Pulling for You
Appeals
When all else fails and a case has been dismissed or otherwise harmed by a court’s decision, then companies, attorneys, and individuals place their trust in White Plains appellate lawyer Peter Klose’s diligent research, capable writing, and insightful legal advocacy by hiring Klose & Associates as counsel in all types of complex litigation and appeals. Below are some of the reported cases that we have worked on over the years:
Gaston v. City of New York (Bronx, New York)
Sometimes attorneys, judges, and juries make mistakes. In this case, the defense attorney used unusually strong language during his summation (argument to the jury), and trial counsel believed that the jury was unfairly prejudiced against the injured pedestrian. As a result, the jury rendered a mixed verdict on liability and damages.
The trial attorneys decided to appeal the verdict and hired Klose & Associates as appellate counsel. Peter Klose, Klose & Associates, appealed to New York State Appellate Division (one court above the trial court), and successfully argued to increase the damage award. Specifically, the Appellate Court found that the jury’s verdict as to her past and future pain and suffering “deviated from what would be reasonable compensation to the extent indicated.”
The Bottom Line. Sometimes, depending upon the facts and circumstances of each case, a jury, a judge, or an attorney make a mistake which leads to reversal. In most appeals, however, the appellate court does not reverse, but here, the facts and circumstances warranted an INCREASE in the damages awarded by the jury. New York appeals counsel Klose & Associates added value by providing a concise appellate advocacy.
Correia v. Suarez INTENTIONAL TORTS – Westchester County
Jury awarded $106,000 to business owners pestered by neighbor. The owners and operators of a Tarrytown daycare center recovered a total of more than $100,000 in a suit against a neighbor who did not appreciate the center’s presence. In the suit, Abel and Lurdes Correia alleged that a neighbor, Eduardo Suarez, intentionally filed false complaints about the business’s operations and that he attempted to discourage and intimidate potential clients. Suarez contended that the children and a large parrot created an unreasonable amount of noise. He also claimed that the center’s vehicular traffic constantly blocked the sidewalk that bordered his home. The jury was not sympathetic, and it awarded $106,000, which included punitive damages of $70,000.
68 Burns New Holding Inc. v. Burns Street Owners Corp.
After his case had been dismissed, our client sought appellate representation by Peter Klose. On appeal from the Supreme Court, Queens County, Peter Klose won reversal of the judgment, permitting our client to proceed with his claims against a cooperative board and its managing agent relative to the sale of several sponsored units, and the defendants’ failure to properly apply Senior Citizens Rent Increase Exemption (SCRIE) credits.
Cherry v. Tucker
Based on the tireless motion and brief writing by Peter Klose, a dedicated appellate attorney in the White Plains area, the appeals court affirmed the Kings County Supreme Court decision dismissing a motor vehicle complaint against our client, a security company, alleging negligence, negligent hiring, negligent retention, and negligent supervision of a security guard. The company was dismissed from the case as a matter of law.
In re Reissman
Our appeals specialist, Peter Klose, argued an appeal from the Surrogate’s Court, Rockland County, concerning a property line dispute, where our client sought to force an estate to convey real property in a complex title dispute.
Bush v. City of New York
Appeal was taken from a personal injury, negligence action in the Bronx County, Supreme Court denying a motion by our client to dismiss the complaint. The appellate court ruled in favor of our client, allowing us to reargue the merits of an indemnification agreement. Upon rehearing, the Supreme Court granted our client’s motion and allowed our client to recover damages from its contractor in a complex construction accident litigation.
Cohen v. Gordon
After trial was complete, our attorney, Peter Klose, was hired as appellate counsel to argue that the trial court, Richmond County, failed to award prejudgment interest in a breach of fiduciary duty action. On appeal, with Mr. Klose successfully arguing that the client was entitled to interest accruing before the date of judgment, we secured a higher award.
Thompson v. Stop and Shop Companies
As appellate counsel in this slip and fall, negligence action against a supermarket company, Peter Klose successfully argued that the lower’s court’s order dismissing the action was proper. Specifically, Mr. Klose demonstrated that his client had no prior notice of the existence of a patch of spilled liquid upon which plaintiff allegedly fell, thereby alleviating the supermarket client from liability.
Nardelli v. Young Israel
In this case, the plaintiff brought suit against our client’s company because he had suffered injuries while working at a construction site. As appellate counsel in this personal injury, scaffolding law claim, White Plains appellate attorney Peter Klose successfully won reversal of the Nassau County Supreme Court decision which held the client’s company liable as a matter of law under the scaffold law. As a result, the parties were permitted to go to trial over serious questions of fact in this complex construction accident claim.
Tkacs v. Dominion Const. Corp.
As appellate counsel, Peter Klose again won reversal of the Nassau County Supreme Court’s order which granted our client’s motion for indemnification, however, limited the damages to the cost of liability insurance. On appeal, the court reversed the lower court’s determination of damages, thereby substantially increasing the award by including all damages resulting from the breach of the agreement. Ultimately, our construction company client was entitled to recover defense costs in the underlying personal injury action and indemnification for its liability to the plaintiff.
Medhi Dilmaghani & Co. v. Bring Savad & Fein
As appellate counsel to a law firm defending a lawyer in a legal malpractice matter, Mr. Klose won the right to pursue insurance coverage against the lawyer’s legal malpractice insurance carrier. Without winning the right to insurance coverage, the lawyer would have been at a significant disadvantage.
Halali v. Vista Environments, Inc.
On this appeal from the Kings County Supreme Court, Mr. Klose successfully reversed the lower court’s order which dismissed a claim for indemnification or contribution due to a personal injury action brought against insurance brokers who allegedly were negligent in procuring insurance.
Guzman v. Estate of Fluker
Appealing a decision from the Kings County Supreme Court, Peter Klose successfully argued that the lower court should have dismissed a claim of willful exaggeration of a mechanic’s lien against his client. After a prolonged battle in the lower court, our client was vindicated and the case was dismissed by the appeals court.
We have worked on various other motions and appeals in numerous cases involving a variety of complex and mundane issues of law. When other attorneys, companies and individuals seek his expertise, they know that they are getting a competent, articulate, and aggressive litigator who will spend the extra time to find a way to change the outcome. As a skilled appellate lawyer in the White Plains area, Peter Klose has developed expertise and competence in many areas of law, including environmental insurance coverage, legal malpractice, accountant’s malpractice, scaffold accident claims, court procedure, personal injury claims, land use issues, and real estate matters.
Clients from all walks of life trust that we will honestly assess the legal situation and work with the client to decide whether litigation of the dispute is the answer to the problem. Peter Klose will prosecute and perfect appeals throughout New York State, including:
- Review of trial transcripts, dockets, and records
- Identify appeal-related issues
- Draft, review and edit appellate briefs
- Present appeal oral arguments to appellate judges
Frequently Asked Questions
What Does it Mean to File an Appeal?
If a party loses a case in a lower court, the party may believe that a legal error has been made. Sometimes trial courts just get it wrong or there is no clear answer as to why the judge or jury reached a particular decision. For examples of cases that were appealed successfully by attorneys at Klose & Associates click here. If the losing party believes an error has been made in the lower court, the losing party often has the right to appeal to a higher level court. Appellate courts review how the law (as made by judges or the legislature) applies to the facts of the case. Generally, appellate courts are limited by the evidence presented to the lower court through documents, evidence, and testimony presented at the trial. Our New York civil litigation attorneys use appellate advocacy to present issues of law to the Appellate courts.
When Does it Make Sense to File an Appeal?
If a case has been dismissed or a court renders an unfavorable decision, it may make sense to file an appeal. For examples of cases that were appealed successfully by attorneys at Klose & Associates click here. Not all practicing attorneys have experience filing appeals or responding to appeals that have been filed. Peter Klose’s diligent research, capable writing, and insightful legal advocacy have assisted his clients in all types of complex litigation and appeals. Companies, attorneys, and individuals place their trust in Hudson Valley appellate lawyer Peter Klose, Esq.