Abrams Fensterman, LLP is proud to announce a major victory by its Litigation Practice Group, led by Partners Amy Marion and Anthony Genovesi, in securing a reversal of a $10 million punitive damages judgment against the firm’s client.
In a decision issued by the Appellate Division, Second Department, the Court reversed a prior Supreme Court judgment from a jury verdict award of $10 million in punitive damages to the plaintiffs. The appellate panel agreed with Abrams Fensterman’s arguments that the Supreme Court erroneously instructed the jury that the issue of the client’s liability had already been determined against him, and the jury was not asked to consider client’s liability under the Labor Law or otherwise. Because the client was never determined to be liable with respect to any substantive cause of action, no punitive damages could be awarded based upon his alleged conduct.
Notably, the client retained Abrams Fensterman after the trial court had already entered judgment— underscoring the firm’s ability to step in post-verdict, analyze complex trial records, and deliver strategic appellate advocacy that reversed the outcome entirely.
Anthony Genovesi, Jr., Partner at Abrams Fensterman, stated,
“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.”
Partner Amy Marion added: “Appellate work requires precision, perseverance, and a deep understanding of how trial errors translate into reversible issues. We are proud to have achieved this result for our client and to further reinforce Abrams Fensterman’s strength in high-stakes litigation and appeals.”
The decision — Petrosian v. B&A Warehousing, Inc., et al., Appellate Division, Second Department — is another example of the firm’s litigation group’s record of success in overturning multimillion-dollar judgments and protecting clients’ rights on appeal.
About the Attorneys
Amy Marion, Partner at Abrams Fensterman, is a nationally recognized trial attorney and Commissioner for New York State’s Commission on Prosecutorial Conduct. Her practice spans civil rights litigation, criminal defense, and appellate advocacy, with a long history of securing landmark results and multimillion-dollar settlements for her clients.
Anthony J. Genovesi, Jr., Partner at Abrams Fensterman, has more than 20 years of experience representing individuals and corporations in complex commercial and insurance litigation. A New York Super Lawyer in Business Litigation since 2021, Mr. Genovesi has successfully argued numerous cases before the Appellate Divisions and the New York State Court of Appeals.
Contact Our Law Firm
For more information about our Business and Commercial Litigation 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.
