In New York State, the Supreme Court is the trial court for most civil actions such as personal injury claims. Appeals from the Supreme Court are heard by the Appellate Division of the Supreme Court. There are four appellate departments in New York State, organized geographically. The Appellate Divisions have the power to determine issues of fact and law. The highest court of the state is the Court of Appeals. Appeals to the court of appeals are based upon issues of law, which means that the Court of Appeals determines whether the justice(s) in the lower court(s) correctly interpreted the law.

In addition to having successfully tried numerous civil and criminal cases over the years, the attorneys of Egger and Leegant have successfully argued a number of appeals before the Appellate Division for the 4th Department of the State of New York. The following are a sampling of our successful appeals:

Reggie Cansdale v. Polly Conn

63 A.D.3d 1622

June 5, 2009

We represented the defendant, Polly Conn, who was sued by an individual who was injured on her residential property while assisting in the demolition of a storage barn which had partially collapsed due to a heavy accumulation of snow on the roof. New York State Labor Law contains a "homeowner’s exemption" which protects owners of residential property from lawsuits brought by workers injured as a result of construction accidents which occur on the a homeowner’s property. The plaintiff argued that our client was not eligible for the homeowner’s exemption since she and her husband operated a business out of their home and some of the equipment used in the business was stored on the property. In addition, several cars and boats belonging to family, friends and acquaintances were stored on the property along with the family’s possessions for which some of the owners paid a storage fee. We made a motion to the court to dismiss the claim based upon the applicability of the homeowner’s exemption. The plaintiff argued that our client was not entitled to the exemption, claiming that the existence of the business and stored items made the property commercial. The court refused to grant the motion, but the appellate division ruled in our favor and the claim was dismissed.

Jennifer Wowkowych v. OneBeacon Insurance Group

52 A.D.3d 1281

June 6, 2008

We represented the plaintiff, Jennifer Wowkowych, who was injured by an intoxicated guest at a party. His insurance company, OneBeacon, claimed that it had not received proper notice of her injuries and her claim. It refused to defend him or to make funds available to compensate Ms. Wowkowych for her injuries. After we obtained a default judgment against the person who injured our client, we brought an action directly against his insurance company as is permitted pursuant to applicable law. The company moved to dismiss our claim. The court refused to grant the motion. The company appealed the decision and the Appellate Division for the 4th Department agreed, making insurance funds available for the claim, which was eventually settled, resulting in compensation for our client.

Charles L. Davis v. Cheryl McCullough Respondent

37 A.D.3d 1121

February 2, 2007

We represented the defendant, Cheryl McCullough, who was sued by her former husband’s uncle on behalf of his daughter. He sought compensation for a minor injury ( a scratch on his daughter’s leg), which she sustained when she was playing with a "Big Wheel" toy at a family party at the McCullough home. This matter was tried before a jury in Erie County. The jury decided that our client was not legally responsible for the child’s injuries and the plaintiff appealed. The Appellate Division for the 4th Department upheld the verdict in our client’s favor.

Blaine Leipold v. Cheryl A. Bagley

16 A.D.3d 1182

March 18, 2005

We represented the defendant, Cheryl Bagley, whose Jack Russell terrier, "Lucky", bit a child while his mother was completing a business transaction with Ms. Bagley. The law in New York is that an owner of a domestic animal such as a dog, is not responsible for injuries caused by the animal a unless he or she knew or should have known that the dog had "vicious propensities" and kept the dog despite having such knowledge. We made a motion to the court, requesting that the lawsuit be dismissed based upon Ms. Bagley’s lack of notice of Lucky’s "vicious propensity" prior to the incident. The court dismissed the lawsuit. The plaintiff appealed and the Appellate Division for the 4th Department upheld the decision.

Loreto Pietrantoni v. Toni Pietrantoni

4 A.D.3d 742 6/3/04

February 11, 2004

We represented Toni Pietrantoni, who was sued by his father, Loreto,Pietrantoni, who sought compensation for injuries which he sustained while he was a passenger in his own car, driven by his son. When the car began to skid on an icy road, Toni Pietrantoni, who was driving carefully and well below the speed limit, attempted to regain control of the car. Despite his efforts, the car left the road and hit a tree, causing injuries to Loreto Pietrantoni. The matter was tried before a jury, which decided that our client was not at fault for the accident. The judge set aside the verdict. We appealed from the decision and the Appellate Division for the 4th Department ruled that the judge was incorrect in setting aside the verdict in our client’s favor and restored it. 


Linda M. Tracy v. Julijana Rapesovska

4 A.D.3d 856

February 11, 2004

We represented the defendant, Julijana Rapesovska, who was driving a car when the plaintiff, who was a pedestrian, stepped off the curb into the path of the car and was hit by the car. This matter was tried before a jury, which decided that the plaintiff had failed to prove that she sustained a "serious injury" as required by New York State law in order to be entitled to compensation for personal injuries from the driver of an automobile. The judge set aside the verdict, holding that no reasonable jury could have determined that the plaintiff had not sustained a "serious injury" from the evidence presented at trial. We appealed from the court’s decision. The Appellate Division for the 4th Department determined that the trial court was incorrect and restored the verdict in favor of our client.

Heim v. Chemwise, Inc., and Abraham E. Terpening

302 A.D.2d 1019

February 7, 2003

We represented the defendant, Abraham Terpening, who was involved in a motor vehicle accident with the plaintiff. Although the jury returned a verdict in favor of the plaintiff, the amount of compensation awarded to the plaintiff was considerably less than the plaintiff felt that he was entitled to receive and he appealed. The Appellate Division for the 4th Department upheld the jury’s verdict.

　

Anna Zadins v. S.K. Pommerville

300 A.D.2d 1111

December 30, 2002

We represented the defendant, S.K. Pommerville, in this lawsuit arising from an automobile accident which occurred at an intersection. The plaintiff was approaching the intersection from a road which had both a stop sign and a flashing red light. She stopped, then proceeded into the intersection, directly into the path of our client, who was approaching from her left. There was no traffic control device which required our client to stop and she was driving below the speed limit. Although she attempted to avoid the accident, she was unable to do so. We made a motion asking the court to dismiss the lawsuit based upon the lack of negligence on the part of our client. The court refused to do so. We brought an appeal and the Appellate Division for the 4th Department determined that the lawsuit should have been dismissed.