Appellate Law

Intelligent and Innovative

The Appellate Practice group of Herzfeld & Rubin, founded by Senior Member Herbert Rubin, who successfully argued World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980), now consists of Miriam Skolnik, Chair, David B. Hamm, Linda M. Brown and Neil Finkston.  Together, the group has nearly 100 years of appellate experience and has worked on many hundreds of  appeals in every appellate court in the State of New York, as well as in federal and other states’ courts. H&R’s appellate team has frequently been requested to write Amicus Curiae briefs for the United States Supreme Court, the New York Court of Appeals and other appellate courts. Through their appellate briefs, members of the appellate team have spearheaded presentation of cutting-edge legal analysis resulting in appellate rulings not only favorable to our client in the case at bar, but which created precedent favorable to the client on a broader basis. Their innovative approach to appellate practice resulted in such Court of Appeals decisions as Sung Hwan Co. Ltd. v. Rite Aid Corp., 7 N.Y.3d 78 (2006), in which the Court reversed an Appellate Division and found a jurisdictional basis to permit enforcement of a Korean Court’s Judgment in New York, and Frank v. Meadowlakes Dev. Corp., 6 N.Y.3d 687 (2006), in which the Court overturned two intermediate appellate court determinations in interpreting Article 16 of New York’s Civil Practice Law and Rules in a manner most favorable to our client. A list of other appellate victories by Herzfeld & Rubin’s appellate team can be accessed here.

The legal acumen of H&R’s appellate attorneys is put to broader use than preparation and review of appellate briefs alone. Their advice and legal analysis is much sought-after by colleagues and clients. They have often advised clients not to pursue an appeal, or to resolve an action on appeal, where analysis suggested that to be in the client’s best interest. All the members of the Appellate Practice group directly interact with Herzfeld & Rubin’s litigation attorneys on matters involving legal analysis and research, such as motions for summary judgment or trial memoranda of law, to assure the best possible result in the trial court or, if a favorable result cannot be obtained there, to preserve critical issues for appellate review. By acting as a coordinated team, the attorneys of the Appellate Practice group ensure that the clients they serve will secure the best possible result for the most reasonable fees possible.

   List of H&R’s Appellate Victories