CMM’s Appellate Practice team, led by Patrick McCormick, has prevailed in a thorny appeal in the Second Circuit Court of Appeals, which sits in New York City at the Thurgood Marshall Courthouse in lower Manhattan. The appeal stemmed from a construction case pending in the U.S. District Court for the Eastern District of New York involving a breach of contract dispute regarding a wastewater treatment facility in Wyoming.
CMM represented the third-party defendant in the underlying action and had successfully moved to dismiss the third-party complaint filed against our client. The basis of the motion was that the subcontractor was attempting to implead the wrong party (the property owner) rather than proceed against the general contractor pursuant to the mandatory arbitration provision in the subcontract at issue.
Plaintiff appealed the dismissal of the third-party complaint. After reading CMM’s strong Brief and arguments, the Second Circuit issued a Summary Order and Judgment affirming the Order of the District Court.
CMM’s appellate team has handled hundreds of appeals and oral arguments on the state and federal levels and has become a go-to appellate practice team for clients and trial lawyers alike. Learn more here.