New York Civil Law Resources
Appellate strategy for real litigation risk.
Practical New York appellate resources for claims professionals, insurance carriers, TPAs, risk managers, and defense counsel evaluating preservation, post-trial motion practice, judgment exposure, settlement leverage, stays, and appeal risk.
Recent Appellate Decisions & Analysis
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APPELLATE DECISION
Tobon v Turner: Recalcitrant Worker Under § 240(1)
Read more: Tobon v Turner: Recalcitrant Worker Under § 240(1)The decision explains the critical difference between disobeying a safety rule and refusing to use an adequate, available safety device within the context of a Labor Law § 240(1) claim.
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APPELLATE DECISION
The 2026 Trend: Coverage Positions Must Be Faster, Cleaner, and Better Documented
Read more: The 2026 Trend: Coverage Positions Must Be Faster, Cleaner, and Better DocumentedNew York insurance coverage caselaw trends in 2026 show that courts are closely policing disclaimer timing, duty-to-defend obligations, additional insured tenders, late notice, policy exclusions, and risk-transfer disputes.
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APPELLATE DECISION
Late Notice Defeats Additional Insured Coverage
Read more: Late Notice Defeats Additional Insured CoverageThis case shows how delayed notice of a claim or lawsuit can prejudice an insurer and defeat additional insured coverage.
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APPELLATE DECISION
NY Snow Removal Liability Under Espinal | Butler v Vestal
Read more: NY Snow Removal Liability Under Espinal | Butler v VestalWhen can a snow removal contractor be held liable to a noncontracting plaintiff under the Espinal v Melville Snow Contractors, Inc. exceptions?
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APPELLATE DECISION
New York Appeal Dismissed – Don’t Let This Happen to You
Read more: New York Appeal Dismissed – Don’t Let This Happen to YouThe New York Appellate Division dismissed the appeal because the appellant filed a notice of appeal from a non-appealable decision rather than a signed and entered order or judgment, as required under CPLR 2219. This case underscores the importance of appealing from the correct paper…
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APPELLATE DECISION
Late Expert Disclosure Dooms Medical Malpractice Claim: Lessons from the Third Department.
Read more: Late Expert Disclosure Dooms Medical Malpractice Claim: Lessons from the Third Department.A New York appellate court upheld the dismissal of a medical malpractice and wrongful death case after the plaintiff failed to timely disclose a second expert witness. The ruling reinforces the importance of meeting expert disclosure deadlines for claims professionals managing high-stakes litigation.
New York Civil Law
Appellate Strategy Resources
Appellate Exposure Audit
A realistic review of appealability, preservation, record strength, standards of review, exposure, and available remedies.
Evaluate Appeal Exposure 02Standards of Review
Match each appellate issue to the level of scrutiny that will govern the court’s analysis.
Review the StandardsMore Appellate Resources
Continue the research with focused guides addressing preservation, appealability, post-trial practice, stays, bonds, settlement leverage, and the practical decisions that shape appellate exposure.
Trial Record Resource
Appellate Preservation Guide
A practical framework for objections, offers of proof, motions, jury-charge issues, verdict-sheet disputes, post-trial applications, and the other steps needed to create an appellate-ready record.
Jurisdiction & Procedure
Appealability and Finality Guide
Identify whether an order is appealable, whether permission is required, and whether the form of the ruling affects appellate review.
Post-Verdict Strategy
Post-Trial Motion Checklist
Organize CPLR 4404 relief, preservation points, verdict challenges, damages arguments, and the requested appellate remedy.
Exposure Management
Stays, Bonds, and Settlement Strategy
Evaluate enforcement risk, undertaking requirements, reserve impact, and settlement leverage while an appeal is pending.
Appellate Counsel · Trial Advocate · Strategic Partner
Matthew S. Lerner
Former confidential law clerk to the New York Court of Appeals. Experienced before the Court of Appeals, all four Appellate Divisions, and the United States Court of Appeals for the Second Circuit. Matthew works with claims professionals, insurers, risk managers, and defense counsel to evaluate appellate exposure, preserve the record, and develop practical litigation strategy.