Our Battle-Ready Attorneys
Won’t Back Down

NYC Personal Injury Appeals Lawyer

When a personal injury case reaches the appeals stage, every detail matters. An appeal is not a second trial or bite at the apple. It is a legal review of how the lower court applied the law and the facts. This means appellate judges focus only on the existing record presented to the lower court; no new evidence or testimony is permitted. Their job is to determine whether or not the lower court erred in its application of the law and correct legal mistakes if they occurred.

Attorney Michael Prisco is experienced in preparing appellate briefs and arguing appeals before the New York Appellate Division and the United States Second Circuit Court of Appeals, handling matters that stem from motions to dismiss, summary-judgment decisions, and post-trial rulings. He has been a regular in New York’s Appellate Division for well over a decade and has put together a track record of success in preserving trial court victories and overturning unfavorable rulings on behalf of personal injury victims and law firms throughout New York City and across the state.

The Structure Of New York’s Appellate Courts

The New York State Court system operates on a three-tiered structure. The trial courts are called the New York Supreme Court, which is a court of general jurisdiction, meaning it handles all case types, including personal injury and negligence claims. These Supreme Courts are organized across twelve judicial districts, which are grouped into four judicial departments: the First, Second, Third, and Fourth Departments.

Each of these departments has an intermediate appellate court: the Appellate Division First, Second, Third, and Fourth Departments, respectively.

The Appellate Division First Department reviews appeals originating from the Supreme Courts in Bronx and New York Counties.
The Appellate Division Second Department handles appeals from Queens, Kings, Staten Island, Suffolk, Nassau, Rockland, Westchester, Putnam, Dutchess, and Orange counties.
The Appellate Division Third and Fourth Departments hear appeals arising from the third, fourth, fifth, sixth, seventh, and eighth judicial districts.

A decision issued by a New York Appellate Division Department establishes binding precedent that must be followed by all lower courts within that specific department. For instance, a decision from the Appellate Division First Department is binding on lower courts in the Bronx and Manhattan, requiring them to adhere to the rules articulated in the decision.

However, a decision from one Appellate Division Department does not serve as binding precedent for the other sister Appellate Divisions or for lower courts located outside of the issuing department. Consequently, the Supreme Court in Kings County (Second Department) is not obligated to follow a First Department decision unless the Appellate Division Second Department has issued its own consistent decision.

When a trial court encounters a legal issue that its own appellate department has not yet ruled upon, a decision from another Appellate Department is treated as persuasive authority. This means the court will give the decision significant consideration, though it is not legally bound to follow it.

Appellate Process In NYC And New York State

Appeals in New York State generally fall into two categories: interlocutory and final judgment.

Interlocutory Appeals

An interlocutory appeal is initiated before a case has reached its conclusion. Under New York Civil Practice Law and Rules (CPLR) 5701, a party may appeal an interlocutory order if it “involves some part of the merits” of the case or “affects a substantial right.”

Final Judgment Appeals

CPLR 5501 governs appeals from a final judgment or order. In these instances, the Appellate Division is authorized to review all issues that were properly preserved during the proceedings in the lower court.

The Appeals Process

The first required step after receiving an unfavorable determination is to file a notice of appeal. This must be done within 30 days of the service of the order or judgment with notice of entry. After filing the notice, the appellant must “perfect” the appeal. This involves filing both a record on appeal and a brief, typically within a six-month period. Once the appeal is perfected, the Appellate Division will then set a date for oral argument.

Preserving A Hard-Won Victory On Appeal

When you have already won, an appeal can threaten that success. The opposing party may be arguing their motion to dismiss or for summary judgment should have been granted or that there was an error at trial requiring the favorable verdict to be overturned. We step in to defend your interests. Our attorneys draft powerful appellate briefs and prepare for oral arguments, showing the appellate court that the original decision was legally sound and fully supported by the evidence.

Common personal injury cases we help preserve on appeal include:

Our appellate briefs focus on protecting what you fought for: every dollar, every finding and every right established in the trial court.

Reversing A Loss Through An Appeal

When the outcome goes against you, an appeal can reopen the path to justice. We analyze the record for legal errors that affected the dismissal order or negative jury verdict or damages. If the judge misapplied the law, admitted improper evidence or gave faulty jury instructions, we build a case for reversal. Our approach blends trial insight with appellate precision, giving you another chance to achieve a favorable outcome.

Infantino v. Wells

241 A.D.3d 518 (2d Dept. 2025)
Premises Liability – Trivial Defect Defense
Secured reversal of summary judgment in a trip-and-fall case involving a brick walkway, with the Second Department holding that defendant failed to establish the alleged defect was trivial as a matter of law. The Court emphasized that defect dimensions and surrounding circumstances raised triable issues for a jury.

Moises-Ortiz v. FDB Acquisition LLC

242 A.D.3d 550 (1st Dept. 2025)
Construction Accident – Foreseeable Collapse / Labor Law § 240(1)
Obtained reversal of a dismissal and secured summary judgment for plaintiff on his Labor Law § 240(1) claim after a worker was struck by falling concrete from an inadequately secured adjacent building during excavation. The First Department held the collapse was foreseeable and that defendants failed to provide proper safety devices to protect against an elevation-related risk.

Maiorana v. Green

236 A.D.3d 1396 (4th Dept. 2025)
Motor Vehicle Accident – Jurisdiction / Correction Law § 24
Successfully reversed dismissal of a negligence action against a state parole officer, with the Fourth Department holding that the claim was properly brought in Supreme Court rather than the Court of Claims. The Court ruled the defendant owed a duty as a fellow motorist, not solely as a governmental actor.

Talk To A Team Experienced With NYC and New York State Appeals

Appeals move fast under strict New York deadlines. Missing a ‘Notice of Appeal’ deadline can permanently end your right to review. If you are considering one, you must act quickly. Speak with a New York personal injury appeals lawyer from MJP Injury Law, today. Call 718-709-9678 or contact us online to discuss your case. We are ready to take it as far as it needs to go.