Appeals
The attorneys at Burgio, Curvin & Banker are dedicated and focused on appellate practice in the state and federal courts. We look forward to representing our clients interests on appeal, including in complex civil appellate cases. Our clients seek our appellate legal counsel and through our expertise, we’ve driven several successful appellate awards for our clients.
Appeals are an integral part of civil litigation. It’s critical to be prepared for and successfully litigate cases for our clients on appeal. Our attorneys are skilled at representing our clients at appellate court proceedings, garnering success through tenacious representation, extensive preparation, a thorough knowledge of the law, and persuasive oral argument. We regularly advise clients in sophisticated, complex, and high-stakes litigation, and regularly brief and argue cases in state and federal courts.
The firm has a number of precedent-setting victories, including:
State Court Appeals
Morris v. Snappy Car Rental, 84 N.Y.2d 21 (N.Y. 1994). Successful appeal to the Court of Appeals, which held that an indemnification provision in automobile lease agreement was not void and unenforceable as part of adhesion contract where lessee was high school graduate who had attended college, nothing indicated lessee was prevented from reading agreement and requesting explanation of its contents, and lessee signed contract and initialed space next to disputed provision indicating she read and understood both.
Overhoff. v. Perfetto, 92 A.D.3d 1255 (4th Dep’t. 2012). Obtained a reversal of the lower Court’s ruling, denying summary judgment to our client on the basis that the Plaintiff did not suffer a “serious injury.”
Boroszko v. Zylinski, 140 A.D.3d 1742 (4th Dep’t. 2016). Successfully defended a Supreme Court judgment. Appellate Court affirms the lower Court’s Order granting our client summary judgment and dismissal of the opposition’s Complaint.
Roger v. Soos, 175 A.D.3d 937 (4th Dep’t. 2019). Successful appeal and achieved a reversal of the lower Court’s order denying our motion for dismissal and summary judgment under New York State Insurance Law §§5102(d) and 5104.
Stroh v. Kromer, 207 A.D.3d 1125 (4th Dep’t. 2022). Obtained reversal of a Supreme Court Order denying a motion for summary judgment on the issue of “serious injury” under New York State Insurance Law §§5102(d) and 5104.
Wind v. McNeil, 109 A.D.3d 1166 (4th Dep’t. 2013). Successfully defended a Supreme Court ruling that our client was permitted to amend an Answer and that the Complaint of the opponent was dismissed. Verdict for our client unanimously affirmed by the appellate court.
Town of West Seneca v. Louis Design Solutions Architecture, 187 A.D.3d 1514 (4th Dep’t 2013). Successfully argued the appellate court uphold the ruling of the lower court granting our client’s motion to dismiss.
Taggart v. Fandel, 151 A.D.3d 1782 (4th Dep’t. 2017). Successful appeal and reversal of the lower court’s order denying dismissal of the Complaint against our client in an action involving injuries alleged from exposure to lead paint.
Tiede v. Frontier Skydivers, Inc., 129 A.D.3d 1585 (4th Dep’t. 2015). Obtained reversal of lower Court’s order and successfully achieved a dismissal of the complaint against our client.
Washington-Livingston v. Purpora, 208 A.D.3d 1585 (4th Dep’t. 2022). Successfully defended a Supreme Court judgment wherein the Appellate Division affirmed the lower Court’s Order granting our client summary judgment pursuant to N.Y. Insurance Law §§ 5102(d) and 5104.
Federal Appeals
Dix v. Peters, 19-987-cv, United States Court of Appeals, Second Circuit, February 20, 2020. The Court of Appeals upheld the lower court’s Order dismissing the claims against our client for failure to state a claim and lack of personal jurisdiction.