Appeals Unit

Brendan T. Fitzpatrick is the partner that heads up the firm’s Appeals Unit. Over the course of the years, the firm has handled appeals in every Appellate Department in New York State, the New York State Court of Appeals, the Second Circuit Court of Appeals, and the United States Supreme Court. The appeals have ranged from Federal issues concerning the IDEA, ADA, and ADEA to contractual indemnification to general negligence standards. In addition to handling appeals that originate within the firm, this unit has been retained to write and argue appeals for other law firms and insurance carriers.

Precedent-setting decisions included Pecker Iron Works v. Travelers Insurance Company, 99 N.Y.2d 391, 756 N.Y.S.2d 822 (2003) (contractual interpretation), Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Company, 89 N.Y.2d 786, 658 N.Y.S.2d 903 (1997) (contractual indemnification), Smith v. Shell Oil Company, 85 N.Y.2d 1000, 630 N.Y.2d 962 (1995) (Labor Law § 240), Maddox v. City of New York, 66 N.Y.2d 270, 496 N.Y.S.2d 726 (1985) (assumption of risk), Walczak v. Florida Union Free School District, 142 F.3d 119 (2^nd Cir. 1998) (application of the IDEA), and Landscape Forms, Inc. v. Columbia Cascade Co., 113 F.3d 373 (2^nd Cir. 1997) (tradedress).

This unit works with the trial attorneys throughout the course of litigation. This collaboration allows the attorneys to come together and identify the immediate legal issues that effect the case as well as those that may arise on the horizon. With this coordination, the firm is able to present a focused and effective case to the court.