Clausen Miller Appellate Practice Group Claims Victory in New York Appellate Court
Clausen Miller’s Appellate & Trial Monitoring Practice Group secured a big win in the New York Appellate Division – Second Department this week in Ferere v. Saks Fifth Avenue, LLC. In Ferere, Clausen Miller trial attorneys Chris Scanlon and Djordje Caran had successfully obtained a dismissal of the plaintiff’s case based on opposing counsel’s failure to comply with the trial court’s orders. They also then successfully rebuffed opposing counsel’s efforts to vacate that dismissal based on a claim of law office failure.
In its July 15, 2026 decision, the Second Department affirmed the trial court order refusing to vacate the dismissal of plaintiff’s case. The Second Department agreed that opposing counsel’s excuse that the handling attorney “inexplicably” failed to take required actions was conclusory and inadequate. The Court stressed that it is “apparent that the plaintiff’s law firm and its principal received notice of the actions taken, yet the firm took no action in response.” Clausen Miller Appellate & Trial Monitoring Practice Group Chair Melinda Kollross and partner Joseph Ferrini handled the appeal.
Christopher T. Scanlon
Djordje (George) Caran
Melinda S. Kollross
Joseph J. Ferrini