July 10, 2020
Ellen A. Fischer, an attorney with over 25 years of experience, has been named as Appellate Counsel at Sholes & Miller, PLLC. Ms. Fischer has practiced medical malpractice defense for over 22 years, concentrating in the areas of legal research and writing. She has perfected and/or responded to over forty appeals and has extensive experience in preparing and defending complex motions. Ms. Fischer is available for the preparation of briefs and other litigation tasks at Sholes and Miller. Her services are available to attorneys who require assistance with the following:
- Post-trial motions and other substantive motion practice in New York state courts
- Review of decisions for appealable issues
- Review of trial record for appealable issues
- Preparation of record and appellate briefs
- Legal research and writing
Some examples of Ms. Fischer’s successes in the appellate divisions are as follows:
Houston v. Koszer, 178 AD3d 781 (2nd Dept. 2019)
Successfully defended appeal of jury verdict in complex medical malpractice action.
Slintak v. Price Chopper Supermarkets (2nd Dept. 2011)
Plaintiff in slip-and-fall appealed from order granting summary judgment; order affirmed.
Balcom v. Reither, 77 AD3d 863 (2nd Dept. 2010)
Successfully argued for dismissal of appeal, with costs.
LaFurge v. Cohen, 61 AD3d 426 (1st Dept. 2009)
Successfully argued that preclusion of plaintiff’s expert oncologist’s new theory of liability was proper, and that plaintiff’s expert medical physicist was properly precluded from testifying on the medical issue of the Biological Equivalent Dose of high dose rate radiation brachytherapy in a patient with a rare form of cancer.
Rodriguez v. Zeichner, 50 AD3d 999 (2nd Dept. 2008)
Motion for dismissal of appeal of one order granted, and remaining order affirmed dismissing medical malpractice complaint.
Sangiovanni v. Koloski, 31 AD3d 422 (2nd Dept. 2006)
Successfully argued that the facts adduced at trial in a medical malpractice action were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur, and that statements made by the defendant physician did not constitute judicial admissions.
Cedrone v. Bon Secours Community Hospital (2nd Dept. 2006)
Successfully argued that the order denying a further examination before trial of a witness and granting a motion to preclude questioning of a different witness regarding photographs, were not appealable as of right and that permission to appeal should be denied.
Broadie v. St. Francis Hospital, 25 AD3d 745 (2nd Dept. 2006)
Successfully reversed jury verdict for plaintiff in medical malpractice action.
Miller v. Weisel, 15 AD3d 458 (2nd Dept. 2005)
Obtained reduction of verdict in Erb’s Palsy case from $1.2 million for pain and suffering to $700,000.
Martin v. Hudson Valley Associates, (2nd Dept. 2004)
Appealed from order denying summary judgment on informed consent issue, appeal granted, and cause of action dismissed.
Craig v. Kim, 289 AD2d 364 (2nd Dept. 2001)
Successfully moved for summary judgment dismissing the complaint in a medical malpractice action, affirmed on appeal.
McDade v. Wright, 268 AD2d 570 (2nd Dept. 2000)
Successfully argued that the dismissal of a complaint on jury verdict was proper, and that the CT films presented at trial were properly authenticated.
When not writing briefs, Ms. Fischer is a busy mom of two teenage boys and three rescue cats. She likes to help when she can at the local food pantry. She and her husband Bryan spend time together on the weekends antiquing and searching for old-fashioned diners to “review.” Ms. Fischer also enjoys gardening and fishing at the pond at her family’s farm in upstate New York during the summers, and journaling, knitting and scrapbooking during the winters.
Ellen A. Fischer can be reached by calling Sholes & Miller at 845-447-8000 or by sending an email to info@sholesmiller.com for a courteous and prompt response.