New York Appellate Exposure Audit
Know the risk
before the file
controls the decision.
A focused appellate and litigation-risk assessment for claims professionals, insurance carriers, TPAs, risk managers, and defense counsel evaluating deadlines, preservation, dispositive rulings, trial exposure, settlement leverage, and appeal strategy.
The Claims Decision
The audit answers more than whether an appeal might succeed.
It connects appellate law to the decisions the carrier must make now: what to preserve, what to challenge, what to settle, and what to authorize.
What must happen immediately?
Notice of entry, appeal deadlines, stays, post-trial motions, preservation issues, and record-development needs are identified before an avoidable procedural problem changes the file.
What is the realistic appellate exposure?
The audit evaluates the ruling, the standard of review, the record, controlling authority, likely counterarguments, and the practical strength of the available remedy.
What should the carrier do next?
The legal analysis is converted into a practical recommendation concerning appeal, settlement, reserves, authority, additional development, or continued litigation.
What the Audit Examines
A disciplined review of the ruling, the record, and the risk.
The scope is tailored to the litigation stage and the decision the carrier must make.
Deadlines and procedure
Notice of entry, time to appeal, appealability, finality, preservation, post-trial motions, stays, and procedural obstacles.
The appellate record
Pleadings, motion papers, exhibits, transcripts, evidentiary rulings, objections, offers of proof, and omissions that may affect review.
Standards of review
De novo review, abuse of discretion, weight of the evidence, legal sufficiency, harmless error, and deference to the trial court or factfinder.
Arguments and counterarguments
The strongest appellate theories are tested against the most likely responses, procedural objections, and adverse authority.
Remedy and practical value
Reversal, modification, a new trial, dismissal, remittitur, reinstatement, or another remedy is considered in relation to cost and exposure.
Claims strategy
Reserve implications, settlement posture, authority, trial risk, litigation leverage, and the recommended next step for the file.
Three Service Levels
Choose the audit that matches the urgency and complexity of the file.
Each level answers the same core claims question: what should the carrier do next, and why? The difference is depth, document review, timing, and the level of strategic analysis.
Rapid Exposure Snapshot
A fast appellate triage review for an urgent decision point. Best when notice of entry has been served, a deadline is approaching, or the adjuster needs a quick second look.
- Short written audit, usually one to three pages.
- Immediate deadline, appealability, and preservation review.
- Preliminary assessment of the ruling and potential arguments.
- Concise recommendation concerning the next file decision.
Strategic Exposure Review
A deeper file review for meaningful exposure, settlement pressure, disputed liability, serious damages, or a ruling that changes the value of the case.
- Written audit, usually six to ten pages.
- Review of the order, motion record, and controlling authorities.
- Analysis of preservation, standard of review, and counterarguments.
- Reserve, settlement, and litigation-strategy implications.
Comprehensive Appellate & Trial Exposure Audit
A full strategic audit for high-exposure verdicts, complex dispositive rulings, Labor Law claims, coverage disputes, preservation problems, or cases likely to proceed through appeal.
- Comprehensive review of the relevant record and procedural history.
- Detailed analysis of appellate issues, adverse authority, and remedies.
- Assessment of trial rulings, verdict exposure, and record sufficiency.
- Strategic roadmap for appeal, settlement, reserves, and continued litigation.
The Process
Focused, confidential, and built around the file decision.
The audit is designed to supplement the work of existing defense counsel, not disrupt the handling relationship.
Identify the decision.
We define the immediate claims question, the applicable deadline, the materials available, and the level of review appropriate for the file.
Review the record.
The relevant ruling, papers, transcripts, preservation history, appellate authorities, and practical exposure are examined.
Deliver the recommendation.
The carrier receives a clear written analysis explaining the risk, the available options, and the recommended next action.
Appellate Perspective
The audit is informed by experience inside and before New York’s appellate courts.
Matthew Lerner is a New York civil litigation and appellate attorney whose practice focuses on appellate strategy, complex motion practice, insurance defense, Labor Law, premises liability, insurance coverage, and high-exposure civil litigation.
His experience includes service as a confidential law clerk at the New York Court of Appeals and appellate advocacy before the Court of Appeals, each Department of the Appellate Division, and the United States Court of Appeals for the Second Circuit.
Request an Audit
Start with the decision the file requires.
Submit the basic file information below. The initial request does not create an attorney-client relationship and should not include confidential or privileged material until conflicts and engagement terms have been addressed.
Direct Contact
mlerner@gerberciano.com