Our New York City appellate lawyers handle appeals to the various Departments in the Appellate Divisions of the Supreme Court in New York. Simply put, an appeal arises when a client has either lost or won at the lower, trial court level, and needs representation to reverse or affirm a trial court’s decision. In 2019, we were also admitted, entered and handled and appeal in the federal Second Circuit Court of Appeals in Manhattan, New York.

Civil Appeals can fall under numerous legal contexts. Appeals can arise under claims for breach of contract, fraud, matrimonial, commercial, or real estate to only name a few. A civil appeal arising out of an Order in the New York State Courts can be brought before a final Order or decision is actually issued. When an appeal is brought at that time, it is known as an interlocutory appeal. The case may not yet be over, but decision on this type of appeal may be crucial to the resolution of the case for one or the other side of the litigation.

Appeals can come as a result of either a motion to dismiss, or a motion for summary judgment. Those types of motions dispose of a case as early as the pleadings stage, or after discovery but before the case gets to trial. An investment in an appeal may essentially be necessary if a litigant’s case is, in his/her view, prematurely disposed of before his/her day in Court. Alternatively, at the time an appeal is considered, serious thought should be given to giving up on the case due to the high cost of an appeal. Our New York City appellate attorneys can advise you on your options.

Cost: The cost of an appeal includes either a mere opposition to an adversary’s appeal and argument, or a full-blown appeal with the original appellate papers, and then reply papers after the adversary’s opposition. Attorney’s fees for either side of an appeal can range from $7,500 to $15,000 depending on the size of the matter. Fees can be more for very substantial matters, or multiple appeals within one filing. In addition to the attorneys’ fees, there is also an appellate printing cost for a professional to make the Record and print the required amount of papers. Such costs can be in the range of $2,500.

There are strict rules of filing appeals which must followed or suffer the risk of additional cost. In the Second Department of New York, here are the 2018 version of these rules.

A “Record” is created which typically is solely comprised of the papers that were offered to the lower court. No new facts are allowed to be introduced on an appeal and the Appellate Court will only look at those facts previously offered as the Court will make a decision on those facts, or adjudicate the lower court’s decision on those facts. The rules involve creating the Record, writing the briefs, and submitting all documentation in support of the appeal. The complexity of the appellate procedures can trip up anyone who does not have an experienced appellate lawyer in New York City and present obstacles to a successful appeal.

A July, 2014 manual for filing appeals can be found at: The New York's Appellate Terms A Manual for Practitioners.

Chances of winning: On average, the Appellate Courts find the lower courts do not err on their adjudication of the facts at first instance. However, Appellate Courts will reverse a lower court decision if they find, among other things, an abuse of discretion by the lower court, an unreasonable appraisal of facts, or a misinterpretation of the law.

The Linden Law Group, P.C. Appellate Attorneys file appeals from New York Supreme Court decisions. We serve the New York City five boroughs and the collar counties, including Manhattan, Brooklyn, Queens, Kings, Bronx, Staten Island, New York counties, Long Island’s Nassau & Suffolk Counties, Westchester, Orange, Rockland and certain up-state New York counties.

Client Reviews
I highly recommend this law firm. Attorneys Unger and Benjamin battled a real estate scammer who defrauded me out of substantial money. They were able to get a good result for me after the defendants put up numerous obstacles and delays over 18 months. And they were honest with me regarding their upfront and contingency fees. Definitely hire this firm if you are a victim of fraud or breach of contract. Rebekah W.
Over the years I have had dealings with many of attorneys and I can honestly say that Mr. Benjamin is the best lawyer I have ever worked with. He's conscientious, and takes care of your case as if his own interests were at stake. He's professional, always answered my calls and takes the time to discuss the best course to take. Everything was done timely and efficiently. I couldn't be happier with the result. I wish they were all like him. The best decision I made was to use him for all my legal needs. Nancy O.
Attorney Benjamin is an excellent attorney. He battled a finance company for me for nine years, defeating multiple motions that were thrown at him over the years. He is an honest, compassionate and trustworthy attorney, and was an aggressive advocate for me for a long time. After so many years, he finally got a great result in August, 2015 after defeating still another motion by the lender. I highly recommend Attorney Benjamin. Daniel O.
We hired this Firm on July 20, 2018 to sue a company for fraud. While the case took longer than we wanted, the lawyers battled for 1 year with this nationwide real estate company to expose the scam they inflicted on us. In order to get to settlement, our lawyer Jeffrey Benjamin cut the Firm's fee in order that we could put more money in our pocket and settle. The lawyers here are honest and bent over backwards to make us happy and settle, and not drag out the case for years. We are so happy we went with this Firm. Thank you. K.J.