Appellate success requires stellar written advocacy and an understanding of how litigating at the appellate level differs from practice before the trial courts. These are hallmarks of Schlam Stone’s appellate practice. Our appellate litigators have deep experience before the New York state and federal appeals courts, including the New York Court of Appeals, the New York Appellate Divisions, and the United States Court of Appeals for the Second Circuit. Schlam Stone attorneys have also litigated appeals in most other federal Circuit Courts and in appellate courts in California, Florida, Illinois, Kentucky, and Pennsylvania, and have represented parties and amici before the Supreme Court of the United States.
In cases in which we have served as trial counsel, we typically remain as counsel on appeal, allowing us to draw on our in-depth knowledge of the record developed in the lower court. In other cases, we have been brought in as new counsel on appeal, enabling us to offer a fresh perspective on the evidence and legal arguments. In all cases, we understand the critical importance of delving deeply into the record in the lower court to both develop winning arguments and refute arguments advanced by the opposing party.
Representative appellate matters handled by Schlam Stone attorneys include:
COMMERCIAL, FINANCIAL, AND BUSINESS APPEALS
U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. (Court of Appeals of New York)
Represented a distributor of radio receivers in seeking to vacate an arbitration award where the chairman of the arbitration panel allegedly failed to disclose conflicts of interest.
Lawrence Moskowitz CLU Ltd. v. ALP, Inc. (United States Court of Appeals, Second Circuit)
Won affirmance of an order dismissing a breach of contract action for lack of jurisdiction, and alternatively abstaining from exercising jurisdiction due to ongoing proceedings in New York State Supreme Court.
In re The Hain Celestial Group, Inc. Securities Litigation
(United States Court of Appeals, Second Circuit)
Won reversal of order dismissing action asserting federal securities fraud claims in connection with alleged “channel stuffing” practices.
Saleem v. Corporate Transportation Group, Ltd.
(United States Court of Appeals, Second Circuit)
Represented the Black Car Assistance Corporation as amicus curiae in a case upholding the classification of “black car” drivers as independent contractors rather than employees.
Rai v. WB Imico Lexington Fee, LLC
(United States Court of Appeals, Second Circuit)
Won case preventing rescission of contract with a major real estate developer in a dispute arising from a contract to purchase a multi-million-dollar condominium in a new Upper East Side building.
IKB International S.A. in Liquidation and IKB Deutsche Industriebank AG v. Morgan Stanley, et al.
(Appellate Division, First Department)
Won affirmance of an order, on summary judgment, dismissing Morgan Stanley’s affirmative defenses of champerty, collateral estoppel, and statute of limitations in lawsuit asserting fraud in the marketing and sale of residential mortgage-backed securities.
IKB International S.A. in Liquidation v. Wells Fargo Bank, N.A., et al.
(Appellate Division, First Department)
Won reversal of an order dismissing document defect repurchase enforcement claims, and affirmance of refusal to dismiss most other claims, in multiple lawsuits asserting breach of contract by trustees of residential mortgage-backed securities trusts.
Errant Gene Therapeutics, LLC v. Sloan-Kettering Institute for Cancer Research
(Appellate Division, First Department)
Won reversal of an order denying our client’s motion to strike the plaintiff’s jury demand on the ground that the plaintiff asserted both equitable and legal claims in a single action.
Rebecca Broadway L.P. v. Hotton
(Appellate Division, First Department)
Won affirmance of summary judgment in favor of our client, a Broadway producer, in an action against a publicity agent asserting claims of defamation and tortious interference with business relations.
Ficus Investments Inc. v. Private Capital Management LLC
(Appellate Division, First Department)
Obtained a decision, on an issue of first impression, establishing a corporate officer’s right to advancement of litigation expenses where the corporation’s bylaws so provide.
GOVERNMENTAL AND CRIMINAL APPEALS
Thompson v. Clark
(Supreme Court of the United States)
Represented NYPD officers in case presenting question of what a plaintiff must show to demonstrate “favorable termination” of a criminal prosecution for purposes of a Fourth Amendment claim under Section 1983 for malicious prosecution.
Matter of Maron v. Silver
(Court of Appeals of New York)
Represented the Governor of the State of New York, the New York Legislature, and other government officials and entities in actions seeking to compel pay raises for judges.
Payne v. City of New York (In re New York City Policing During Summer 2020 Demonstrations)
(United States Court of Appeals, Second Circuit)
Won reversal of an order denying the Police Benevolent Association’s motion to intervene in lawsuits alleging constitutional and civil rights violations at demonstrations during the summer of 2020.
Kensington International, Ltd. v. Itoua
(United States Court of Appeals, Second Circuit)
Prevailed in a RICO action in which the Circuit ruled that Société Nationale des Pétroles du Congo (SNPC), the principal state-run oil company of the Republic of the Congo, was immune from suit under the Foreign Sovereign Immunities Act.
United States v. Turner
(United States Court of Appeals, Second Circuit)
Represented a blogger convicted of making threats against federal judges in blog post commenting on a U.S. Supreme Court decision on direct appeal, petition for rehearing, certiorari, and later habeas corpus in light of subsequent Supreme Court decision in Elonis v. United States, 575 U.S. 723 (2015) (criminal threat statute requires subjective intent to threaten).
Matter of Hernandez v. Office of the Mayor
(Appellate Division, First Department)
Prevailed in a New York Freedom of Information Law case on behalf of an independent journalist seeking emails between the Mayor’s office and an appointee to the New York City Schools Chancellor’s post.
People v. Griffin
(Appellate Division, First Department)
Won reversal of conviction for a prominent gastroenterologist who had been convicted of alleged sexual abuse of a patient during a routine procedure. Dr. Griffin was ultimately acquitted of all charges.
INTRAFAMILY DISPUTE APPEALS
Hallingby v. Hallingby
(United States Court of Appeals, Second Circuit)
Won reversal of an order dismissing claims brought by a widow seeking to enforce provisions of the husband’s divorce agreement with his former wife.
Zeiler v. Deitsch
(United States Court of Appeals, Second Circuit)
Won affirmance of arbitration awards in an intrafamily business dispute that was submitted to arbitration before a “Beth Din,” a Jewish religious tribunal comprising three rabbis.
Max v. ALP, Inc.
(Appellate Division, First Department)
Won dismissal of claims against client in this intrafamily and business dispute between the children of the artist Peter Max.
