Blog - New York Appellate Attorney

Trial Support and Strategy: Building an Unassailable Record for Appellate Success in New York

Trial lawyers are often focused on winning the next motion, preparing the next witness, or navigating the next evidentiary dispute

How Appellate Courts Differ From Trial Courts

The difference between an appellate court vs trial court is one of the most important structural distinctions in the American legal system.

What Happens When an Appellate Court Sends a Case Back

When the Appellate Division reviews a case in New York, it may affirm the decision, reverse it, modify it, or send the case back to the trial court

What It Means When an Appellate Court Upholds a Verdict

When the Appellate Division upholds verdict results in New York, it often feels like the final chapter of a long and hard-fought case

Court of Appeals Denies Leave to Appeal

If you are preparing an appellate brief or motion in New York, proper citation matters more than you may think. Judges and law clerks expect accuracy, consistency, and compliance with the official citation format.

How to Use the Tan Book

If you are preparing an appellate brief or motion in New York, proper citation matters more than you may think. Judges and law clerks expect accuracy, consistency, and compliance with the official citation format.

Why Appellate Counsel Matters: Turning Legal Splits Into Strategic Leverage

Departmental splits in New York’s appellate system aren’t just quirks of geography — they’re key factors that shape litigation strategy. With skilled appellate counsel, what might look like a legal gray area can become a strategic advantage.

Why the Sole Proximate Cause Defense Rarely Sticks in New York Labor Law Cases

If your client suffered a fall on a job site—or you're defending a contractor accused of violating Labor Law 240(1)—you've likely heard the term "sole proximate cause." It's one of the most misunderstood defenses in New York labor law cases.

Collateral Source Hearings in New York: Lessons from Liciaga v. NYC Transit Authority

When a personal injury verdict involves millions in future medical expenses, every detail matters—especially when it comes to offsetting those costs. In Liciaga v. New York City Transit Authority (231 AD3d 250 [2d Dept 2024]), the

Why New York Litigators Should Read the Pattern Jury Instructions (PJI) Before Trial Starts

Most lawyers don't think about New York’s Pattern Jury Instructions (PJI) until the last minute—when it’s time to prepare jury charges. But waiting until the end of trial prep misses a huge opportunity. The PJI isn’t just about wording for

Framing the Future: How Strategic Verdict Sheets Shape Post-Trial and Appellate Outcomes

Winning at trial is an important milestone, but it is rarely the end of the litigation process. The structure of the verdict sheet can play a critical role in determining whether a favorable result can be protected—or whether an unfavorable

Appealing to the New York Court of Appeals: Understanding the Process

The New York Court of Appeals is the state's highest court, and it plays a crucial role in shaping New York law. Appealing to this court is a highly specialized and challenging process that differs significantly from appeals to the Court

Changing the Law Through Strategy: Flanders v. Goodfellow and the Power of Litigation Tactics

The legal system often prides itself on predictability. Lawyers and clients alike rely on established rules to guide decision-making. But sometimes, the law simply doesn't work the way it should anymore. When that happens, change is

The Anatomy of a Civil Appeal in New York: From Notice of Appeal to Oral Argument

When a trial court decision does not yield the desired result, parties often wonder what comes next. In New York, pursuing a civil appeal is a complex but structured process that requires precision, strategy, and an intimate understanding

Leveraging New York's Sustainable Value Law for Fair Personal Injury Settlements

Often, lawyers and claims-adjusters will resolve cases based on an informal pricing scheme that naturally develops in the hallways of courthouses or at mediation tables. The primary focus of these negotiations seems to be “verdict value,”

Stay Motions- Find Ways to Make Your Case Unusual

The timeline of litigation is not always linear. Events and rulings can make proceeding to trial strategically unfavorable. Some of those events and rulings may be undone on an appeal, but there is not enough time to appeal.

The Critical Timing of Directed Verdict Motions: A Procedural Guide

Unlike most litigators, appellate attorneys spend most days in their offices writing motions and briefs. However, that is not to say their workdays are calm. Many days are faced with emergencies. Many times, the appellate attorney is called into

Navigating New York's Appellate Process: Understanding Appealability and Strategies for Success

New York’s appellate process is very liberal. Most orders can be appealed before a judgment is entered. This general proposition leads many to think that everything a court does is immediately appealable as of right. However, there are

The Admissibility of Settlement Agreements at Trial

One of the foundational lessons taught in law school is that evidence regarding settlements is generally inadmissible. Many lawyers go through their careers believing this is a rule without exceptions. Many lawyers carry this belief

Expert Witness Disclosures: Avoiding Pitfalls and Maximizing Trial Success in New York

Perhaps one of the most impressive feats a New York trial lawyer can achieve is effectively cross-examining an expert witness. While this may seem routine, since it happens in almost every trial, when compared to the rules of other jurisdictions

Why and When Should You Think About Integrating Appellate Counsel into Your Litigation Team?

Integrating appellate counsel into your litigation team can provide a fresh perspective that helps shape your strategy. Each member of your team brings a unique viewpoint. The pre-trial litigator has lived with the case for years and

Motion in Limine Strategy: Will Your Motion Win Your Trial or Make You Have to Try the Case Twice?

The more a lawyer works on a case, the more they refine their arguments. As trial preparations unfold, a lawyer often sees the case in a new light, unveiling new strategies that might render a trial unnecessary. But by this stage

Be Ready To Object: Addressing Inconsistent Verdicts to Preserve Appellate Arguments

Trial lawyers have asked me to assist them as appellate counsel during many trials over my career. Whether I attend daily court proceedings, ready to address emerging legal issues, or review daily transcripts to strategize

Crafting Effective Jury Instructions and Verdict Sheets: Avoiding Waivers and Strengthening Appeals

The jury instruction and verdict sheet can shape how the jury views the facts of the case. Thought must be put into what charges will be asked for and what questions will be asked of the jury before the trial begins and

High-Low Agreements: Avoiding Post-Trial Pitfalls and Ensuring Clear Outcomes

When I was a junior associate, I had the opportunity to spend a day at a trial. It was not my first time observing a trial, but it was my first time seeing a judge try to settle a case during a trial. Everyone was rushing to get through

Which Appeals Survive the Entry of Judgment?

Until the middle of 2022, the conventional wisdom was that almost every interlocutory order could be addressed on an appeal from a judgment. Then, the Court of Appeals decided Bonczar v American Multi-Cinema, Inc.

What Can Be Appealed After the Entry of Judgment?

An attorney was preparing for an oral argument before the Appellate Division. He had lived with this case for years. After all that time, he truly believed the motion court incorrectly granted summary judgment against his client.

The Notice of Entry and Notice of Appeal, Routine Documents with Outsized Pitfalls

As an experienced appellate attorney, I have seen firsthand the critical role that the Notice of Appeal and Notice of Entry play in the appellate process. These seemingly mundane documents can make or break a case,

The Strategy of the Missing Witness Charge

Trial lawyers hate to be on the receiving end of the missing witness charge, and with good reason. It allows the jury to draw harmful inferences against the lawyer’s clients. Many years ago, a trial lawyer I knew faced a problem.

Preserving Arguments to Leverage Results

Crafting a compelling motion or presenting arguments at trial can be akin to gazing into a crystal ball, attempting to foresee the pivotal issues that will sway the outcome. Often, determining which argument will resonate most

The Law Offices of Seth M. Weinberg, PLLC Blog