Practice Areas | Abrams Fensterman, LLP

Defamation Defense

Abrams Fensterman — Thu, 28 May 2026 21:18:28 +0000

New York Defamation Defense Lawyers

Abrams Fensterman defends businesses, executives, nonprofits, journalists, authors, publishers, healthcare providers, public figures, and individuals facing defamation, libel, slander, and defamation by implication claims throughout New York.

Led by Justin T. Kelton, Partner and Co-Chair of the firm’s Litigation Department, our defamation defense team combines substantive defamation law knowledge with aggressive procedural strategy designed to defeat claims as early as possible.

Contact Our Defamation Defense Team

What Is Defamation Defense?

Defamation defense in New York is the legal practice of representing defendants accused of libel or slander, working to defeat or dismiss the claim through motions to dismiss, anti-SLAPP relief under Civil Rights Law § 76-a, summary judgment, jury trial defense, or appellate review.

Defamation claims arise when a plaintiff alleges that a false statement of fact, published to a third party, caused reputational or economic harm. In New York, defendants frequently face these claims after publishing reports, reviews, social media statements, internal communications, or public statements on contested issues.

Our team moves to dismiss at the pleadings stage, deploys New York’s anti-SLAPP statute when speech involves a matter of public interest, pursues summary judgment where the factual record allows, and tries defamation cases to verdict when trial becomes necessary.

What Defenses Are Available in a New York Defamation Case?

New York defamation defendants have several substantive defenses, including truth, statements of opinion, statutory privilege, fair comment, the wire service defense, and constitutional protections under the actual malice standard for public figures.

Substantive Defenses

Truth, opinion, rhetorical hyperbole, statutory privilege, common law privilege, fair report privilege, litigation privilege, common interest privilege, fair comment, and constitutional protections can each provide grounds for dismissal.

Procedural Defenses

Motions to dismiss under CPLR 3211, anti-SLAPP motions under Civil Rights Law § 76-a, statute of limitations defenses, and summary judgment under CPLR 3212 can determine how quickly a case can be defeated.

What Is an Anti-SLAPP Motion in New York?

An anti-SLAPP motion in New York, brought under Civil Rights Law §§ 70-a and 76-a, asks the court to dismiss a defamation lawsuit that targets protected speech on a matter of public interest. The plaintiff must then demonstrate that the claim has a substantial basis in law.

New York’s anti-SLAPP statute was substantially expanded in 2020 to cover claims based upon communications in a public forum or concerning issues of public interest. Public interest is construed broadly, and only purely private matters fall outside the statute.

Anti-SLAPP motions can also support emergency appellate relief. When a lower court denies anti-SLAPP dismissal, defendants can seek a stay of discovery pending appellate review, protecting First Amendment rights and avoiding the discovery costs and intrusions the statute was designed to prevent.

How Our Defamation Defense Team Protects Clients at Every Stage

Pre-Suit Demand Response

Many defamation claims begin with a cease and desist letter or retraction demand. Early counsel can frame the response, preserve defenses, and position the case for swift dismissal if litigation follows.

Motions to Dismiss

Defamation complaints in New York must plead with specificity. Generic, conclusory, opinion-based, or non-actionable statements may be defeated through a properly framed CPLR 3211 motion.

Anti-SLAPP Motions

Where the challenged speech involves a matter of public interest, anti-SLAPP relief offers a powerful dismissal tool and the possibility of attorney’s fees.

Summary Judgment

For cases that survive the pleadings, summary judgment may provide the next opportunity to dispose of the case before trial.

Jury Trial Defense

When a defamation case reaches trial, the firm fields trial-ready advocates who understand the high stakes of reputation-based litigation.

Appellate Practice

When a lower court denies dispositive relief, we move quickly to the Appellate Division to seek appellate review and emergency stays where appropriate.

Recent Defamation Defense Wins

Abrams Fensterman has secured significant victories defending clients in high-stakes defamation, First Amendment, and Anti-SLAPP litigation, including trial victories and appellate rulings protecting free speech rights throughout New York.

$2 Million Defamation Claim Withdrawn During Jury Trial

Our firm recently served as lead defense counsel in a two-week jury trial involving a defamation claim seeking more than $2 million in damages. Before the case was submitted to the jury, the claimant withdrew all claims with prejudice and without any payment by our client. Because defamation cases rarely reach a jury in modern New York practice, achieving a complete withdrawal during trial represented a significant victory. The details of the matter and resolution remain confidential.

Protecting the Right to Speak Out Against Antisemitism

Abrams Fensterman represents a nonprofit organization sued for defamation after publicly identifying what it characterized as antisemitic conduct at Columbia University following the October 7, 2023 attacks in Israel. When the trial court denied dismissal and ordered discovery to proceed, the firm immediately sought emergency appellate relief. The Appellate Division granted a temporary restraining order staying all discovery — a rare and significant victory protecting core First Amendment rights and sparing the client from intrusive and costly litigation burdens while the appeal remains under review.

Who We Defend in New York Defamation Cases

Defamation defendants represented by the firm include businesses, executives, nonprofit organizations, journalists, authors, publishers, media organizations, public figures, healthcare providers, and individuals who face libel, slander, or defamation by implication claims.

Businesses and executives facing claims arising from competitive communications, internal investigations, employment matters, or public statements.
Nonprofit organizations and advocacy groups sued over public-interest statements involving First Amendment protections.
Journalists, authors, publishers, and media organizations facing claims involving reporting, books, broadcasts, and online content.
Healthcare providers and medical practices facing claims arising from peer review, employment disputes, or online reviews.
Public figures and matters involving the constitutional actual malice standard.
Individuals sued personally for statements made on social media, in online reviews, letters, or civic disputes.

Defamation Defense Attorney Justin T. Kelton

Justin T. Kelton leads the firm’s defamation defense practice. As a Partner and Co-Chair of the Litigation Department, he represents defendants in libel, slander, and First Amendment matters in state and federal court and the Appellate Division.

Justin is a trial lawyer who represents clients in high-stakes business disputes, investigations, and governmental enforcement actions before federal and state courts. He regularly represents media organizations, journalists, authors, and public figures in First Amendment matters and has substantial experience representing both plaintiffs and defendants in defamation and libel lawsuits.

His defamation scholarship has appeared in the New York Law Journal, including analyses of Defamation by Implication and the dismissal of Drake’s Defamation suit involving Kendrick Lamar’s “Not Like Us.”

In 2025, Justin was appointed by the Presiding Justice of the Appellate Division, Second Judicial Department, to serve on the Court’s Committee on Character and Fitness. His work has been profiled in national and international media, including Forbes, the Associated Press, Reuters, The Washington Post, NBC News, and ABC News.

Frequently Asked Questions

What is the statute of limitations for defamation in New York?

New York imposes a one-year statute of limitations on defamation claims, running from the date of publication. The single publication rule generally treats each mass-published statement as having a single date of publication for limitations purposes.

What is the difference between libel and slander?

Libel is written or published defamation, including online statements, articles, social media posts, and broadcasts. Slander is spoken defamation.

What is an anti-SLAPP motion, and when does it apply?

An anti-SLAPP motion under New York Civil Rights Law § 76-a asks the court to dismiss a defamation claim that targets speech on a matter of public interest. The plaintiff then bears the burden of showing the claim has a substantial basis in law.

Can a literally true statement be defamatory in New York?

Yes. New York recognizes defamation by implication, where a statement that is technically true conveys a false and defamatory suggestion.

What should I do if I receive a defamation cease and desist or retraction demand?

Contact defamation defense counsel before responding. Early counsel can evaluate the legal sufficiency of the demand, identify available defenses, preserve evidence, and position the matter for swift dismissal if litigation follows.

Does Abrams Fensterman defend defamation cases at trial?

Yes. The firm has trial lawyers who have defended defamation claims to verdict and recently obtained a complete withdrawal of a $2 million defamation claim during a two-week jury trial, with no payment, before the case was submitted to the jury.

Contact Our Defamation Defense Team

To discuss a defamation case, an active demand letter, or a recently filed complaint, contact Abrams Fensterman’s defamation defense team.

Brooklyn Metrotech: 718-215-5300
Long Island: 516-328-2300
White Plains: 914-607-7010
Rochester: 585-218-9999
Albany: 518-535-9477

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Physician WCB Authorization & IME Issues

Steve Sachs — Wed, 06 May 2026 08:21:51 +0000

Published May 16, 2025
Author: Jordan Fensterman, Esq. Executive Partner and Director of
of the OPMC & OPD Defense Practice at Abrams Fensterman, LLP.
516-368-9430

What Happens When a Physician’s NYS Workers’ Compensation Board Authorization is at Risk?

Physicians treating injured workers or performing Independent Medical Examinations in New York must maintain active Workers’ Compensation Board authorization to participate in the program and bill for services.

When authorization is denied, delayed, or at risk of revocation, the consequences can include loss of treatment eligibility, reimbursement disruption, and potential exposure to licensure review. Abrams Fensterman represents New York physicians navigating WCB authorization, reauthorization, and IME participation challenges.

Contact Jordan Fensterman

Consequences of WCB Authorization Problems for Physicians

Physicians experiencing WCB authorization issues may face a range of consequences that extend well beyond the immediate administrative matter:

✓ Loss of ability to treat workers’ compensation patients
✓ Suspension or termination of IME eligibility
✓ Denial or clawback of reimbursement for services already rendered
✓ Increased regulatory scrutiny from the Board
✓ Potential exposure to licensure review or disciplinary proceedings
✓ Reputational and financial harm

Early intervention matters. The longer an authorization issue goes unaddressed, the greater the risk that it expands from an administrative problem into a broader professional or regulatory one.

WCB Authorization, Reauthorization, and Provider Status Defense

WCB Authorization and Reauthorization

WCB authorization governs whether a physician is eligible to treat injured workers and receive compensation under the New York system, and reauthorization is the periodic renewal process that confirms continued eligibility and compliance. When reauthorization is delayed, denied, or conditioned on corrective steps, physicians need to act quickly. A lapse in authorized status affects their ability to bill, treat, and participate, and the process can be navigated more effectively with experienced counsel.

Participating Provider Status and Revocation Defense

Participating provider status is the foundational designation that allows a physician to be recognized and compensated within the Workers’ Compensation system, and revocation or threatened revocation of that status can effectively exclude a physician from the program entirely. Responding promptly to any Board notice of threatened revocation or nonrenewal is essential. The attorneys at Abrams Fensterman work with physicians to evaluate the grounds asserted, prepare a defense, and engage with the Board to seek reinstatement or preserve existing status.

IME Authorization and Approval Challenges

Physicians who perform Independent Medical Examinations must obtain and maintain separate Board approval specific to IME work, with requirements that go beyond general WCB participation status. When IME authorization is denied, delayed, or jeopardized by a compliance inquiry, the financial and professional impact is immediate. Legal counsel experienced in WCB regulatory matters can help identify the source of the problem and develop a resolution strategy before the issue affects your ability to practice and your money!

WCB Provider Agreements and Compliance Obligations

WCB provider agreements set out the documentation, billing, reporting, and conduct standards physicians must meet to remain in good standing with the Board. Compliance failures, whether related to recordkeeping, billing practices, or response to Board inquiries, are among the most common triggers for authorization review. Hiring effective counsel is the most effective way to avoid a disruption.

Responding to WCB Inquiries and Administrative Proceedings

A WCB inquiry or notice of administrative action is a formal event that requires a formal, strategic response. Not a routine administrative reply. Physicians who proceed without legal counsel often inadvertently narrow their options or create a record that complicates their defense.

Early involvement of experienced healthcare regulatory counsel is one of the most important decisions a physician facing WCB scrutiny can make.

When WCB Issues Intersect With Licensure and Disciplinary Risk

WCB authorization problems do not always stay contained to the Workers’ Compensation system. Depending on the nature of the underlying issue, a Board action can trigger referrals to the Office of Professional Medical Conduct (OPMC) or other regulatory bodies. Physicians with active WCB authorization concerns should evaluate the broader regulatory exposure with counsel before taking any steps that might be interpreted by multiple agencies simultaneously.

How Abrams Fensterman Helps Physicians With WCB Authorization Issues

If you are experiencing issues with Workers’ Compensation Board authorization, reauthorization, or the ability to perform IME’s, it is important to act promptly.

Jordan Fensterman and other attorneys work closely with physicians facing WCB authorization and participation issues, bringing practical, solutions-oriented approaches to resolving matters that can disrupt the financial well-being of doctors’ lives. Drawing on their extensive experience representing healthcare professionals in regulatory and licensing matters, they help physicians navigate WCB challenges and participation issues with clarity, responsiveness, and a focus on protecting the ability to continue practicing without interruption.

Call: (516) 368-9430

Meet Jordan Fensterman

Frequently Asked Questions

What is the NYS Workers’ Compensation Board authorization for physicians?

WCB authorization is the Board approval that allows a physician to treat injured workers and receive reimbursement under the New York State Workers’ Compensation system. Without active authorization, a physician cannot bill for workers’ compensation services or perform IMEs under the program.

What happens if my WCB reauthorization is denied?

A reauthorization denial means your authorization lapses, which ends your ability to treat workers’ compensation patients and bill for related services. The denial may also escalate into a participating provider revocation proceeding. Physicians should seek legal counsel immediately upon receiving a denial notice.

Can the WCB revoke a physician’s participating provider status?

Yes. The Workers’ Compensation Board has authority to revoke, suspend, or condition a physician’s participating provider status based on compliance failures, billing irregularities, documentation deficiencies, or other grounds. A threatened revocation should be treated as a formal legal proceeding requiring a prepared defense.

What are the requirements to perform IMEs under the NYS WCB?

Physicians must obtain specific Board approval to conduct Independent Medical Examinations, separate from general WCB participation status. Requirements include credentialing, training compliance, and ongoing adherence to Board standards. Issues with any of these elements can affect IME eligibility.

Can WCB authorization problems affect my medical license?

Yes, in certain circumstances. Depending on the nature of the underlying conduct, a WCB administrative action can trigger a referral to the Office of Professional Medical Conduct or other licensing authorities. This is one reason early legal intervention in WCB matters is strongly advisable.

What should I do if I receive a WCB inquiry or audit notice?

Do not respond without first consulting an attorney experienced in healthcare regulatory matters. How you respond to a WCB inquiry can shape the direction of the entire proceeding. An Abrams Fensterman attorney can review the notice, evaluate your exposure, and help you respond in a way that protects your interests.

How long does WCB reauthorization take in New York?

Standard reauthorization timelines vary and can be affected by documentation completeness, Board workload, and whether any compliance questions have been raised. When reauthorization is delayed beyond normal processing windows, Abrams Fensterman’s legal counsel can help identify the cause and engage with the Board to move the process forward.

Do I need a lawyer for a WCB authorization or reauthorization issue?

Any matter involving a denial, threatened revocation, Board inquiry, or compliance proceeding warrants a legal consultation. The consequences of a misstep, including loss of authorization, billing disruption, and potential licensure exposure, make early legal review strongly advisable.

Related WCB Resources for Physicians

WCB Success Stories

Representative outcomes for physicians facing WCB authorization, reauthorization, and participation challenges.

WCB Reauthorization Denial and Appeal for Physicians

What triggers a denial, what the appeal timeline looks like, how to respond to conditional reauthorization, and what documentation the Board typically requires.

IME Authorization and Approval Challenges

IME-specific approval requirements, common disqualifying factors, and defense strategy when IME eligibility is threatened or revoked.

Participating Provider Status Revocation Defense

What a revocation notice triggers, the administrative hearing process, and what reinstatement looks like.

WCB Provider Agreement Compliance for Physicians

Documentation standards, billing compliance, reporting obligations, and how to conduct a self-audit before a Board inquiry arrives.

Responding to WCB Inquiries and Administrative Proceedings

What the inquiry process looks like, what types of Board actions exist, how to respond without creating a worse record, and when to involve counsel.

Request a Consultation

Protect Your Ability to Participate in the WCB System

If you are experiencing issues with Workers’ Compensation Board authorization, reauthorization, participating provider status, or ability to perform IMEs, it is important to act promptly.

Jordan Fensterman helps physicians address WCB challenges with practical guidance, regulatory insight, and a focus on protecting their ability to continue treating patients, performing authorized work, and maintaining professional standing.

Call Now: (516) 368-9430

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Spousal Support

Abrams Fensterman — Mon, 04 May 2026 13:42:13 +0000

Spousal support — also called alimony or spousal maintenance — is a court-ordered payment from one spouse to the other following divorce, designed to address economic imbalance when one spouse earns significantly more or when one spouse sacrificed career opportunities for the household. The amount and duration depend on the length of the marriage, each spouse’s income and earning potential, and other factors courts evaluate on a case-by-case basis. At Abrams Fensterman, our attorneys help clients across New York seek fair spousal support awards, contest unreasonable alimony requests, and modify existing orders when circumstances change.

Whether you expect to receive spousal support or face a request for it, understanding how courts approach these decisions is critical to protecting your financial future.

What Is Spousal Support?

Spousal support is a financial payment one spouse makes to the other during or after a divorce. Courts award it when there is a meaningful income difference between spouses, or when one spouse needs time and resources to become financially self-sufficient. It is separate from child support and is paid directly between the divorcing parties, not through the state.

The terms spousal support, alimony, and spousal maintenance are interchangeable — the terminology varies by state, but the legal concept is the same.

Types of Spousal Support

Courts and divorce agreements may award several types of spousal support depending on the length of the marriage, the financial circumstances of both spouses, and the degree of economic imbalance.

Temporary spousal support (pendente lite) is awarded during the divorce proceedings before a final order is issued. It ensures the lower-earning spouse can meet expenses while the case is pending.

Rehabilitative spousal support is the most common type in modern divorce. It supports a spouse while they gain education, job training, or work experience needed to re-enter the workforce. It is typically tied to a specific plan or time period.

Permanent spousal support is awarded less frequently today. It may apply in long-term marriages where one spouse cannot realistically achieve self-sufficiency due to age, health, or an extended period out of the workforce.

Lump-sum spousal support replaces ongoing monthly payments with a single payment or fixed series of payments. It provides finality and eliminates future modification disputes.

Reimbursement spousal support compensates a spouse who financially supported the other through education or career advancement during the marriage.

How Is Spousal Support Calculated?

There is no single universal formula for calculating spousal support. Courts evaluate a range of financial and personal factors to determine a fair award. Some jurisdictions provide advisory guidelines or formulas as a starting point, but judges retain discretion to adjust the amount and duration based on the full picture of the marriage.

Key variables consistently include the length of the marriage, the income and earning capacity of both spouses, the standard of living established during the marriage, and each party’s financial needs and obligations.

Factors Courts Consider When Awarding Spousal Support

When determining whether to award spousal support — and how much — courts examine a wide range of factors. The most commonly evaluated include:

Length of the marriage. Longer marriages are more likely to result in longer or higher support awards. Short marriages typically yield shorter or no support.
Income and earning capacity. The gap between each spouse’s current and potential income is central to every spousal support determination.
Standard of living during the marriage. Courts aim to allow both spouses to maintain a lifestyle reasonably close to what they shared.
Age and health of each spouse. Physical limitations, chronic illness, or age-related barriers to employment are weighed heavily.
Contributions to the marriage. This includes financial contributions and non-financial ones — raising children, managing the household, or supporting a spouse’s career advancement.
Education and employability. A spouse who left the workforce to raise children may need time and resources to re-enter it competitively.
Custody arrangements. Responsibility for young children can limit a spouse’s ability to work full-time, affecting both need and earning capacity.
Marital fault. In states where fault is relevant, misconduct during the marriage may affect the amount or duration of support.
Tax implications. Under current federal law, spousal support paid under divorce agreements finalized after December 31, 2018 is not deductible by the payer or taxable to the recipient.
Other financial obligations. Existing debts, asset division outcomes, and other financial responsibilities of each spouse factor into the final calculation.

How Long Does Spousal Support Last?

The duration of spousal support depends on the type of award, the length of the marriage, and the financial circumstances of both parties.

Temporary support ends when the divorce is finalized. Rehabilitative support continues until the receiving spouse completes a defined plan for self-sufficiency — typically tied to a specific date or milestone such as completing a degree or securing employment. Permanent support may last indefinitely but remains subject to modification if circumstances change materially.

A common guideline in shorter marriages is support lasting approximately half the length of the marriage, though courts retain broad discretion to depart from this based on the facts of the case.

Can Spousal Support Be Modified or Terminated?

Spousal support orders can often be modified if there is a substantial change in circumstances. Courts do not adjust support automatically — the spouse seeking modification must petition the court and demonstrate a material change.

Common qualifying changes include a significant increase or decrease in either spouse’s income, remarriage of the receiving spouse (which typically terminates support automatically in most states), cohabitation of the receiving spouse with a new partner, retirement of the paying spouse, or serious illness or disability affecting either party.

Because the modification standard varies by state and by how the original agreement was structured, consulting an attorney before filing a modification petition is strongly advised.

Negotiating Spousal Support Outside of Court

Many spousal support agreements are reached through negotiation, mediation, or collaborative divorce rather than courtroom litigation. Negotiated agreements often offer more flexibility in structure, amount, and duration than a judge’s order — and they can be reached faster and at lower cost.

Understanding what courts in your jurisdiction typically award gives your attorney leverage at the negotiating table. A well-prepared legal team can use that knowledge to reach a fair resolution or, when litigation becomes necessary, build the strongest possible case.

How Abrams Fensterman Helps with Spousal Support and Maintenance

Whether you are seeking spousal support after a long marriage, contesting an alimony request you believe is unreasonable, or pursuing a modification of an existing order, Abrams Law provides experienced legal counsel at every stage of the process.

The attorneys at Abrams Fensterman understand that spousal support disputes carry lasting financial consequences. We help clients across New York pursue fair outcomes through negotiation, mediation, and litigation — with a commitment to clear communication and outcomes grounded in the facts of your specific situation.

Frequently Asked Questions

What is the difference between spousal support, alimony, and spousal maintenance? Spousal support, alimony, and spousal maintenance are different names for the same legal concept: a financial payment from one spouse to the other following separation or divorce. The term used depends on the state. All three refer to the same type of obligation.

How long does spousal support last? Duration depends on the type of award and the length of the marriage. Temporary support ends when the divorce is finalized. Rehabilitative support is tied to a specific plan or time period. Permanent support may continue indefinitely but can be modified. A common rule of thumb for shorter marriages is support lasting approximately half the length of the marriage.

Can spousal support be waived in a prenuptial agreement? Yes. A valid prenuptial or postnuptial agreement can limit or waive spousal support entirely. Courts generally enforce these agreements when they were entered into voluntarily, without coercion, and with both parties having had the opportunity to seek independent legal counsel.

Is spousal support taxable? Under current federal law, alimony paid under divorce agreements finalized after December 31, 2018 is not deductible by the paying spouse and not taxable income to the receiving spouse. Agreements finalized before that date may follow prior tax rules. Consult a tax professional regarding your specific situation.

What happens if my spouse stops paying spousal support? If the paying spouse fails to meet court-ordered support obligations, the receiving spouse can file an enforcement action with the court. Courts have authority to hold non-paying spouses in contempt, garnish wages, intercept tax refunds, and take other enforcement measures.

Can I modify spousal support if my financial situation changes? Yes, in most cases. You must petition the court and demonstrate a substantial change in circumstances — such as a significant income change, retirement, remarriage of the receiving spouse, or serious illness. Modification is not automatic and requires court approval.

Do I need an attorney to seek or contest spousal support? While self-representation is possible, spousal support determinations involve complex financial analysis, jurisdiction-specific rules, and significant long-term consequences. An experienced divorce attorney can advocate for a fair outcome, identify factors courts in your jurisdiction are likely to weigh, and help you avoid common and costly mistakes.

For further information about how our New York divorce attorneys can help you, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.

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How the Appellate Process Works in New York

Steve Sachs — Thu, 30 Apr 2026 10:46:28 +0000

Published April 30 2026
Author: Robert A. Spolzino, Esq. Executive Partner at Abrams Fensterman, LLP
Former Justice of the New York State Supreme Court

How the Appellate Process Works in New York

The appellate process is a structured legal pathway that allows parties to challenge trial court decisions based on legal error, not new evidence. Governed by strict procedural rules and deadlines, appeals focus on whether the law was correctly applied and whether the outcome was legally sound.

In New York, appeals move through defined stages that require precision, timing, and strategic legal analysis. From determining whether an issue is appealable to presenting arguments before appellate judges, each step plays a distinct role in shaping the outcome.

Understanding the Purpose of an Appeal

An appeal is a legal review conducted by a higher court to determine whether a lower court made errors in applying the law. It is not an opportunity to retry a case or introduce new facts. Instead, appellate courts evaluate:

Whether the trial court applied the correct legal standards
Whether procedural rules were followed
Whether the outcome was supported by the law

This distinction is essential. Appeals are about legal correctness, not factual reconsideration.

Step 1: Determining Whether an Appeal Is Permitted

Not every decision can be appealed automatically. In New York, appeals generally fall into two categories:

Appeals as of right: Certain final judgments can be appealed without permission
Appeals by permission: Some orders require leave from the court to proceed

This initial determination is critical because filing the wrong type of appeal or failing to seek permission when required can result in dismissal.

Step 2: Preserving Issues for Appeal

One of the most misunderstood aspects of appellate practice is issue preservation.

To raise an argument on appeal, it must typically have been raised during the trial or motion phase. If an issue was not properly preserved in the lower court, the appellate court may refuse to consider it.

This means that appellate success often begins long before the appeal is filed, during the original litigation.

Step 3: Filing the Notice of Appeal

Once a decision is issued, the clock starts immediately. In New York, deadlines are strictly enforced.

The notice of appeal:

Formally initiates the appellate process
Identifies the decision being challenged
Must be filed within a specific time frame, often 30 days

Failure to meet this deadline can permanently forfeit the right to appeal.

Step 4: Perfecting the Appeal

After filing the notice, the appeal must be “perfected,” meaning it is prepared for review by the appellate court.

This includes:

Assembling the official record of the case
Organizing transcripts and exhibits
Formatting documents according to court rules

New York appellate courts have detailed requirements for formatting, timing, and submission. Even technical errors can delay or harm an appeal.

Step 5: Drafting the Appellate Brief

The appellate brief is the most important component of the appeal.

It presents:

The legal questions at issue
The applicable laws and precedents
The argument for why the lower court’s decision should be upheld or overturned

Unlike trial advocacy, appellate writing is highly structured and analytical. It relies on legal authority, clarity, and persuasive reasoning rather than witness testimony.

Step 6: Responding Briefs and Reply Briefs

After the initial brief is filed:

The opposing party submits a responding brief
The appellant may file a reply brief addressing specific counterarguments

This written exchange forms the foundation of the appellate court’s review.

Step 7: Oral Argument When Granted

In some cases, the court schedules oral argument.

During oral argument:

Attorneys present key legal points
Judges ask direct, often challenging questions
The focus is on clarifying legal issues, not repeating the brief

Not all appeals receive oral argument, but when granted, it can influence how the court views the case.

Step 8: Appellate Court Review and Decision

After reviewing the record and briefs, the appellate court issues a decision.

Possible outcomes include:

Affirming the lower court decision
Reversing the decision
Modifying part of the ruling
Sending the case back for further proceedings

Decisions are based on legal analysis and precedent, not new evidence.

Step 9: Further Appeals to Higher Courts

In some cases, a party may seek further review by a higher court, such as the New York Court of Appeals.

However, additional appeals are not automatic and often require permission. The higher the court, the more selective the review process becomes.

Key Timelines and Procedural Realities

The appellate process in New York is governed by strict timelines and procedural rules:

Filing deadlines are rigid and rarely extended
Courts require precise compliance with formatting and filing rules
Delays or procedural missteps can result in dismissal

Understanding these constraints is essential for navigating the process effectively.

Strategic Considerations in the Appellate Process

Beyond procedure, successful appeals depend on strategic decision-making.

Important considerations include:

Whether the issue presents a clear legal error
Whether the error affected the outcome of the case
How existing case law supports or limits the argument
The broader legal or financial implications of continuing the appeal

Not every unfavorable decision should be appealed. A careful evaluation of risks and the likelihood of success is essential.

Common Misconceptions About Appeals

Appeals are not second trials.
No witnesses or new evidence are introduced.

Winning an appeal is not about fairness alone.
It requires demonstrating a specific legal error.

Timing is critical.
Missing deadlines can eliminate rights entirely.

Technical compliance matters.
Procedural mistakes can outweigh substantive arguments.

Frequently Asked Questions

What is the first step in the appellate process in New York?

The first step is determining whether the decision can be appealed and filing a notice of appeal within the required deadline.

What does it mean to perfect an appeal?

Perfecting an appeal means completing all required filings, including the record and briefs, so the appellate court can review the case.

Can you appeal every court decision in New York?

No. Some decisions are appealable as of right, while others require permission from the court.

What happens if an issue was not raised during the trial?

In most cases, the appellate court will not consider issues that were not properly preserved in the lower court.

Is oral argument required in every appeal?

No. Oral argument is granted in some cases, but many appeals are decided based on written submissions alone.

How long does the appellate process take in New York?

It varies depending on the court and complexity, but appeals often take several months to over a year.

Can a case be appealed more than once?

Yes, but additional appeals usually require permission and are limited to specific legal issues.

For details of the types of appeals we handle, please visit our appeals overview.

Contact Our Law Firm

For further information about our appellate practice, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999, or Albany at 518-535-9477 to schedule an initial consultation.

The post How the Appellate Process Works in New York appeared first on Abrams Fensterman, LLP.

Civil Appeals in New York

Steve Sachs — Thu, 30 Apr 2026 10:33:28 +0000

Published May 1, 2026
Author: Robert A. Spolzino, Esq. Executive Partner at Abrams Fensterman, LLP
Former Justice of the New York State Supreme Court

Strategic Appellate Representation for Business, Real Estate, and Complex Litigation Matters

Abrams Fensterman LLP represents businesses, professionals, and individuals in civil appeals throughout New York, challenging unfavorable trial court decisions and defending successful outcomes on appeal. Civil appeals focus on identifying legal errors made by lower courts, including misinterpretation of contracts, improper evidentiary rulings, and procedural violations that materially impacted the result.

With extensive appellate experience, the firm handles high-stakes appeals involving commercial disputes, real estate litigation, and complex financial matters. Abrams Fensterman delivers strategic appellate advocacy grounded in legal analysis, persuasive writing, and deep knowledge of New York appellate courts, helping clients protect assets, reverse adverse rulings, and preserve long-term legal and business interests.

What Is a Civil Appeal?

A civil appeal is a legal process in which a party asks a higher court to review a trial court’s decision for legal error. Unlike a trial, an appeal does not involve new evidence or witness testimony. Instead, appellate courts evaluate whether the law was applied correctly and whether procedural rules were followed.

Civil appeals are highly technical and depend on written briefs, legal precedent, and structured argument. The outcome can significantly impact financial liability, contractual rights, and business operations.

Types of Civil Appeals We Handle

Abrams Fensterman represents clients across a broad range of civil appellate matters, including:

Business and Commercial Disputes

Appeals involving breach of contract, partnership disputes, shareholder litigation, and complex commercial conflicts. These cases often involve significant financial exposure and require precise legal argumentation.

Real Estate and Construction Litigation

Appeals arising from ownership disputes, development conflicts, landlord-tenant matters, zoning issues, and construction-related claims. Appellate outcomes can directly affect property rights and project viability.

Contract Interpretation and Enforcement

Cases where trial courts misinterpret contractual language or improperly enforce agreements. Appeals focus on correcting legal interpretation and preserving the intent of the parties.

Financial and Fiduciary Disputes

Appeals involving fraud claims, fiduciary duty issues, and financial mismanagement. These matters often require detailed legal and factual analysis within the appellate record.

Common Grounds for Civil Appeals

Civil appeals are not based on dissatisfaction with the outcome alone. They must be grounded in an identifiable legal error. Common issues include:

Misapplication or misinterpretation of the law
Improper admission or exclusion of evidence
Errors in jury instructions
Procedural violations that affected fairness
Judicial abuse of discretion
Incorrect summary judgment rulings

Identifying viable appellate issues requires a detailed review of the trial record and applicable legal standards.

The Civil Appeals Process in New York

Civil appeals in New York follow a structured and deadline-driven process:

Notice of Appeal

The appeal begins by filing a Notice of Appeal within strict time limits. Missing this deadline can forfeit the right to appeal.

Record on Appeal

The appellate court reviews the official record from the trial court, including transcripts, filings, and exhibits.

Appellate Briefs

Written briefs are the foundation of an appeal, presenting legal arguments and supporting precedent.

Oral Argument

In some cases, attorneys present oral argument before appellate judges.

Decision

The appellate court may affirm, reverse, modify, or remand the case for further proceedings.

Why Appellate Strategy Matters

Deep understanding of appellate law and procedure
Ability to identify reversible legal error
Strong legal writing and analytical reasoning
Strategic framing of issues for appellate judges

Abrams Fensterman approaches each appeal with a focused strategy designed to maximize favorable outcomes while aligning with long-term business objectives.

Frequently Asked Questions

How long do I have to file a civil appeal in New York?

Deadlines are strictly enforced and typically begin upon service of notice of entry.

Can new evidence be introduced on appeal?

No. Appeals are limited to the existing trial court record.

What happens if the appeal is successful?

The court may reverse, modify, dismiss claims, or remand the case.

Are civil appeals difficult to win?

Appeals are challenging and require identifying clear legal error.

Do I need a different attorney for an appeal?

In many cases, yes. Appellate litigation requires a specialized skill set.

For details of the types of appeals we represent, please visit our Appellate Overview.

Contact Our Law Firm

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Sexual Abuse Attorneys

Abrams Fensterman — Sun, 26 Apr 2026 21:09:20 +0000

Published April 21, 2026
Author: John C. Luke Jr., partner
at Abrams Fensterman, LLP

NEW YORK CITY GENDER-MOTIVATED VIOLENCE ACT

NYC Reopens the Window for Sexual Abuse Lawsuits

A recent change in the Gender-Motivated Violence Act may allow certain survivors to bring civil claims they previously believed were too late to file.

If you experienced sexual abuse or gender-motivated violence in New York City, this amendment may create a renewed opportunity to pursue accountability through the civil legal system, even if the abuse occurred years ago and you believed your legal options had expired.

Find Out If You Still Have a Claim

What This New Law Could Mean for You

Q: I thought it was too late to sue. Has something changed?

Yes — a recent amendment to the Gender-Motivated Violence Act law may allow certain survivors to bring civil sexual abuse claims that were previously time-barred.

Q: Does this apply if the abuse happened years ago?

It may. In some cases, survivors whose abuse occurred years or even decades ago may now have a renewed opportunity to file a civil lawsuit.

Q: Who can be held accountable?

Depending on the facts, claims may be brought against individual abusers, employers, and institutions that enabled, ignored, or failed to prevent abuse.

Even if you believe the deadline has passed, you may still have legal options.

Even If You Thought It Was Too Late, You May Still Have Legal Options

The deadlines for filing civil claims involving sexual abuse in New York have changed significantly over the past several years. Laws such as the Child Victims Act, the Adult Survivors Act, and now a recent amendment to the New York City Gender-Motivated Violence Act reflect a growing recognition that survivors often do not come forward on a traditional legal timeline.

This amendment may provide a temporary pathway for certain survivors to file claims that otherwise would have been barred. For some individuals who believed the legal system had already closed the door, this may represent another opportunity to seek answers, accountability, and justice.

Contact John C. Luke Jr. today for a confidential review of your legal options.

New York Sexual Abuse Lawyer

Survivors across New York often carry the impact of sexual abuse for years before ever considering whether legal action is possible. Coming forward is never easy. For many people, the barriers are not only emotional, they are also practical, cultural, and institutional. Survivors may fear retaliation, disbelief, exposure, professional harm, or reopening painful experiences they have spent years trying to survive.

But civil law can offer more than compensation. It can also provide a mechanism for truth, accountability, and institutional scrutiny. Whether the abuse occurred in a workplace, school, church, foster care setting, healthcare facility, youth organization, municipal agency, or other institutional environment, New York civil law may provide a path toward holding both perpetrators and enabling institutions responsible.

At Abrams Fensterman, LLP, Partner John C. Luke Jr. helps survivors evaluate whether a civil claim may still be available and what legal options may exist under current law. The firm approaches these matters with discretion, seriousness, and a commitment to uncovering not only what happened, but who failed to prevent it.

Understanding the New Law

Hear directly from the Director of our Employment & Labor Law Practice, Rachel Demarest Gold, as she explains what this amendment may mean for survivors, why timing matters, and how certain individuals may now have a renewed opportunity to explore their rights.

You May Still Have the Right to File a Claim

If the abuse occurred in New York City, involved sexual violence or other gender-motivated harm, and took place before 2022, you may still be eligible to pursue a civil claim under the recent amendment to the Gender-Motivated Violence Act.

This does not necessarily mean every case will qualify. Eligibility often depends on where the abuse occurred, when it happened, the nature of the conduct, who was involved, and whether an institution, employer, or other entity may also bear legal responsibility. Even if you believed the deadline had passed, it may still be worth having your situation evaluated.

Speak with John Luke Today. You may still have legal options.

What Is Considered Sexual Abuse in New York?

Sexual abuse can include a wide range of non-consensual sexual acts or conduct involving force, coercion, exploitation, manipulation, intimidation, abuse of authority, or inability to legally consent. In many cases, survivors are unsure whether what happened to them “counts” legally. That uncertainty is common, especially in situations involving power imbalance, grooming, professional authority, institutional settings, or conduct that occurred over time rather than in one isolated event.

In civil litigation, the legal analysis often goes beyond the abuse itself. Courts and attorneys also examine the harm suffered, the long-term emotional and psychological impact, and whether an institution failed in its duty to supervise, protect, intervene, or respond appropriately.

Types of Cases We Handle

Sexual abuse can occur in many environments where trust, authority, access, or institutional control are involved. Abrams Fensterman and John C. Luke Jr. evaluate civil claims involving abuse in a wide range of settings.

Clergy & Religious Institutions

Claims involving clergy members, religious leaders, ministry staff, or institutions that failed to investigate, report, or prevent abuse.

Schools & Educational Settings

Claims involving teachers, administrators, staff, coaches, or educational institutions that failed to protect students.

Foster Care & Residential Programs

Claims involving foster homes, group homes, residential facilities, caregivers, staff, or agencies responsible for oversight and protection.

Healthcare & Medical Facilities

Claims involving physicians, nurses, providers, hospitals, clinics, nursing homes, or medical facilities where professional boundaries were violated.

Youth Sports & Coaching Programs

Claims involving coaches, trainers, volunteers, athletic organizations, or youth sports programs that failed to screen, supervise, or respond.

Camps & Youth Programs

Claims involving summer camps, overnight camps, youth programs, staff, counselors, or volunteers where supervision or reporting failures allowed abuse.

Workplaces & Employers

Claims involving supervisors, coworkers, executives, employers, retaliation, abuse of authority, or institutional failure to address misconduct.

Colleges & Universities

Claims involving professors, staff, administrators, campus programs, student organizations, or institutions that failed to act on reports of abuse.

Government & Public Entities

Claims involving municipalities, public agencies, public institutions, or government-related settings where failures in oversight contributed to harm.

Who Can Be Held Responsible for Sexual Abuse in New York?

Liability often extends beyond the individual perpetrator to the institutions whose negligence enabled abuse. In many cases, a civil claim may examine not only who caused the harm, but also who failed to prevent it, report it, investigate it, or protect those in their care.

Schools & Educational Institutions

Schools must supervise faculty and staff, enforce child protection policies, and respond promptly to complaints or warning signs.

Religious Organizations

Religious institutions may be accountable when they failed to investigate allegations, remove dangerous individuals, or protect vulnerable members.

Healthcare Facilities

Hospitals and medical facilities must monitor providers, maintain reporting systems, and enforce professional boundaries.

Employers & Workplaces

Employers must address misconduct, implement protective policies, respond to complaints, and prevent retaliation.

Foster Care & Residential Programs

Foster care agencies and residential programs must properly screen caregivers, supervise staff, and conduct ongoing oversight.

Youth Programs & Camps

Camps and youth organizations may be liable when failures in screening, supervision, reporting, or oversight allowed abuse to occur.

Abrams Fensterman, LLP and John C. Luke Jr. are committed to helping survivors hold powerful institutions accountable when negligence, indifference, or failures in oversight allowed sexual abuse to occur.

Why Survivors Trust John C. Luke Jr.

John C. Luke Jr. is a seasoned employment and civil litigation attorney with more than two decades of experience representing individuals in serious, high-stakes legal matters involving workplace misconduct, abuse of power, retaliation, institutional wrongdoing, and complex civil claims.

These cases often require more than general litigation experience. They may involve sensitive facts, delayed reporting, employer liability, institutional failures, internal investigations, reputational pressure, and evolving legal standards. John’s background in complex employment and civil litigation makes him particularly well-positioned to evaluate matters where misconduct occurred within a workplace, healthcare system, public entity, corporate structure, or other institutional setting.

He has successfully litigated against and resolved claims involving:

Pharmaceutical companies
Hospitals and healthcare systems
Municipalities
Fortune 500 corporations
Public and private entities

Representative results include:

$11M

Settlement in the Doria/Memon Discount Stores wage & hour litigation

$7M

Vargas v. Call-A-Head class action settlement

$4M

Settlement for more than 200 police officers in Newark

For survivors trying to understand whether they may still have legal rights under this new law, John provides confidential, thoughtful, and experienced legal guidance.

Speak With John Luke Confidentially

Confidential. No obligation. Speak privately with an attorney about your legal options.

Frequently Asked Questions

What does the new NYC law mean for survivors of sexual abuse?

A recent amendment to New York City law may allow certain survivors of sexual abuse or gender-motivated violence to bring civil claims that were previously time-barred. For some individuals, this creates a renewed opportunity to seek accountability even if the abuse occurred years ago.

Can I still sue if the abuse happened years ago?

Possibly. Some survivors may still be able to bring a civil lawsuit depending on where the abuse occurred, when it happened, and whether a revival law or other legal theory applies.

Can I sue an institution, employer, or organization?

In some cases, yes. Civil claims may be brought not only against an individual perpetrator, but also against an institution or entity whose negligence, failures, or inaction enabled the abuse.

Do I have to know for sure that I qualify before contacting a lawyer?

No. Many survivors are uncertain whether what happened qualifies legally, whether enough time has passed, or whether an institution can be held responsible. A confidential consultation can help answer those questions.

What compensation may be available in a civil sexual abuse lawsuit?

Depending on the facts, survivors may be able to pursue damages for emotional distress, counseling or treatment, lost opportunities, pain and suffering, and in some cases punitive damages.

You Do Not Have to Navigate This Alone

If you believe you may still have a claim under this new law, speaking with an attorney now can help you understand your rights and preserve your legal options before this window closes.

Time matters. Contact John C. Luke Jr. today for a confidential review of your situation and your potential legal options.

Call John Luke Today

Confidential. No obligation. Speak privately with an attorney about your legal options.

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Immigration Law

Steve Sachs — Tue, 14 Apr 2026 16:22:46 +0000

Published April 23, 2026
Raju Sundaran is a Partner at Abrams Fensterman, LLP
Former Senior Counsel at the New York City Law Department

Immigration Services in New York

Abrams Fensterman provides trusted immigration representation for individuals, families, and businesses throughout New York. Our established Immigration and Nationality Law Practice delivers strategic guidance on visas, green cards, citizenship, compliance, and more with over 25 years of combined attorney experience.

Immigration matters require careful navigation of federal rules and evolving policies. At Abrams Fensterman, we combine deep legal knowledge with personalized service to help clients achieve successful outcomes across New York.

Understanding US Immigration Options

US immigration includes multiple pathways to lawful status and citizenship. Our attorneys handle the full spectrum of cases with a focus on practical solutions tailored to New York residents and businesses. Key options we support include family sponsorship, employment based visas, investment programs, and humanitarian relief.

Family Based Immigration

US citizens and lawful permanent residents can sponsor spouses, children, parents, and siblings. This remains one of the most common routes for New York families. Abrams Fensterman guides clients through petition filing, consular processing, and adjustment of status. Explore our dedicated family immigration spoke page for detailed steps and timelines.

Employment and Business Immigration

Professionals, executives, companies, and both skilled and unskilled workers benefit from H-1B/H-2B, L-1, EB-1, EB-2, and EB-3 visas. Our team assists employers with labor certifications and compliance requirements. We serve New York businesses in healthcare, technology, finance, and other sectors.

Investment and Extraordinary Ability Immigration

High net worth individuals and those with extraordinary ability in sciences, arts, sports, or business have targeted pathways. Abrams Fensterman provides comprehensive support for EB 5 investments and EB 1 petitions. Our attorneys also work directly with US embassies and consulates worldwide. Visit our investment immigration spoke page for case examples and eligibility criteria.

Humanitarian Protection Programs

We represent individuals seeking asylum, withholding of removal, and Temporary Protected Status. Our compassionate approach protects those facing persecution or unsafe conditions in their home countries. This area draws on our attorneys’ strong background in refugee assistance and public interest work. Review our humanitarian immigration spoke page for additional resources.

Naturalization and Citizenship

After meeting residency requirements, clients can pursue full US citizenship. Abrams Fensterman prepares applicants for Form N-400 filing, interviews, and the naturalization process with proven success rates. Our support includes civics test preparation and document organization. See our naturalization spoke page for preparation checklists.

Deportation Defense and Removal Proceedings

Facing ICE action or immigration court requires immediate, skilled representation. We defend clients and pursue all available relief options, including cancellation of removal and asylum in proceedings. Quick response is essential. Access our deportation defense spoke page to know your rights information.

Immigration Compliance for Businesses

Employers must maintain proper I 9 verification, LCA compliance, and readiness for FDNS site visits. Abrams Fensterman delivers strategic guidance to healthcare systems, hospitals, and corporations across New York to avoid costly penalties. Our full service structure allows seamless coordination with employment and corporate teams. Discover our compliance spoke page for audit preparation tips.

Immigration Help Serving New York

Based in Lake Success, New York, Abrams Law Firm serves clients throughout New York State, including the New York metropolitan area, Long Island, the Hudson Valley, Western New York, and the Capital Region. We understand the unique estate planning needs of New York families and individuals and help them create effective solutions tailored to New York laws and requirements.

Why Choose Abrams Fensterman for Immigration

Our Immigration and Nationality Law Practice was established to meet the needs of both businesses and individuals. With over 25 years of combined experience our attorneys bring practical and theoretical expertise across all major immigration categories. As a full service firm we integrate immigration solutions with related legal needs such as corporate transactions, real estate, and compliance. We emphasize clear communication and results focused strategies. Bilingual capabilities including Russian language support further enhance accessibility for diverse New York clients.

Protect Yourself from Immigration Scams

Only licensed attorneys can provide legal advice. Avoid consultants who promise guaranteed results or quick fixes. Schedule a consultation with our qualified team at Abrams Fensterman for reliable guidance instead.

Recent Developments in US Immigration

Policies continue to evolve in 2026. Our team monitors changes affecting employment visas, humanitarian programs, and enforcement priorities. We provide timely updates to clients and maintain resources on our site. Check our immigration updates spoke page for the latest insights.

Frequently Asked Questions

What are the main types of immigration pathways available?

The primary categories include family based, employment based, investment, humanitarian protection such as asylum, and naturalization. Abrams Fensterman evaluates your specific situation to identify the strongest option. See our spoke pages for details on each category.

How long does the immigration process typically take in New York?

Processing times vary widely from several months for some visas to years for others depending on category and current backlogs. Our team provides case specific timelines during consultation. Check our processing times spoke page for the latest USCIS updates.

Do I need an immigration attorney for my case?

While some simple filings can be done without representation complex cases especially those involving interviews, denials, or deportation strongly benefit from experienced counsel. Only licensed attorneys can provide legal advice. Contact Abrams Fensterman to discuss your needs.

What documents are commonly required for most immigration applications?

Core documents often include passports, birth certificates, marriage records, financial evidence, and prior immigration paperwork. Requirements change based on the specific petition. Our attorneys review and organize your documents for completeness.

How can I check the status of my USCIS case?

You can check online through the USCIS case status tool using your receipt number. We also monitor cases for clients and provide proactive updates. Learn more on our case management spoke page.

What should I expect during a marriage based green card interview?

Officers ask detailed questions about your relationship history, daily life, finances, and shared plans to confirm the marriage is genuine. Thorough preparation increases success rates. Review our marriage green card spoke page for sample questions and tips.

Can I apply for naturalization and what is the new civics test like?

Lawful permanent residents generally qualify after five years (or three years if married to a US citizen). The 2025 2026 civics test includes updated questions on history and government. We offer targeted preparation support.

What are my rights if facing deportation or ICE enforcement?

You have the right to remain silent, request an attorney, and receive a hearing before an immigration judge. Do not sign documents without legal advice. Our deportation defense spoke page outlines immediate steps and protections.

How do I avoid immigration scams in Long Island?

Only hire licensed attorneys or DOJ accredited representatives. Beware of notarios promising guaranteed results or charging excessive fees. Abrams Fensterman provides transparent fixed fee and hourly options.

Does Abrams Fensterman serve businesses with immigration compliance?

Yes. We help healthcare systems, hospitals, and other employers with I 9 audits, LCA compliance, and FDNS readiness. Our full service firm coordinates immigration with corporate and employment law needs.

Contact Our Law Firm

Abrams Fensterman is committed to helping you achieve your immigration goals with confidence and clarity. Whether you need assistance with a family petition, business visa strategy, or deportation defense, our team stands ready to serve For a confidential consultation, please contact our law firm today on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477.

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Municipal Law Practice

Abrams Fensterman — Mon, 26 Jan 2026 17:16:57 +0000

Leaders in Municipal, Environmental & Land Use Law

Abrams Fensterman is one of New York’s leading municipal, environmental, and land use law firms. Founded in 2000, the firm has grown to 120 attorneys across five offices—Lake Success, Brooklyn, White Plains, Rochester, and Albany—offering unmatched experience in representing local governments throughout the Hudson Valley and across the state.

We counsel municipalities on the full spectrum of issues they face, including municipal and environmental law, public sector labor and employment, land use and zoning, government contracts, commercial litigation, civil rights and First Amendment matters, regulatory compliance, telecommunications issues, ethics, and investigations.

Our team includes former judges, long-serving Town and Village Attorneys, Planning and Zoning Board counsel, and seasoned litigators who have handled thousands of municipal matters at both the trial and appellate levels.

We advise municipal clients on burgeoning issues, such as short-term rental legislation, solar farms and small cell tower installation. We have negotiated the successful implementation of developer community benefit agreements.

As a multidisciplinary law firm, we provide our municipal clients with immediate access to experienced attorneys across numerous practice areas. When specialized issues arise—such as intellectual property claims, complex litigation, environmental matters, or appellate work—we draw on the firm’s depth to ensure comprehensive, timely support.

We welcome the opportunity to discuss how Abrams Fensterman can support your municipality’s legal needs.

Comprehensive Services For Local Governments

For the municipalities we serve as general or special counsel, our work spans every aspect of local government operations. Our services include:

Attending board and committee meetings
Advising governing boards, planning boards, zoning boards, and administrators
Drafting local laws, resolutions, notices, decisions, and legal opinions
Ensuring compliance with SEQRA, the Open Meetings Law, FOIL, and other state and federal requirements
Preparing and negotiating contracts (other than bond work)
Defending municipal actions in litigation, appeals, arbitration, and Article 78 proceedings

We also have extensive experience in municipal litigation in state and federal courts and in arbitration.

Labor Counsel

We negotiate and draft collective bargaining agreements, handle grievances and arbitrations, prosecute disciplinary matters, and represent municipalities before the EEOC, NYSDHR, and in state and federal courts.

Land Use Counsel

We draft zoning and environmental legislation, guide land use boards, review SEQRA submissions, prepare determinations, and defend municipal decisions in litigation.

Litigation

Our attorneys regularly handle Article 78 proceedings, civil rights matters under 42 U.S.C. § 1983, contract and real estate disputes, and environmental litigation at both the trial and appellate levels.

Representative Municipal Clients

Our attorneys have represented or currently represent the Comptroller of the City of New York, as well as the following municipalities and public entities:

CITIES

New Rochelle White Plains • Peekskill • Yonkers

TOWNS

Beekman Greenburgh • Eastchester • North Castle
North Salem Somers • Mamaroneck • Kent • LaGrange
Ramapo Orangetown • Union Vale • Amity • Grove
Allen Angelica • Belfast • Birdsall • Granger • Willing

VILLAGES

Mamaroneck New Paltz • Pelham • Pelham Manor
Larchmont Mount Kisco • Briarcliff Manor • Canaseraga
Washington • Belmont

OTHER ENTITIES

Fire Districts (Belfast, Belmont, Friendship, Hinsdale)
Yonkers City School District
Additional municipal clients across New York State

SPECIAL COUNSEL APPOINTMENTS

We serve as principal labor and employment counsel for the Yonkers City School District and the Nassau University Medical Center, and as special counsel for the Village of Mamaroneck, the Town of North Salem, and the Pound Ridge Library District. We were recently retained as Town Attorneys for the Town of Beekman in Dutchess County.

Representative Matters

Our attorneys have litigated municipal matters for more than 30 years. It would be impossible to put together a comprehensive list, but recent representative matters include: Our municipal litigation successes include:

Defending the City of Yonkers in a proposed class action involving fire inspection fees
Securing favorable results for New Rochelle, Mamaroneck, Larchmont, and Pelham Manor in a Clean Water Act citizen suit
Representing the Town of Greenburgh in litigation challenging a village incorporation petition
Defending the Westchester County Department of Health in a CERCLA matter
Prevailing for the City of White Plains in federal litigation regarding group home placement
Upholding Rockland County’s redistricting legislation
Successfully defending local determinations in multiple Article 78 proceedings, including zoning, ethics, and land use matters

CONTACT OUR LAW FIRM

We look forward to the opportunity to speak with you further about serving your legal needs. Contact us on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.

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Artificial Intelligence (AI)

Steve Sachs — Fri, 23 Jan 2026 14:45:52 +0000

Published May 24, 2026
Author: Paul Wooten. Partner, Complex Litigation and Advisor
on Artificial Intelligence at Abrams Fensterman, LLP.,
White Plains. 914-607-7010

AI Governance, Compliance & Risk Management

Abrams Fensterman helps organizations evaluate, deploy, and govern artificial intelligence systems while managing legal, regulatory, cybersecurity, and operational risk across industries.

AI Governance & Compliance

Guidance on AI policies, oversight structures, documentation, human review, and compliance programs.

AI Audits & Risk Assessments

Evaluation of AI systems, vendor tools, workflows, data use, regulatory exposure, and operational risk.

Cybersecurity & Data Privacy

Counsel on cybersecurity preparedness, data protection, incident response, and AI-related privacy concerns.

The Legal Risks of Artificial Intelligence

Artificial intelligence is transforming healthcare, media, transportation, finance, and virtually every other industry. While AI can generate content, automate workflows, and accelerate decision-making, it cannot ensure compliance with the complex legal frameworks governing intellectual property, healthcare regulation, corporate governance, privacy, and transportation law. Abrams Fensterman provides multidisciplinary legal counsel to help organizations deploy and govern AI responsibly while minimizing legal and regulatory risk.

Why is Specialized Legal Expertise Needed?

Artificial intelligence creates legal issues that rarely fit within a single practice area. A healthcare organization implementing an AI-powered clinical tool may simultaneously face HIPAA compliance obligations, FDA oversight concerns, cybersecurity risks, and vendor contract issues. Likewise, a media company using AI-generated content may encounter copyright ownership disputes, licensing challenges, and infringement exposure. Navigating these overlapping risks requires attorneys with dedicated expertise across multiple disciplines working together under a coordinated strategy.

Healthcare AI

AI governance in healthcare intersects with HIPAA, HITECH, FDA clinical decision-support regulations, CMS reimbursement frameworks, and New York State requirements. Abrams Fensterman’s nationally recognized healthcare team advises hospitals, health systems, physician groups, and digital health companies throughout the AI implementation lifecycle.

Intellectual Property & Entertainment

AI-generated content raises evolving questions regarding copyright ownership, licensing rights, infringement liability, and content protection. Our Intellectual Property and Entertainment attorneys help creators, brands, and media companies safeguard valuable assets while adapting to rapidly changing AI technologies.

Corporate & Securities

AI is now a material factor in mergers and acquisitions, where target companies may hold significant AI-related IP, carry algorithmic bias liability, or have data-sharing arrangements that require diligence. The Corporate and Securities practice uses AI-assisted tools to accelerate due diligence, identify risk, and monitor regulatory developments in real time.

Transportation Law

Transportation companies face AI-related compliance obligations under DOT, FMCSA, NYSDOT, and TLC regulations. Our Transportation Law team leverages advanced analytics and legal insight to help carriers, fleet operators, and transportation businesses navigate regulatory and litigation challenges.

How Does Abrams Fensterman Approach AI Legal Matters?

Abrams Fensterman takes a cross-disciplinary approach to artificial intelligence matters by coordinating attorneys from its healthcare, intellectual property, corporate and securities, and transportation practices. This collaborative model allows clients to address regulatory compliance, governance, transactions, cybersecurity concerns, contractual obligations, and dispute resolution through a single, integrated legal strategy. The firm advises global media companies, healthcare organizations, emerging technology businesses, and established enterprises throughout New York and across the country.

Why Choose a Multidisciplinary AI Law Firm?

Most AI-related legal issues involve multiple areas of law at the same time. A single agreement governing an AI-powered healthcare platform may implicate privacy regulations, intellectual property ownership, cybersecurity obligations, and corporate liability concerns. Addressing these issues separately can create costly gaps and inconsistencies.

Abrams Fensterman brings together dedicated teams across healthcare, intellectual property, corporate and securities law, and transportation law to provide coordinated, practical, and legally defensible guidance. With offices in Long Island, Brooklyn, White Plains, Albany, and Rochester, the firm serves clients throughout New York and nationwide.

Led by Attorneys Who Understand the Technology

Abrams Fensterman’s Artificial Intelligence Practice is led by Partner Paul Wooten, whose background uniquely combines law, technology, investigations, and regulatory compliance. A Harvard Law School graduate, former prosecutor, and AI Legal Engineer, Mr. Wooten has advised organizations on the legal implications of artificial intelligence and has personally designed enterprise AI systems capable of translating complex regulatory requirements into auditable compliance frameworks. This rare combination of technical and legal experience allows the firm to provide practical guidance on AI governance, compliance, cybersecurity, vendor diligence, internal investigations, litigation risk, and emerging regulatory requirements.

Working alongside attorneys across the firm’s healthcare, intellectual property, corporate and securities, transportation, and litigation practices, Abrams Fensterman delivers comprehensive counsel to organizations navigating the rapidly evolving AI landscape.

Navigating Artificial Intelligence Requires More Than Legal Advice

Led by Partner Paul Wooten, a former AI Legal Engineer, prosecutor, and complex investigations attorney, Abrams Fensterman helps organizations evaluate, govern, audit, and deploy artificial intelligence systems while managing compliance, cybersecurity, litigation, and regulatory risk.

Contact Paul Wooten

Frequently Asked Questions

What types of businesses need an AI attorney?

Any business that develops, integrates, or is affected by AI tools may benefit from legal counsel, including healthcare organizations, technology companies, media and entertainment companies, financial services firms, and transportation operators navigating compliance, IP, or contractual issues related to AI.

What is AI governance, and why does it matter legally?

AI governance refers to the policies, procedures, and oversight structures an organization puts in place to ensure AI systems are used responsibly, accurately, and in compliance with applicable law. Without documented governance, organizations face increased regulatory exposure and liability when AI systems produce adverse outcomes.

How do intellectual property rights work for AI-generated content?

Current U.S. copyright law generally requires human authorship for copyright protection, which creates unresolved questions for content generated autonomously by AI systems. An IP attorney can evaluate ownership, licensing, and infringement risks specific to a client’s use of AI-generated materials.

How can Abrams Fensterman help with AI legal matters?

The firm provides multidisciplinary AI legal counsel through its healthcare, intellectual property, corporate/securities, and transportation teams, advising clients from initial AI adoption through ongoing compliance, transactions, and dispute resolution across New York and nationally.

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Construction Access Disputes and RPAPL § 881 Representation

Steve Sachs — Wed, 07 Jan 2026 19:21:09 +0000

Published January 27, 2025. Revised May 28, 2026
Mark J. Caruso Esq, Partner at Abrams Fensterman LLP
Best Lawyers in America^®,2024-2026.
2025 NYS Trailblazers in Building & Real Estate

What Is RPAPL § 881 in New York?

RPAPL § 881 is a New York Real Property Actions and Proceedings Law section that lets a property owner petition a court for a temporary license to enter an adjoining neighbor’s property when access is required to install protections, perform inspections, or complete work safely in compliance with Department of Buildings. When access cannot be obtained by agreement, RPAPL 881 provides a statutory mechanism for securing a license through the courts. Abrams Fensterman attorneys represent both petitioners and adjacent property owners in Long Island, New York City, and upstate New York.

Common triggers include sidewalk sheds extending onto a neighbor’s frontage, overhead protection over an adjacent roof, underpinning at a shared lot line, scaffold tiebacks anchored into a party wall, and crane swing clearances. If the adjoining owner signs a voluntary license, no court involvement is needed and the parties simply negotiate terms. If voluntary access fails, the petitioner files an RPAPL § 881 special proceeding in the New York County Supreme Court (or the supreme court of the county where the property sits) to obtain a court-ordered license, a process the firm’s New York real estate law practice handles in coordination with related litigation, financing, and transactional work.

When Is a Neighbor License Agreement Required for Construction?

A neighbor license agreement is required whenever construction work cannot be performed safely or in compliance with Department of Buildings requirements without entering or installing protections on an adjoining property. Common triggers include sidewalk sheds extending onto a neighbor’s frontage, overhead protection over an adjacent roof, underpinning at a shared lot line, scaffold tiebacks anchored into a party wall, and crane swing clearances.

If the adjoining owner signs a voluntary license, no court involvement is needed and the parties simply negotiate terms. If voluntary access fails, the petitioner files an RPAPL § 881 special proceeding in the New York County Supreme Court (or the supreme court of the county where the property sits) to obtain a court-ordered license.

What Factors Do the Courts Weigh in an RPAPL 881 Petition?

New York courts apply a balancing test focused on the equities between the petitioner and the adjacent property owner. The factors most consistently considered are:

Nature, extent, and duration of the proposed work and the access required.
Necessity of the access, including whether the work can reasonably be completed without entering the neighbor’s property.
Protections to the adjacent property, including overhead protection, monitoring, and pre-construction surveys.
Inconvenience and disruption to the adjacent owner’s use, light, air, or quiet enjoyment.
Good faith negotiation by the petitioner before filing, including reasonable offers of terms and license fees.
License fees and compensation for the use and burden imposed on the neighbor’s property.
Insurance and indemnification offered, including additional-insured status and adequate policy limits.
Reimbursement of professional fees the neighbor reasonably incurred in reviewing and negotiating the license.

Courts retain wide discretion to tailor relief and can impose conditions absent from the petitioner’s proposed terms.

What Terms Are Included in a Neighbor License Agreement?

A negotiated or court-ordered neighbor license agreement typically addresses:

Scope of access, including the specific areas, structures, and air rights involved.
Duration, with start and end dates tied to construction milestones and an extension mechanism.
Protective work, including overhead protection, netting, monitoring devices, vibration monitoring, and pre-construction surveys.
Insurance, including commercial general liability with the neighbor named as additional insured, plus appropriate umbrella, workers’ compensation, and builders risk coverage.
Indemnification, allocating risk for property damage, personal injury, and third-party claims arising from the access.
License fees and recurring use payments, often structured monthly for as long as the protections remain in place.
Professional fee reimbursement, covering the neighbor’s reasonable legal and engineering review costs.
Restoration obligations following completion of the work.

Terms are negotiated against the leverage of an available 881 proceeding, so weak protective offerings invite court intervention.

How Long Does an RPAPL 881 Proceeding Take?

Timing depends on the court, the complexity of the work, and whether the adjacent owner contests the petition. A straightforward, well-documented petition with limited opposition can resolve within roughly 60 to 120 days from filing. Contested matters involving engineering disputes, license-fee disagreements, or extensive protective work can run six months or longer. Because access issues directly affect construction schedules, financing draws, and carrying costs, Abrams Fensterman pursues these proceedings on an expedited posture wherever possible.

What Rights Does an Adjacent Property Owner Have Under RPAPL 881?

An adjacent property owner asked to grant construction access retains substantive rights even after a petition is filed. The owner can require adequate protective work, insurance naming the owner as additional insured, indemnification, license fees commensurate with the burden, reimbursement of professional fees, and conditions on duration and scope. The owner can also object to overreach and propose alternative protections. The statute is not a one-way grant to developers; courts routinely impose terms favorable to a well-represented adjacent owner.

How Abrams Fensterman Represents Both Sides

The firm regularly represents both petitioners (developers and owners seeking access) and respondents (adjacent owners asked to grant access). This dual posture gives the team a working knowledge of what courts accept, what license-fee ranges hold up under scrutiny, and what protective terms survive judicial review. Practice leaders Mark J. Caruso, Rachelle Rosenberg, and Elliot Steinmetz, together with partners Leonard Gekhman and associates Efraim S. Lipschutz and Agnes Poplawski, handle RPAPL 881 matters from the firm’s Brooklyn Metrotech, Long Island, White Plains, Rochester, and Albany offices. The team coordinates with engineers, architects, and construction professionals so that license terms and court submissions reflect the technical realities of the project.

Contact Our RPAPL 881 and Neighbor License Agreements Team

To discuss a neighbor license agreement or an RPAPL § 881 proceeding, contact the firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, in White Plains at 914-607-7010, in Rochester at 585-218-9999, or in Albany at 518-535-9477.

Frequently Asked Questions

Can I sue my neighbor for construction access in New York? You cannot sue for damages simply because a neighbor refuses voluntary access, but you can file a special proceeding under RPAPL § 881 asking the court to grant a temporary license on terms it considers just. The proceeding is filed in the supreme court of the county where the property is located.

What happens if my neighbor refuses construction access? If voluntary negotiation fails, the petitioner can file an RPAPL § 881 petition. The court then weighs the equities, including necessity, protections offered, license fees, and good-faith negotiation, and issues a license with conditions, or denies the petition if the request is unreasonable.

How is a license fee calculated in an RPAPL 881 case? License fees reflect the burden the access places on the adjacent owner. Courts consider the duration of the access, the loss of use of affected areas (rooftops, terraces, yards, frontage), the impact on the owner’s enjoyment of the property, and comparable fees awarded in similar matters. Fees are often structured as monthly payments while protections remain in place.

Do I need an RPAPL 881 order to install a sidewalk shed? A sidewalk shed extending onto a neighbor’s frontage or roof requires the neighbor’s permission. If consent is given voluntarily, the parties sign a license agreement. If consent is refused, an RPAPL § 881 petition is the statutory path to obtain a court-ordered license for the installation period.

What insurance is required for a neighbor license agreement? A neighbor license typically requires commercial general liability insurance naming the adjacent owner as an additional insured, umbrella coverage, workers’ compensation, and, where the work warrants it, builders risk coverage. Policy limits scale with project scope; courts review insurance adequacy as part of the balancing analysis.

Contact Our RPAPL 881 & Neighbor License Agreements Team

To learn more about how we can assist with your project or protect your property interests, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.

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