Litigation Strategy

As the name of the Firm’s Practice Group indicates, the Supreme Court and Appellate Practice Group handles appeals.  But handling appeals includes more than simply drafting winning briefs or successfully arguing in court.  Effective appellate work includes involvement in the underlying litigation, where litigation and appellate strategy can be comprehensively integrated to preserve our client’s appellate rights.

For this reason, the Firm’s Supreme Court and Appellate Practice Group is available to assist with all appellate-related aspects of litigation, including developing legal theories and strategies at the outset of litigation, preparing and responding to dispositive motions at the trial court level, handling post-verdict motions, briefing and arguing appeals, pursuing further relief on remand, and advising on all forms of discretionary relief. As an integral part of the Firm’s litigation and trial teams, the Supreme Court and Appellate Practice Group is ready to handle any appeal that arises with minimal transition, both in terms of time and expense.

This formula has worked well.  In 2009, for example, the Supreme Court and Appellate Practice Group worked with the attorneys litigating Roberts v. Tishman Speyer, L.P. to obtain a major victory on behalf of New York City tenants.  The New York State Court of Appeals (New York’s highest appellate court) ruled in favor of tenants of the Stuyvesant Town and Peter Cooper Village apartment complexes in Manhattan, holding that their apartments had been illegally destabilized.  The decision reinstates a 2007 class action complaint for rent overcharges that had been filed by tenants of these rental apartment complexes.

If you would like additional information about the integration of the Supreme Court and Appellate Practice Group in the Firm’s litigations, please contact Stanley D. Bernstein at bernstein@bernlieb.com.