Cascone & Kluepfel, LLP is proud of our track record of success in
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Declaratory Judgment Granted in Client's Favor
Our client, a general contractor, was sued in a high-exposure Labor Law
240/241 action involving severe personal injuries. Plaintiff’s employer
was contractually obligated to procure insurance on behalf of our client.
The employer’s carrier, however, denied coverage to our client on
the ground that its named insured transferred the work to another entity
and had no role in the work at the time of plaintiff’s accident.
We prevailed in a Declaratory Judgment action against the employer’s
carrier, winning summary judgment and a declaration that it had to fully
defend and indemnify our client. The Court rejected the carrier’s
arguments that its named insured had no role in the work, and agreed with
our position finding that the named insured continued to bill for the
work, that it's contract remained in effect regardless of any alleged
assignment of the work to another entity, and that the continued contractual
obligation to oversee the work sufficed to trigger the additional insured
The result was an award of full coverage for our client, despite the carrier's
attempt at every avenue to avoid its obligations
Summary Judgment for Property Owner in Trip and Fall
Client, municipal property owner, granted summary judgment dismissal on
a trip and fall claim on a concrete bulkhead at a marina. We demonstrated
the following: our client installed a concrete bulkhead with expansion
control joints running through the bulkhead down into the adjacent sidewalk,
that, unsurprisingly, the Town never received any requisite notice of
a defect involving any of the expansion control joint gaps, and that these
expansion control joint gaps did not create an immediately dangerous condition.
Finally, the court agreed with our argument that plaintiff’s opposition
comprised only inadmissible conjecture and personal preferences of an
expert rather than the requisite, admissible opinion of a violation of
any specific building or safety standards.
(Supreme Court, Nassau County, September 2017)
Summary Judgment for “Middle Car” in Three-car Chain Collision
Our client, stopped behind plaintiff’s host vehicle at a red traffic
light, was rear-ended and pushed into the lead host vehicle. The motion
Court properly found that our client established its burden, through the
introduction of testimony as to the number of impacts felt by plaintiff
and prevailing traffic conditions, that defendant was free from negligence
in the three-car accident.
(Supreme Court, Kings County, July 2017)
All Claims Dismissed against Homeowner’s Association in Trip and Fall
Homeowner’s Association granted summary judgment based on lack of
ownership, control, and maintenance of private sidewalk plaintiff alleged
to have tripped over. Plaintiff was walking out of his basement apartment rented from homeowner
who was a member of Homeowner’s Association which is part of a 21
home private development in Staten Island, New York. Homeowner commenced
third-party action against HOA, as well as plaintiff bringing direct claims
against HOA. Through the submission of deposition testimony, HOA bylaws,
subsequent repair invoices, and a land survey it was successfully shown
that the HOA’s maintenance responsibilities did not extent to this
private sidewalk in front of the residential home.
(Supreme Court, Richmond County, May 2017)
Snow Removal Contractor Granted Summary Judgment
Snow removal contractor for large commercial shopping plaza was granted
summary judgment dismissal underEspinal Doctrine, by establishing the snow removal contract was not
an exclusive and comprehensive agreement to maintain the property; plaintiff
did not detrimentally rely on the contract; and that the snow removal
contractor did not launch an instrument of harm. We were also successful
in having plaintiff’s claims against property owner dismissed on
lack of notice. Plaintiff’s claims and all third-party claims asserted
by property owner were dismissed in a lengthy and through decision by
(Supreme Court, Suffolk County, May 2017)
Summary Judgment for Snow Removal Contractor
Summary judgment granted to our client, third-party defendant snow removal
contractor in a slip and fall on ice claim. We demonstrated the following:
our client’s contract only obligated them to appear and remove snow/ice
with 2” accumulation, that there was no such accumulation at or
about the time of the accident, and that the property owner admitted that
our client never failed to perform its snow/ice removal duties under the
contract. Finally, the court agreed with our argument that third-party
plaintiff’s allegations that our client somehow created or exacerbated
the particular ice condition involved in the accident was speculation only.
(Supreme Court, Bronx County, May 2017)
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