Practice Area

Appeals

Counsel · Brian M. Levine, Esq.
First and Second Departments.

Appellate representation of appellants and respondents in the Appellate Division, First and Second Departments.

Overview

An appeal is a different discipline from a trial. The record is fixed, the audience is a panel, and the argument must be built on what the law requires rather than what the facts suggest. Brian M. Levine has been successful on both sides of appeals in the Appellate Division, First and Second Departments, representing appellants seeking to overturn an adverse decision and respondents defending a hard-won result.

On appeal the record is fixed. The argument is everything.

Because the firm handles its own litigation from inception, appellate issues are identified and preserved early, when it still matters.

What we handle

The work within this practice.

Appeals from orders and judgments in the First and Second Departments
Opposition to appeals on behalf of respondents
Record review and issue identification
Appellate briefing and oral argument

Representative matters

Experience in this practice.

AppealsSecond Department

Reversed

For: Homeowners

Second Department reverses order that left a default foreclosure judgment in place

Retained on appeal by homeowners after the trial court refused to vacate a judgment of foreclosure and sale entered against them on default on a $1 million mortgage. The Appellate Division, Second Department, reversed, ordered a hearing on whether the homeowners had ever been properly served, and awarded them costs. The reversal gave the clients the leverage to complete a short sale with the lender.

AppealsFirst Department

Affirmed

For: General contractor

First Department affirms dismissal of a subcontractor's claims against a general contractor

Represented a general contractor and its principal as respondents on a subcontractor's appeal from an order dismissing its complaint, which asserted breach of contract, account stated, breach of fiduciary duty, fraud, and unjust enrichment arising out of a Manhattan hotel project. The Appellate Division, First Department, unanimously affirmed the dismissal of the entire complaint as time-barred.

AppealsFirst Department

Dismissal upheld

For: General contractor

First Department upholds dismissal of a subcontractor's time-barred and veil-piercing claims

Represented a general contractor and its principal as respondents on a subcontractor's appeal in a second action arising out of a Manhattan hotel project. The Appellate Division, First Department, upheld the dismissal of the subcontractor's account stated, unjust enrichment, and quantum meruit claims as time-barred, held that the subcontractor had not alleged facts sufficient to pierce the corporate veil and reach the contractor's principal, and rejected its attempt to recast the dispute as one for fraud.

AppealsFirst Department

Claims struck

For: General contractor

First Department strikes fraudulent conveyance claims added against a general contractor

Represented a general contractor as appellant from a trial court order that had allowed a subcontractor to amend its complaint to add fraudulent conveyance claims under the Debtor and Creditor Law. The Appellate Division, First Department, held that leave to add those claims should not have been granted: they were time-barred and did not relate back to the original pleading. The court modified the order to deny the amendment as to all three fraudulent conveyance claims.

The matters described on this site are illustrative and do not describe every matter the firm has handled. Each matter turns on its own facts, and the absence of a stated outcome should not be read as a comment on the result. Prior results do not guarantee a similar outcome.

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Appeals

The work within this practice.

Experience in this practice.

Second Department reverses order that left a default foreclosure judgment in place

First Department affirms dismissal of a subcontractor's claims against a general contractor

First Department upholds dismissal of a subcontractor's time-barred and veil-piercing claims

First Department strikes fraudulent conveyance claims added against a general contractor

Where this work leads.

Commercial Litigation & Arbitration

Construction Law & Mechanic's Liens

Business Divorce & Ownership Disputes

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