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.

Labor Law Claims Dismissed against Property Owner

Our client, a Trust, owned a large property that included four parcels and contained multiple buildings. The Trust contracted with a general contractor to renovate the upstairs bedrooms and an exterior patio/terrace of the main house. The plaintiff, an employee of the general contractor, climbed an A-frame ladder to clean off cement that had splattered onto the glass of a greenhouse connected to the main house. While performing his work, the ladder wobbled causing plaintiff to fall through the greenhouse glass and onto the greenhouse floor. Plaintiff sued our client, asserting causes of action under Labor Law §§240, 241 and 200/negligence. After the depositions, we filed a motion for summary judgement seeking the dismissal of plaintiff’s complaint, arguing that our client was entitled to the “homeowner’s exemption” to liability under the Labor Law. The court agreed and dismissed the claims under Labor Law §§240, 241 outright. The court also dismissed the 200/negligence claim, finding that the greenhouse was code-compliant and otherwise free from defects as a matter of law. (Suffolk County Supreme Court, December 2019)

Slip and Fall Case Dismissed against Client Contractor

4/13/2020

Plaintiff, a night-time security guard, slipped and fell on oil and water on the basement floor of a High School during his nightly rounds. The oil was alleged to have leaked from the boilers and the water was dripping from pipes. He sued all contractors involved with the boilers and pipes, including our client, a Duct Cleaning Company who performed annual cleaning of the boiler’s exhaust and ductwork for the school district. In our motion for dismissal, we established that the leak emanated from inside the boiler, the repair of which was outside the scope of our client’s work. Further, our client notified the school of the leak at the start of its work, and finished its work after the leak was repaired. The court agreed that our client had no duty with respect to the water leak, and was not otherwise responsible for the oil and water condition that caused plaintiff’s fall. All claims and cross-claims were dismissed against our client as a matter of law. (Suffolk County Supreme Court, August 2019).

Bronx Labor Law Action Dismissed as a Matter of Law

The plaintiff, a Site Safety Coordinator, alleged severe injuries and permanent disability as a result of tripping over debris-filled garbage bags and falling into an unprotected excavation hole at a worksite. He underwent bilateral knee surgeries, and claimed a variety of injuries to his back and limbs resulting in total incapacitation from employment. Plaintiff commenced suit against the owner and our client, the general contractor, asserting claims under Labor Law 200, 240(1) and 241(6). Original motions for summary judgment by all parties were merely stamped “denied” without written decision. Re-argument motions were similarly denied, and appeals were pending when we applied to the new judge to consider the original motions on the merits. The court granted the request and issued a 10-page written decision granting our motion and dismissing plaintiff’s complaint in its entirety. The court agreed with our argument that 240(1) was inapplicable in that the hole did not pose an elevation-related risk that required the special protections afforded by the statute, but rather the type of “ordinary and usual” peril a worker is commonly exposed to at a construction site. Regarding 241(6), the court agreed that Industrial Code Sections 23-1.7(d) & (e) (slipping and tripping hazards) did not apply because plaintiff did not slip on an elevated platform or trip within a passageway; and that 23-2.1 (storage of debris) was not applicable where plaintiff fell in a common area. Finally, the court dismissed the negligence/200 claims against our client agreeing that our client, among other reasons, did not have the authority to direct or control the injury-producing work. Case dismissed! (Bronx County Supreme Court, March 2020)

Defense Verdict in Bronx County Labor Law Trial!

4/2/2020

The plaintiff, a window installer, alleged severe knee injuries as the result of tripping over large piles of construction debris at a new building under construction in New York City. We represented the owner and general contractor. In support of his Labor Law 241(6) cause of action, plaintiff claimed the defendants violated Industrial Code 23-1.7 (e) pertaining to tripping hazards at work sites. Plaintiff alleged severe injuries to his knee, including tears that required arthroscopic surgery. He underwent a partial knee replacement, then a total knee replacement surgery. Plaintiff claimed he was permanently disabled as a result of his injuries, and sought a multi-million dollar damages award for his pain and suffering, as well as for past and future lost wages and medical expenses. Plaintiff presented testimony from his numerous treating doctors and surgeons, all of whom testified that his knee injuries were caused by the accident leaving plaintiff permanently disabled and in need of lifetime medical treatment. Through aggressive cross-examination of plaintiff’s doctors and experts, and through testimony of experts on behalf of the defense, we elicited evidence that plaintiff’s knee condition and surgeries were the result of a pre-existing osteoarthritic condition in his knee. After weeks of trial testimony, the jury returned a Defense Verdict - finding that plaintiff’s injuries were not caused by the accident. (Bronx Supreme Court, February 2020).

Client Catering Company Granted Summary Judgment Dismissal

Plaintiff suffered multiple personal injuries as the result of a trip and fall down a set of stairs outside of a building owned by the County. Our client, a catering company, was catering a wedding at the building and had a licensing agreement with the County for such events. Plaintiff claimed that he fell because the stairwell was poorly lit. The Court granted our client’s motion for summary judgment dismissal of plaintiff’s claims against our client, as well as the County’s cross-claims, agreeing with our arguments that maintenance of the stairwell lighting was not the responsibility of our client. (Suffolk County, March 2020).

Plaintiff Denied Summary Judgment under Labor Law ยง240(1) When Ladder Detached from Wall. Clients Granted Contractual Indemnifi

9/1/2019

Plaintiff, an employee of a demolition subcontractor, fell while descending a ladder suspended from a roof hatch during a demolition project. The ladder became detached from the wall causing plaintiff to fall from the ladder, along with the ladder itself striking the plaintiff. Plaintiff’s employer was hired by our clients, the owner and property manager.

The Court denied plaintiff’s motion for liability under Labor Law §240(1) finding a triable issue of fact as to whether plaintiff was authorized to perform the work at the time it occurred. In addition, our clients were awarded contractual indemnification over and against plaintiff’s employer. The Court held that our client proved it was free from negligence, and did not direct, control, or supervise the injury-producing work. (Supreme Court, Kings County- September 2019)

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