Michael Licatesi Wins Again in the Appellate Division
After the trial court dismissed the case, Michael Licatesi successfully appealed to the Appellate Division, overturned the dismissal, and secured monetary recovery for a client injured on a defective commercial property step.
Why this appellate win mattered
This case had already been dismissed when Licatesi Law Group continued fighting. The appeal revived the claim by showing that expert evidence of a defective step created a triable issue, giving the client another path to recovery instead of ending the case at dismissal.
- Trial-court dismissal challenged in the Appellate Division
- Expert step-slope evidence preserved the premises-liability claim
- Appellate reversal created leverage for monetary recovery
Past results do not guarantee future outcomes. Every case depends on its own facts, evidence, injuries, insurance coverage, and applicable law.
Case Overview
The Facts
- Location: Commercial property
- Accident: Fall from defective step
- Defect: Step slope did not meet regulatory standards
- Expert Evidence: Construction defect, failure to maintain
The Legal Journey
- Trial Court: Case dismissed
- Appeal: Appellate Division reversed dismissal
- Result: Monetary recovery secured
- Attorney: Michael Licatesi, Esq.
Background
Our client was injured after falling from a defective step at a commercial property. The fall resulted in serious injuries requiring medical treatment and causing significant pain and suffering. What made this case particularly challenging was that the defect wasn't immediately obvious to the casual observer—it required expert analysis to understand why the step was dangerous.
We retained an expert witness who measured and analyzed the step's construction. The expert's detailed report demonstrated that the step's slope did not meet regulatory building code standards. This non-compliant slope created a dangerous condition because it was unexpected—visitors anticipated a code-compliant step and were caught off-guard by the improper slope, increasing the risk of falls.
Moreover, our expert established that this was a construction defect—the step was improperly built from the start. The property owner failed to maintain and secure the premises in a safe condition, and failed to correct a known construction defect that posed a hazard to visitors.
The Setback: Trial Court Dismissal
Despite the strong expert evidence, the trial court dismissed our client's case. The court's decision represented a significant setback, and many law firms would have given up at this point, accepting the adverse ruling as final.
But at Licatesi Law Group, we don't give up when we believe the law is on our client's side. Michael Licatesi recognized that the trial court had made errors in its legal analysis and that the dismissal was improper under New York premises liability law. We made the strategic decision to appeal to the Appellate Division.
Our Appellate Strategy
1Comprehensive Record Review
Michael Licatesi meticulously reviewed the entire trial record, including all expert reports, testimony, and the trial court's decision. He identified the specific legal errors the trial court made in dismissing the case and the controlling precedents that supported our client's claim.
2Legal Research and Precedent Analysis
We conducted extensive legal research to identify Appellate Division and Court of Appeals decisions establishing that construction defects that violate building codes constitute actionable dangerous conditions. We demonstrated that property owners have a duty to maintain premises in a reasonably safe condition, including correcting construction defects.
3Powerful Appellate Briefs
Michael Licatesi drafted compelling appellate briefs that clearly articulated why the trial court erred in dismissing the case. The briefs methodically presented the expert evidence showing the step's non-compliant slope, explained why this defect created a dangerous condition, and cited controlling legal authority requiring reversal of the dismissal.
4Oral Argument
At oral argument before the Appellate Division, Michael Licatesi persuasively presented our client's position, fielded questions from the appellate judges, and distinguished the defense's arguments. His command of the facts, law, and record convinced the Appellate Division to reverse the trial court's decision.
5Post-Appeal Negotiations
After the Appellate Division reversed the dismissal and reinstated the case, the defense's position was dramatically weakened. The appellate victory demonstrated the strength of our client's case and Michael Licatesi's skill as a trial and appellate attorney. This leverage resulted in successful settlement negotiations and monetary recovery for our client.
The Outcome: Victory at the Appellate Division
The Appellate Division reversed the trial court's dismissal, finding that the expert evidence established a triable issue of fact regarding the defective step. Following the appellate victory, we secured monetary recovery for our client.
What This Appellate Victory Demonstrated:
- Licatesi Law Group doesn't give up after an adverse trial court ruling
- Expert evidence of code violations and construction defects can establish liability
- Property owners are responsible for maintaining safe premises and correcting known defects
- Appellate expertise can turn a dismissed case into a successful recovery
Why Appellate Experience Matters
Most Cases Are Not Appealed
The majority of personal injury attorneys lack appellate experience. When they lose a motion or trial, they accept the result as final—even if the court made legal errors that could be reversed on appeal.
Appellate Law is a Specialized Skill
Winning on appeal requires different skills than trial work: legal research, appellate brief writing, understanding appellate standards of review, and persuasive oral advocacy before appellate judges.
Second Chance at Justice
An appeal provides a second opportunity to win when the trial court makes errors. In this case, the dismissal would have been final without appellate intervention—our client would have received nothing.
Leverage in Settlement
Winning on appeal dramatically strengthens your negotiating position. After we won at the Appellate Division, the defense knew we had the legal skill and determination to win—leading to favorable settlement.
Key Takeaways
- 1
Don't Give Up After a Loss: Just because you lose a motion or trial doesn't mean your case is over. An experienced appellate attorney can identify errors and win on appeal, turning a loss into a victory.
- 2
Code Violations Create Liability: When property owners fail to comply with building codes and construction standards, they create dangerous conditions for which they can be held liable.
- 3
Expert Evidence is Critical: In premises liability cases involving construction defects, expert testimony demonstrating code violations and improper construction is essential to proving negligence.
- 4
Choose an Attorney with Appellate Experience: Not all personal injury attorneys have the skills to handle appeals. If your case involves complex legal issues or adverse rulings, you need an attorney like Michael Licatesi who has proven appellate expertise.
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