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Fighting for clients involves being prepared to take appeals when there are adverse decisions which affect the client. Over the years Fitzgerald & Fitzgerald has perfected many appeals and won hard-fought victories at the appellate level.

In Henry v. City of New York, Fitzgerald & Fitzgerald appellate counsel convinced the Court of Appeals to unanimously reverse a decision of the Appellate Division, 2nd Department. Because of this case, the statute of limitations for infants is tolled until they reach majority or age 18.

Lugo v. LJN Toys, Ltd., another Court of Appeals case, is the seminal case on toy safety in the State of New York. Fitzgerald & Fitzgerald appellate counsel successfully argued this case before New York's highest appellate court.  The court held that the manufacturer could be held liable for the injury to a child when the specimen shield of "Voltron - protector of the universe" was thrown by another child.

In Gomez v. New York City Housing Authority, Fitzgerald & Fitzgerald New York appellate attorneys were able to successfully convince the Court of Appeals to reverse the decision of the Appellate Division, 1st Department. As a result, plaintiffs in a premises security case can prove that the assailant was an intruder by circumstantial evidence.

To contact Fitzgerald & Fitzgerald, please call toll-free at 1-800-323-9900 or submit the firm's online contact form.

For more detailed discussions and cites to the text decisions of the cases noted above, and other appeals handled by Fitzgerald & Fitzgerald, please refer to Appellate Practice under Verdicts and Settlements.


This Web site contains Attorney Advertising. Prior results do not guarantee a similar outcome.
The jury verdicts reported on this site have, in many cases, been reduced by the Appellate Court or by post trial motions. This is common with jury verdicts. Prior results cannot guarantee or predict a similar outcome on any future matter.


Fitzgerald & Fitzgerald, P.C. is a firm of trial lawyers based in New York with a national practice. In New York our trial attorneys appear daily in Manhattan, Bronx, Brooklyn (Kings County), Queens and Staten Island (Richmond County). We also appear regularly in the counties of Westchester (Yonkers), Suffolk, Nassau and Orange. We have of counsel attorneys covering Rockland County, Dutchess County, Albany, Buffalo and all other New York counties. In New Jersey we have of counsel attorneys covering the counties of Passaic, Bergen, Hudson, Essex, (Newark), Union, Middlesex, Somerset, Mercer, (Trenton) Camden and Monmouth. We also have a network of of counsel attorneys with whom we work throughout the United States.



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The medical malpractice, personal injury, premises liability, slip and fall, police negligence, police brutality, class actions, appeals lawyer, appellate practice, product liability, brain injury, traumatic brain injury, spinal cord injury, catastrophic injury, automobile accident, wrongful death, building owner negligence, negligence, premises liability, product liability or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a personal injury attorney or wrongful death lawyer at our New York law firm.

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