Appellate Practice Team Garners Two Wins in One Day

September 2, 2020

On September 2, 2020, the Appellate Division Second Department handed down orders in favor of Bartlett clients in not one but two cases on the same day.

In Fink v Dollar Mart, partner Dave Zegarelli successfully briefed and argued an appeal on behalf of a tenant in a premises-liability personal injury matter. Bartlett associate Brian Connor handled the traverse hearing in the trial court leading to the dismissal. On appeal Zegarelli successfully argued that plaintiff had not made a showing of “good cause” to extend the time to cure bad service of process, nor were they entitled to any relief under the more expansive “interest of justice” standard, thus granting dismissal of the complaint for improper service of process.

In Ewa v Idowu, Chair of our Appellate Practice group, Robert G. Vizza, successfully a briefed an appeal on behalf of a healthcare provider. Partner Brian Lee successfully moved in the lower court for a dismissal on the basis of plaintiff’s failure to comply with court-ordered discovery. On appeal, Vizza successfully argued that dismissal was well within the trial court’s provident exercise of discretion, garnering the affirmance on appeal.

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