Our Results

Cascone & Kluepfel, LLP is proud of our track record of success in all areas of liability defense. Select a categoy below to view some of our results.

Prior results do not guarantee a similar outcome.

Denial of Summary Judgment Reversed by Appellate Division, Second Department

Plaintiff claimed to have sustained serious injuries after being struck with a ball while sunbathing at a municipal beach. She alleged that the municipality failed to provide proper supervision and also failed to enforce its own “no ball playing” ordinance, instead permitting a group of patrons to engage in a 45 minute baseball game. Following the incident, plaintiff underwent five surgical procedures, resulting in significant disfigurement. We moved for summary judgment dismissal arguing that the municipality’s duty to beachgoers was limited to preventing “ultrahazardous and criminal activities of which it had knowledge.” The motion court denied our motion, finding a question of fact as to whether the lifeguards and public safety officers should have stopped the game.

On appeal, the Appellate Division, Second Department, reversed the motion court’s decision and dismissed the action. The court found that we had submitted prima facie evidence that the activity (playing baseball) did not rise to the level of "ultrahazardous and criminal" activity that would trigger the municipality’s duty to intercede. (Appellate Division, Second Department, June 2016).

Defense Verdict in Damages Only Trial

3/1/2016

Founding Partner Len Cascone obtained a defense verdict on a damages only trial in Queens County. The jury determined that plaintiff's neck complaints (including numbness and tingling in his hands) resulted from the natural degenerative process of a two-level cervical fusion he underwent five months prior to the motor vehicle accident in question. The jury rendered a defense verdict under Insurance Law § 5012(d), finding that plaintiff did not sustain a serious injury as a result of the rear-end accident. (Supreme Court, Queens County, March 2016)

Court Determined Client’s Work Not a Cause of Sidewalk Defect

Plaintiff pedestrian claimed that she tripped and fell over a “depression” on a sidewalk in Queens, New York. She brought suit against the abutting property owner, City of New York, and our client, a plumbing contractor hired by a non-party to repair a water main. We moved for summary judgment, submitting evidence that our client performed no work on the sidewalk, but only in the roadway itself. The Court granted summary judgment in our favor, finding as a matter of law that our client’s work could not have caused the sidewalk defect and, therefore, could not be liable to plaintiff or the abutting property owner. (Supreme Court, Queens County, February, 2016)

Labor Law Action Dismissed against Client Masonry Contractor

1/1/2016

Plaintiff, an electrician, tripped and fell on brick debris from an interior brick wall built by our client. Plaintiff alleged the brick debris was left by our client. Plaintiff sustained a torn labrum of the left shoulder and underwent three surgical repairs. We moved for summary judgment dismissal, arguing that evidence confirmed that our client did not create the debris, as our client completed its work at the project ten days before plaintiff fell. The court agreed with our argument that the debris was not created by our client, but instead, resulted from another contractor’s work in creating openings in the brick wall to accommodate electrical conduits. Accordingly, the court dismissed plaintiff’s claims and the third-party plaintiff’s indemnification claims against our client. (Supreme Court, New York County, January 2016)

Appellate Division Reverses Motion Court’s Denial of Summary Judgment to Defendant

Plaintiff golfer alleged that the defendants were negligent in causing and/or failing to warn him of a mossy wet railroad tie on a golf course. Our client maintained the fairways pursuant to an oral agreement with the owner of the golf course. The testimony established that it had rained in the hours before the accident and the course was wet while plaintiff was playing. We moved for dismissal, arguing that plaintiff’s claim was barred by the doctrine of primary assumption of risk, as slipping on a wet railroad tie was a reasonably foreseeable result of playing on a wet/dewy golf course. The Appellate Division agreed, reversing the lower court’s decision denying the motion. (Appellate Division, Second Department, January 2016)

Court Granted Summary Judgment Motion of Abutting Tenant

12/1/2015

In this action, the plaintiff claimed that she tripped and fell on a public sidewalk in the Village of Rockville Centre. We represented the tenant of the building abutting the sidewalk. We moved for summary judgment, arguing that our client did not create the condition, cause the sidewalk defect to occur because of a special use, or violate any statute or ordinance that imposed tort liability upon it. The court agreed with our position and granted our motion for summary judgment dismissal. (Supreme Court, Nassau County, December 2015)

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