Appellate Practice Group
Nicholas M. Cardascia and Glenn A. Kaminska are the co-chairs of the Firm's Appeals Group. The Firm handles appeals throughout New York and New Jersey, including the New York State Court of Appeals and the Second Circuit Court of Appeals. The Firm has briefed and argued appeals on a myriad of issues ranging from contracts, insurance law, indemnification issues, general negligence principles to Federal statutes, including the IDEA, ADA, and ADEA.
The Firm's Appeals Group not only handles appeals that originate within the Firm, but members of the group have been retained to write and argue appeals for other law firms, insurance carriers and businesses.
Precedent-setting decisions have included Toefer v. Long Island R.R., 4 N.Y.3d 399 (2005) (Labor Law § 240), Bower Assoc. v. Town of Pleasant Valley, 2 N.Y.3d 617 (2004) (property rights and 42 USC § 1983), Pecker Iron Works v. Travelers Ins. Co., 99 N.Y.2d 391 (2003) (contractual interpretation), Itri Brick & Concrete Corp. v. Aetna Cas.& Sur. Co., 89 N.Y.2d 786 (1997) (contractual indemnification), Smith v. Shell Oil Co., 85 N.Y.2d 1000 (1995) (Labor Law § 240), Maddox v. City of New York, 66 N.Y.2d 270 (1985) (assumption of risk), Walczak v. Florida Union Free Sch. Dist., 142 F.3d 119 (2nd Cir. 1998) (application of the IDEA), and Landscape Forms, Inc. v. Columbia Cascade Co., 113 F.3d 373 (2nd Cir. 1997) (tradedress).
The Firm's Appellate Group also works closely with the Firm's trial attorneys throughout the course of litigation. This collaboration allows the attorneys to come together and identify the immediate legal issues that affect the case as well as those that may develop during the litigation. With this coordination, the Firm is able to present a focused and effective case to the court.