Case Overview
Abrams Fensterman LLP achieved a major appellate victory in Petrosian v. B&A Warehousing, Inc., overturning a $10 million punitive-damages judgment issued by a lower court. The Appellate Division, Second Department, ruled that the jury had been improperly instructed and that punitive damages cannot be awarded without a prior finding of liability. The appeal—led by Amy Marion and Anthony J. Genovesi, Jr.—reinforces key principles of fairness and due process in New York civil litigation.
A Landmark Win for Justice
In a decision that underscores the importance of proper legal procedure, Abrams Fensterman LLP successfully reversed a $10 million punitive damages verdict in Petrosian v. B&A Warehousing, Inc. The case was argued before the Appellate Division, Second Department, one of New York’s most influential appellate courts.
At the original trial, the jury was told that the defendant was already liable before that issue had been formally established—an error that directly violated New York law. Punitive damages are meant to punish proven misconduct, not allegations. The appellate court agreed and completely overturned the award, setting a strong precedent for how punitive damages must be handled in future cases.
Why This Case Matters
This ruling clarifies essential principles that protect both fairness and legal integrity in civil trials:
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Liability must be proven first. Courts cannot impose punitive damages until they establish that the defendant is legally responsible.
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Jury instructions shape the outcome. A single procedural error can make an otherwise valid verdict unsustainable.
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Appeals can correct trial-level mistakes. Even after an unfavorable verdict, appellate lawyers can identify reversible errors and restore justice.
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The Attorneys Behind the Win
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Amy Marion, a partner and nationally recognized trial and appellate attorney, is also a Commissioner on New York State’s Commission on Prosecutorial Conduct. Her background spans complex litigation, civil rights, and appellate advocacy.
Anthony J. Genovesi, Jr., named a New York Super Lawyer in Business Litigation, has over two decades of experience handling complex commercial and insurance cases in New York’s state and federal courts. Together, they formed a powerhouse appellate team that turned a devastating trial result into a complete victory.
Statement from Anthony Genovesi
“This is a significant win — not only because it saved our client $10 million, but because it reaffirms the importance of rigorous appellate review when the trial record has gone off course. Our team worked tirelessly to demonstrate that the punitive damages award had no legal foundation.”
What It Means for Clients
This case shows why businesses, professionals, and individuals should never assume that a trial loss is final. Appellate courts exist to ensure legal consistency, and with the right team, major reversals are possible.
Abrams Fensterman’s appellate practice regularly handles civil, commercial, criminal, and administrative appeals, providing clients with second-chance opportunities when trial outcomes are tainted by procedural or legal errors.
Frequently Asked Questions
1. What exactly did Abrams Fensterman accomplish?
They successfully overturned a $10 million punitive-damages judgment that had been improperly awarded without a finding of liability.
2. Why can’t punitive damages be awarded first?
New York law requires that liability—proof that someone is legally responsible—be established before any punitive damages can be imposed.
3. What does the Appellate Division, Second Department, do?
It reviews trial-court decisions from Brooklyn, Queens, Long Island, and parts of the Hudson Valley to ensure the law was correctly applied.
4. How long does an appeal usually take?
Most appeals in New York take 12 to 24 months, depending on the case’s complexity and the court’s schedule.
5. What should someone do after losing at trial?
Contact an appellate attorney immediately—appeal deadlines are short (usually 30 days). The attorney can review trial records and determine if errors justify a reversal.
6. Does Abrams Fensterman handle other types of appeals?
Yes. The firm handles appeals in commercial litigation, personal injury, civil rights, insurance disputes, and professional-discipline matters.