Stewart G. Milch

Stewart G. Milch



Practice Groups

Stewart G. Milch focuses his practice on appellate advocacy and substantive legal writing. He has handled complex litigation at the state and federal levels for more than two decades, during which time he briefed over 100 appeals and argued before all four New York Appellate Divisions, the New York Court of Appeals, and Federal Circuit Courts.

As part of his appellate practice, Stewart has represented a range of clients in medical malpractice and professional liability matters, including anesthesiologists, obstetrician-gynecologists, surgeons, dentists, podiatrists, psychologists, nurses, and physicians’ assistants. In addition, his clients have included numerous hospitals and health care systems, as well as other attorneys and law firms. He has represented landlords and general contractors in Labor Law and general liability matters. Stewart has also served as amicus counsel to the Uniformed Firefighters Association.

His background includes serving as managing attorney of a small law firm in which he practiced as an appellate attorney with other New York City firms. While receiving his juris doctor at New York Law School, Stewart was a member of the school’s Journal of Human Rights.

Representative Matters
  • Ostroy v. Six Square LLC, 100 A.D.3d 493 (1st Dep’t 2012): Won summary judgment for landlord in trial court and obtained affirmance in Appellate Division, where tenant was murdered by a contractor’s employee working to renovate landlord’s building
  • Alger v. University of Rochester Medical Center, 114 A.D.3d 1209 (4th Dep’t 2014): Obtained affirmance of trial court judgment for hospital; plaintiff claimed hospital error reading genetic test caused her to terminate pregnancy; jury found plaintiff terminated pregnancy prematurely, before obtaining full test results
  • Fox v. Marshall, 88 A.D.3d 131 (2d Dep’t 2011): Obtained modification of trial court’s order and obtained dismissal of medical malpractice claim by family of woman who was murdered by physician’s former patient
  • Williams v. Bushman, 70 A.D.3d 679 (2d Dep’t 2010): Obtained reversal of trial court order denying attorney’s summary judgment motion; demonstrated that plaintiff would not have succeeded in underlying action; case against attorney dismissed
  • Martindale-Hubbell Peer Review Rating: AV Preeminent
  • New York Metro Super Lawyers, 2017–18
  • Law360 Distinguished Legal Writing Award (American Bar Association/The Burton Awards), 2018
Professional Affiliations
  • New York State Bar Association: Member, Committee on Courts of Appellate Jurisdiction
  • Defense Research Institute
  • American Bar Association
  • Scribes: The American Society of Legal Writers
Civic Activities
  • Watch D.O.G.S. program volunteer
  • Treasurer, Board of Trustees, Villas at Eagle Ridge
  • Alumni Volunteer, Hobart and William Smith Colleges
Admitted to Practice
  • New York
  • Texas
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. Courts of Appeals for the Second, Third, Fifth, and Eighth Circuits
  • U.S. Supreme Court
  • New York Law School, J.D., 1993
  • Hobart and William Smith Colleges, B.A., 1990
  • Author, “Why You Should Argue Your Appeal,” Law360, June 10, 2017
  • Presenter, “Careers in Law,” Hobart and William Smith College, Professionals in Residence Series, April 13-14, 2017
  • Judge, National Appellate Advocacy Competition, American Bar Association, February 18, 2017
  • Judge, 40th Annual Robert F. Wagner National Labor and Employment Law Moot Court Competition, New York Law School, March 18, 2016
  • Author, “Appellate Practice and Procedure: Lessons from D’Alessandro v. Carro,” Inside Counsel, November 6, 2014
  • Author, “Preparing for Your First Court of Appeals Argument,” New York State Bar Association’s Leaveworthy, Vol. II, No. 2, Winter 2012
  • Co-Author, “The National Practitioner Data Bank: What Every Physician Needs to Know,” MD News, September 2012
  • Presenter, “After the Verdict: Post-Trial Practice in New York/Enforcement of Money Judgments,” New York State Bar Association, April 19, 2013