Fred Profeta - New York Appeals Attorney

Concentrating in Commercial Litigation and Personal Injury

Fred Profeta | New York Appeals AttorneyFred R. Profeta, Jr., the senior partner at Profeta & Eisenstein, has over 40 years of experience handling appeals. Although all cases are initially heard at the trial court level, a party dissatisfied with a trial court's decision may appeal the case to a higher court known as an appellate court.

Mr. Profeta is an experienced New York appeals attorney with an outstanding track record, having won 2/3 of his cases. He has devoted his practice almost exclusively to appeals for decades, concentrating in a wide variety of practice areas, including commercial litigation, personal injury, maritime law, procedural and evidentiary issues, products liability, medical and legal malpractice and defamation, among others. His firm serves clients throughout the New York metropolitan region, representing them in New York state courts, federal courts, and the United States Supreme Court.

Fred Profeta has won over 2/3 of his cases — Beat Trump Twice! Go with experience and results!

Case Spotlight: Profeta Prevails over Donald Trump

The Appellate Division vacated an award in favor of Trump for more than $2,000,000 in claimed attorneys' fees, allowable under his lease with a commercial tenant, in a case where Trump had also obtained a judgment for $400,000 against the tenant who had withheld rent. The tenant had not been evicted, actually or constructively, and was not entitled to withhold. The case involved water damage in the luxury office penthouse atop The Trump Building at 40 Wall Street. The tenant was also awarded $45,000 because Trump refused to fix the leak in the roof which caused the damage. As a result, the Appellate Division held that Trump was not the "prevailing party" and was not entitled to contractual attorneys' fees in spite of his judgment. The tenant had also argued that Trump was not entitled to attorneys' fees as an equitable matter because he had obtained interest on his entered judgment for withheld rent at an alleged criminally usurious rate in excess of 25% (excessive interest later stricken by the trial court), but the Appellate Division did not comment on this argument.


B.A. Yale University
J.D. and LL.M Harvard Law School

Request a Consultation:

For advice concerning your specific appeal, please contact Mr. Profeta for a consultation. Click here to fill out our consultation request form or call 212-577-6500. Mr. Profeta can provide the legal experience necessary to successfully appeal or defend a lower court decision.

Fred Profeta | 45 Broadway, 22nd Floor New York, New York 10006 | 212-577-6500 |

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