erin Peradotto

Erin M. Peradotto

Member

(716) 200-5132

eperadotto@harrisbeachmurtha.com

Attorney Cynthia C. Robertson

Cynthia C. Robertson

Senior Counsel

(315) 214-2037

crobertson@harrisbeachmurtha.com

Aubrey Ohanian

Aubrey A. (Ohanian) Roman

Member

(518) 701-2720

aroman@harrisbeachmurtha.com

Laura Smalley

Laura W. Smalley

Member

(585) 419-8736

lsmalley@harrisbeachmurtha.com

Attorney Joseph D. Szerejko

Joseph D. Szerejko

Senior Counsel

(860) 240-6186

jszerejko@harrisbeachmurtha.com

Ibrahim Tariq

Ibrahim Tariq

Member

(585) 419-8556

itariq@harrisbeachmurtha.com

Bradley Wanner

Bradley M. Wanner

Member

(212) 912-3653

bwanner@harrisbeachmurtha.com

  • Tomaselli v. Zimmer (Second Circuit Court of Appeals; 2018); affirmed previous decision granting summary judgment in a medical device product liability matter involving a hip fixation device.
  • Kimmel v. State, 29 N.Y. 3d 386, 2017 N.Y. Slip Op. 03689, 2017 WL 1838940 (May 2017); successfully argued, in a case of first impression,  that Article 86 of the CPLR requires the state to pay the legal fees of certain parties in actions against the state.
  • Town of Marilla v. Travis, 151 A.D.3d 1588 (4th Dept. 2017); successfully defended challenge to environmental review undertaken by Department of Environmental Conservation pursuant to New York State Environmental Quality Review Act for Part 360 Permit.
  • Pittsford Canalside Properties, LLC v. Village of Pittsford, 137 AD3d 1566 (4th Dept. 2016); successfully obtained annulment of rescission of negative declaration pursuant to New York State Environmental Quality Review Act
  • In re JP Morgan Chase,  133 A.D. 3d 1292 (4th 2015), lv denied 27 N.Y. 3d 901 (2016); Trial and appellate counsel for multinational banking institution in various trust accounting proceedings brought in Surrogate’s Courts in Monroe, Wayne and Westchester Counties, defending claims of breach of fiduciary duty relating to investment and management of trust assets, and successfully overturning a trial court’s finding of imprudence at the Appellate Division and opposing trust beneficiaries’ motion for leave to appeal to the New York Court of Appeals.  Successfully reversed a verdict of over $3.5 million and secured dismissal of all claims against institutional trustee in an accounting proceeding and successfully resisted objectants’ motion for leave to appeal to the New York Court of Appeals.
  • Horace-Manasse v. Wells Fargo Bank, N.A., 521 Fed. Appx. 782 (11th Cir. 2013); obtained dismissal with prejudice of Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy claims brought against a large financial institution by putative class of investors in an alleged Ponzi scheme seeking treble damages in excess of $200 million.
  • FLB, LLC v. Cellco Partnership, 2013 WL 5681754 (October 21, 2013); successfully argued for affirmance of granting of summary judgment dismissing action for breach of contract, tortious interference and breach of covenant of good faith and fair dealing.
  • Buffalo Teachers Federation v. Tobe, 12-0958-CV, 2013 WL 1092664 (March 18, 2013); successfully argued for affirmance of the decision of court below denying motion to recall the mandate.
  • Addonisio v. City of New York, et. al., 112 A.D.3d 554, 2013 WL 6850258 (1st Dept., 2013); successfully argued for affirmance of granting of summary judgment dismissing the Complaint on the ground that there was no duty to warn under the facts presented.
  • In the matter of Buffalo Professional Firefighters Association, Inc., IAFF Local 282, Petitioner-Appellant, v. Buffalo Fiscal Stability Authority, City of Buffalo and Byron Brown, Mayor, City of Buffalo, Respondents-Respondents., 2013 WL 1777782, 2013 N.Y. Slip Op. 02931 (N.Y.A.D. 4th Dept. Apr 26, 2013) (NO. CA 12-02126); successfully argued for application of res judicata to claim by plaintiffs on an arbitration award.
  • Badesha v. Soch, 104 A.D. 3d 1268 (4th Dept., 2013); successfully argued for affirmance of denial of summary judgment in religious corporation dispute.
  • Jaoude v. Hannah, 104 A. D. 3d 1270 (4th Dept., 2013); successfully argued for affirmance of denial of motion to set aside a jury verdict for the defendant in which the defendant driver had backed into the side of the plaintiff’s vehicle.
  • American Rock Salt, LLC v. Commissioner Taxation and Finance, 957 N.Y.S. 2d 436 (3rd Dept., 2012); Elmer W. Davis Inc. v. Commissioner Taxation and Finance, 957 N.Y.S. 2nd 427 (3rd Dept., 2012); successfully argued for exemption for rolling stock which was a part of an Industrial Development Agency project reversing the determination of the State Department of Taxation and Finance.
  • Gress v. Brown, 20 N.Y. 3d 957 (2012); obtained leave and successfully argued for the application of the four month statute of limitations to a declaratory judgment action reversing the courts below.
  • Meegan v. Brown, 16 N.Y. 3d 395 (2011); obtained leave and successfully argued for reversal of Appellate Division on construction of a statute on the accrual of steps and increments during a wage freeze.
  • Mazurett v. Rochester City School Dist., 88 A.D.3d 1304 (4th Dept., 2011); successfully argued for affirming summary judgment in a Labor Law 240 case rejecting the recalcitrant worker defense.
  • Buffalo Teachers Federation v. Tobe, 464 F.3d 362 (2nd Circuit, 2006); 11 Wage & Hour Cas. 2d (BNA) 1623; 153 Lab. L. Rep. (CCH) 60274, Decided, U.S. Supreme Court certiorari denied by Buffalo Teachers Fed. v. Tobe, 2007 U.S. Lexis 4563 (U.S., Apr. 30, 2007); successfully argued constitutionality of wage freeze.

Resources

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Tom Garry Named a Long Island Law Influencer

news

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123 Harris Beach Murtha Lawyers Recognized as 2027 Best Lawyers® Award Recipients; 10 Earn “Lawyer of the Year” Recognition

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Media Outlets Across the Northeast Spotlight Harris Beach Murtha’s Planned Addition of Peabody & Arnold

See All News For Appellate
events

Appellate Leader Joins New York Bar Association Panel

May 2, 2026
events

Brian Ginsberg and Lisa LeCours Participate in Albany County Bar Association Panel

February 24, 2026
events

Panel Discussion: New York State Court of Appeals

February 20, 2025
events

Brian Ginsberg to Discuss NY Court of Appeals for Upcoming New York City Bar Association CLE

June 26, 2024
events

Appellate Chair Daniel Krisch Speaks at 2024 Connecticut Legal Conference Hosted by the Connecticut Bar Association

June 10, 2024
events

Erin Peradotto to Present Ethics CLE for the Erie Institute of Law

May 30, 2024
See All Events For Appellate

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Appellate

Legal Practice

Capabilities
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Harris Beach Murtha Attorneys at Law

Appellate

Legal Practice

Profile

Sophisticated clients understand that winning critical appeals requires the skill, experience and insight that only veteran appellate practitioners can provide. And in today’s increasingly complex and ever-changing legal and regulatory environment, the need for experienced appellate counsel has never been more important. For these reasons, when businesses, individuals, state and local governments, and other litigants need to undo an adverse decision or safeguard a hard-fought victory, they consistently turn to the Harris Beach Murtha Appellate Practice Group – for matters in New York, Connecticut, Massachusetts and beyond.

Our market-leading appellate practice wins appeals with a combination of innovative strategy, clear, vivid writing and forceful oral advocacy. Our appellate attorneys have a track record of success in courts throughout the Northeast and throughout the country – including the U.S. Supreme Court – in cases involving a diverse array of industries and areas of law. No matter the court, and no matter the legal issue, we relish the challenge of distilling complex cases to their core and presenting them in a plain-spoken yet powerful manner that resonates with generalist appellate judges.

The Appellate Practice Group is led by Brian Ginsberg, a former Assistant New York State Solicitor General who has litigated hundreds of appeals in federal and state courts nationwide and has personally presented more than 100 appellate oral arguments. While serving in the New York State Solicitor General’s Office, Brian frequently represented clients in their most important appeals brought and defended in U.S. Court of Appeals for the Second Circuit, the New York State Court of Appeals and the New York State Supreme Court Appellate Division – three of the most significant courts in the country for commercial and regulatory disputes. Brian is a go-to appellate attorney for high-stakes cases and clients in crisis. His appellate teams have rescued a major city’s mayoral administration from political activists seeking to force it out of office, a prominent financial services company from a former customer illicitly misusing its confidential information, and more. Clients often turn to Brian to develop novel legal theories, interpret complex statutes and regulations and present scientific and quantitative issues in an accessible way.

Brian is joined by Daniel Krisch, a former law clerk for a Supreme Court of Connecticut Chief Justice, member of the Connecticut Judicial Branch’s Advisory Committee on Appellate Rules, and a leading commentator on Connecticut state civil procedure and evidence law; Hon. Erin Peradotto, a retired Justice of the New York State Supreme Court Appellate Division who served on that court for nearly 17 years and who sat by designation on the New York State Court of Appeals; and Lisa LeCours, a former Chief Clerk and Legal Counsel to the New York State Court of Appeals who served that court in various roles for nearly a quarter-century. Attorneys from the Appellate Practice Group also formerly served as prosecutors, heads of city and county law departments and in-house counsel. In addition to being appellate generalists, many of our members have robust experience in specific subject areas, such as business and commercial litigation, election law, energy law, mass torts, labor and employment law, intellectual property law, municipal law, public finance and other legal disciplines. We are thought leaders as well, having literally “written the book” on appellate advocacy in the New York state court system: the venerable New York Appellate Practice treatise published by LexisNexis, which we meticulously revise and update annually. We draw strength from our many dimensions of professional diversity.

We also draw strength from teamwork and the collaborative approach that drives everything we do. Our appellate lawyers routinely join forces with the firm’s many vibrant industry teams and other practice groups, leveraging their deep substantive knowledge. When called upon to do so, we also work seamlessly with co-counsel from other law firms. And in all cases, we always treat our clients as the full partners they are. We take the time to learn what each case means to our clients, and then we put in the effort to shape our appellate presentation in a way that gives voice to their passions and concerns. Clients know that when they team up with the Harris Beach Murtha Appellate Practice Group, their case becomes our case, and their cause becomes our cause.

Our Appellate Practice Group focuses on appeals, but we also regularly work on cases long before an appeal is ever filed. Our stock-in-trade is the ability to apply strategic thinking and creativity to complex legal and factual concepts to formulate persuasive legal arguments and present them in plain English – a skill that is invaluable at every level of litigation. Our appellate litigators routinely use that skill to assist at the trial level in litigating dispositive motions seeking dismissal or summary judgment, motions involving complicated procedural issues, motions in limine, jury instructions and post-trial motions. Our appellate attorneys also provide strategic counseling regarding threatened and ongoing litigation and recurring discrete legal issues. Additionally, we prepare legal analyses for use outside the litigation context, such as position papers and comments on proposed statutes and regulations.

Whatever the forum, and whatever the task, clients come back to us again and again because they know that the Harris Beach Murtha Appellate Practice Group provides innovative, clear and persuasive written and oral advocacy.

Services

Writing Persuasive Appellate Briefs

In any appeal, the written briefs are paramount. They are the parties’ first and best opportunity to frame the case, educate the court on the relevant legal and factual issues and orient the court to the parties’ point of view. Through comprehensive research and an approach that leaves no stone unturned, the Harris Beach Murtha Appellate Practice Group prepares briefs that distill complex cases to their core and present them in a plain-spoken yet powerful manner that resonates with generalist appellate judges. Our attorneys have written thousands of persuasive briefs spanning all varieties of substantive legal issues.

Presenting Effective Oral Arguments

In most appeals, oral argument is the parties’ only chance to address any questions the court has after reading the briefs – and the last input the court will receive before it deliberates and, ultimately, decides the case. For that reason, it is imperative that parties select appellate counsel who not only are capable of effectively preparing a top-flight written brief, but who also possess the different skill set necessary to advance their clients’ position through a back-and-forth oral dialogue with the judges. Harris Beach Murtha Appellate Practice Group attorneys are “courtroom lawyers” who have meticulously honed that rarefied ability. They have delivered hundreds of oral arguments in state and federal appellate courts throughout New York, Connecticut, Massachusetts and beyond.

Consulting on Trial Litigation

The Harris Beach Murtha Appellate Practice Group does more than brief and argue appeals. We routinely assist at the trial level in litigating dispositive motions seeking dismissal or summary judgment, motions involving complicated procedural issues, motions in limine, jury instructions and post-trial motions. We also provide strategic counseling regarding threatened and ongoing litigation and recurring discrete legal issues. Whatever the forum – appellate courts, trial courts, administrative tribunals and other venues – when sophisticated litigants need to develop novel legal theories, interpret complex statutes and regulations, and present scientific and quantitative issues in an accessible way, they recognize that the Harris Beach Murtha Appellate Practice Group is the place to turn.

Providing Strategic Advice on Critical Legal Developments

In-house legal teams regularly rely on the Harris Beach Murtha Appellate Practice Group to analyze, in real-time, key decisions issued by appellate courts throughout the country – including the U.S. Supreme Court, the U.S. Courts of Appeals for the First and Second Circuits, and the New York State Court of Appeals, the Connecticut Supreme Court and the Massachusetts Supreme Judicial Court. By staying on top of emerging trends and developments, our appellate attorneys assist clients in identifying challenges and opportunities related to their industry, practice and business. We also proactively work with clients to break down complex legal issues unfolding outside of their focus areas to help them better anticipate potential consequences and opportunities that ultimately may arise in their sector.

Consulting with Other Law Firms

The Harris Beach Murtha Appellate Practice Group routinely partners with other law firms and consults with them on appellate issues, particularly regarding appeals in New York, Connecticut and Massachusetts. We are available to serve as local counsel for the entirety of an appeal, to assist with discrete parts of an appeal on a project basis, or to play virtually any other role. Other lawyers often turn to us because of our well-earned reputation as team players who are always ready to find a way to collaborate.

Experience

  • Tomaselli v. Zimmer (Second Circuit Court of Appeals; 2018); affirmed previous decision granting summary judgment in a medical device product liability matter involving a hip fixation device.
  • Kimmel v. State, 29 N.Y. 3d 386, 2017 N.Y. Slip Op. 03689, 2017 WL 1838940 (May 2017); successfully argued, in a case of first impression,  that Article 86 of the CPLR requires the state to pay the legal fees of certain parties in actions against the state.
  • Town of Marilla v. Travis, 151 A.D.3d 1588 (4th Dept. 2017); successfully defended challenge to environmental review undertaken by Department of Environmental Conservation pursuant to New York State Environmental Quality Review Act for Part 360 Permit.
  • Pittsford Canalside Properties, LLC v. Village of Pittsford, 137 AD3d 1566 (4th Dept. 2016); successfully obtained annulment of rescission of negative declaration pursuant to New York State Environmental Quality Review Act
  • In re JP Morgan Chase,  133 A.D. 3d 1292 (4th 2015), lv denied 27 N.Y. 3d 901 (2016); Trial and appellate counsel for multinational banking institution in various trust accounting proceedings brought in Surrogate’s Courts in Monroe, Wayne and Westchester Counties, defending claims of breach of fiduciary duty relating to investment and management of trust assets, and successfully overturning a trial court’s finding of imprudence at the Appellate Division and opposing trust beneficiaries’ motion for leave to appeal to the New York Court of Appeals.  Successfully reversed a verdict of over $3.5 million and secured dismissal of all claims against institutional trustee in an accounting proceeding and successfully resisted objectants’ motion for leave to appeal to the New York Court of Appeals.
  • Horace-Manasse v. Wells Fargo Bank, N.A., 521 Fed. Appx. 782 (11th Cir. 2013); obtained dismissal with prejudice of Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy claims brought against a large financial institution by putative class of investors in an alleged Ponzi scheme seeking treble damages in excess of $200 million.
  • FLB, LLC v. Cellco Partnership, 2013 WL 5681754 (October 21, 2013); successfully argued for affirmance of granting of summary judgment dismissing action for breach of contract, tortious interference and breach of covenant of good faith and fair dealing.
  • Buffalo Teachers Federation v. Tobe, 12-0958-CV, 2013 WL 1092664 (March 18, 2013); successfully argued for affirmance of the decision of court below denying motion to recall the mandate.
  • Addonisio v. City of New York, et. al., 112 A.D.3d 554, 2013 WL 6850258 (1st Dept., 2013); successfully argued for affirmance of granting of summary judgment dismissing the Complaint on the ground that there was no duty to warn under the facts presented.
  • In the matter of Buffalo Professional Firefighters Association, Inc., IAFF Local 282, Petitioner-Appellant, v. Buffalo Fiscal Stability Authority, City of Buffalo and Byron Brown, Mayor, City of Buffalo, Respondents-Respondents., 2013 WL 1777782, 2013 N.Y. Slip Op. 02931 (N.Y.A.D. 4th Dept. Apr 26, 2013) (NO. CA 12-02126); successfully argued for application of res judicata to claim by plaintiffs on an arbitration award.
  • Badesha v. Soch, 104 A.D. 3d 1268 (4th Dept., 2013); successfully argued for affirmance of denial of summary judgment in religious corporation dispute.
  • Jaoude v. Hannah, 104 A. D. 3d 1270 (4th Dept., 2013); successfully argued for affirmance of denial of motion to set aside a jury verdict for the defendant in which the defendant driver had backed into the side of the plaintiff’s vehicle.
  • American Rock Salt, LLC v. Commissioner Taxation and Finance, 957 N.Y.S. 2d 436 (3rd Dept., 2012); Elmer W. Davis Inc. v. Commissioner Taxation and Finance, 957 N.Y.S. 2nd 427 (3rd Dept., 2012); successfully argued for exemption for rolling stock which was a part of an Industrial Development Agency project reversing the determination of the State Department of Taxation and Finance.
  • Gress v. Brown, 20 N.Y. 3d 957 (2012); obtained leave and successfully argued for the application of the four month statute of limitations to a declaratory judgment action reversing the courts below.
  • Meegan v. Brown, 16 N.Y. 3d 395 (2011); obtained leave and successfully argued for reversal of Appellate Division on construction of a statute on the accrual of steps and increments during a wage freeze.
  • Mazurett v. Rochester City School Dist., 88 A.D.3d 1304 (4th Dept., 2011); successfully argued for affirming summary judgment in a Labor Law 240 case rejecting the recalcitrant worker defense.
  • Buffalo Teachers Federation v. Tobe, 464 F.3d 362 (2nd Circuit, 2006); 11 Wage & Hour Cas. 2d (BNA) 1623; 153 Lab. L. Rep. (CCH) 60274, Decided, U.S. Supreme Court certiorari denied by Buffalo Teachers Fed. v. Tobe, 2007 U.S. Lexis 4563 (U.S., Apr. 30, 2007); successfully argued constitutionality of wage freeze.

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