Michael P. Lagnado - Counselor at Law
Success
Mr. Lagnado has a proven record of success. He has achieved beneficial results for his clients, via motion, trial, appeal and settlement, in all types of cases, from those with minimal amounts at stake to those with multi-million dollar liability exposure. He has handled hundreds of cases and participated in dozens of trials in State and Federal Court. Below are a few highlights.
 
Verdicts
In Junelli v. NAB Construction Corp., Mr. Lagnado secured a defendant's verdict on behalf of NAB, a construction general contractor, in the U. S. District Court for the Eastern District of New York, before U. S. District Judge Leonard D. Wexler. The plaintiff, a bricklayer, had allegedly sustained severe injuries to his back, requiring surgery, in a construction accident. The plaintiff claimed that he had been forced to jump off a scaffold, in order to avoid hot sparks emanating from a welding operation performed by steel workers above his head. After one hour of deliberation, the jury found that the defendant was not negligent and did not violate Labor Law §§200 or 240 (the "Scaffold Law").
 
In Brown v. Young, Mr. Lagnado secured a defendants' verdict on behalf of a trucking company and its driver, in the New York State Supreme Court, Bronx County, before Justice Frank Diaz. The two plaintiffs had allegedly sustained serious head, neck, back and knee injuries, when the automobile in which they were traveling was struck in the rear by the defendant's 18-wheel tractor-trailer. The jury found that the defendants were not negligent. 
 
In Blandon v. Advanced Contracting Co., Mr. Lagnado secured a verdict on behalf of KNR Inc., a demolition subcontractor, limiting its liability to 25%, in the New York State Supreme Court, New York County, before Justice Edward Greenfield. The plaintiff, a 41 year-old building maintenance foreman, had sustained severe injuries, including spinal and ankle fractures, requiring multiple surgeries. He alleged that he had fallen twenty feet through a hole that had been left in the floor after a staircase had been removed and left unprotected by KNR. The jury imposed the majority of liability against the building owner, plaintiff's employer. On appeal, all claims against KNR were dismissed.
 
In Rojas v. New York Yankees Partnership, Mr. Lagnado secured a defendant's verdict on behalf of the New York Yankees, in the New York State Supreme Court, Bronx County, before Justice Kenneth L. Thompson, Jr. The plaintiff, a 36 year-old police officer, had allegedly sustained serious injuries to his back, requiring spinal fusion surgery. He claimed that he had slipped and fallen in water that had collected underneath an air conditioner in the police locker room at Yankee Stadium. After two hours of deliberation, the jury determined that the defendant was not negligent. 
 
In Lanoce v. Kempton, Mr. Lagnado secured a defendant's verdict on behalf of Temco Building Maintenance Company, a building maintenance contractor, responsible for snow and ice removal, in the New York State Supreme Court, Suffolk County, before Justice Ralph F. Costello. The plaintiff had allegedly sustained a severe leg fracture when he slipped and fell on ice in the parking lot of a bank. The jury found that Temco was not at fault for the plaintiff's alleged injuries, and did not owe contractual indemnification to the bank. The judgment entered upon the verdict was affirmed on appeal by New York’s Supreme Court, Appellate Division, Second Department. 8 A.D.3d 449, 779 N.Y.S.2d 100 (2d Dept. 2004 ).
 
In Cruz v. Kool Ice, Mr. Lagnado secured a defendant's verdict on behalf of a transportation company, in the New York State Supreme Court, New York County, before Justice Louis B. York. The plaintiff had allegedly sustained a severe leg fracture, requiring multiple surgeries, when he slipped on grease on the floor of the trailer of a truck he was unloading. After one hour of deliberation, the jury determined that the defendant was not negligent.
 
Appeals
In Iacovangelo v. Shepherd, the New York Court of Appeals ruled in favor of Mr. Lagnado’s clients, a trucking company and its driver. The State’s highest court unanimously affirmed the dismissal of the complaint of the administrator of the estate of a decedent pedestrian, who had been struck by the defendant’s tractor trailer, suffering injuries which resulted in his death. 5 N.Y.3d 184, 800 N.Y.S.2d 116 (2005). The Court held that the out of state defendants had not waived their defense of lack of personal jurisdiction by waiting to raise the defense until service of their answer to plaintiff’s amended complaint.
 
In DiPilato v. H. Park Central Hotel, LLC, New York’s Supreme Court, Appellate Division, First Department, unanimously affirmed the dismissal of plaintiff’s New York Labor Law §240 claims against Mr. Lagnado’s client, an elevator maintenance contractor. 17 A.D.3d 191, 795 N.Y.S.2d 518 (1st Dept. 2005 ). The plaintiff, a construction worker, had been injured in an elevator accident in a hotel under renovation. The court held that the statute did not apply because the elevator was not “an inadequate protective device designed to shield the injured worker from harm directly flowing from the application of the force of gravity to an object or person.” Id. at 192.
 
 
In Lanoce v. Kempton, New York’s Supreme Court, Appellate Division, Second Department, unanimously affirmed the judgment entered upon the defendant’s verdict secured by Mr. Lagnado on behalf of Temco Building Maintenance Company, in New York’s Supreme Court, Suffolk County. The Court affirmed that Temco, the building maintenance contractor responsible for snow and ice removal, was not liable for the injuries sustained by the plaintiff when he slipped and fell on snow and ice in the parking lot of a bank. Furthermore, Temco did not owe contractual indemnification to the bank. 8 A.D.3d 449, 779 N.Y.S.2d 100 (2d Dept. 2004 ).
 
In Pacific Indemnity Company v. Golden, the United States Court of Appeals for the Second Circuit, reversed the order of the U. S. District Court for the District of Connecticut, which had granted summary judgment in favor of an insurer against its insured, represented by Mr. Lagnado, and denied the motion made on behalf of the insured to strike the insurer’s claim alleging material misrepresentation of fact. 985 F.2d 51 (2d Cir. 1993).
 
In Conway v. Brooklyn Union Gas Company, New York’s Supreme Court, Appellate Division, Second Department, unanimously affirmed the award of partial summary judgment which had been granted in favor of Mr. Lagnado’s clients, Brooklyn Union Gas Company and its subsidiary, Gas Energy Inc., in the New York State Supreme Court, Kings County. 189 A.D.2d 851, 592 N.Y.S.2d 782 (2d Dept. 1993 ). The appellate court dismissed the plaintiff’s claim for severe emotional distress and struck plaintiff’s claim for punitive damages against the defendants. Plaintiff had alleged that the defendants had disturbed asbestos while installing a new gas heating and hot water system in plaintiff’s home and refused to clean up the asbestos.
 
In Roosevelt Savings Bank v. AVR Realty Corp., New York’s Supreme Court, Appellate Division, Second Department, unanimously affirmed the denial of a summary judgment motion made against Mr. Lagnado’s client, Roosevelt Savings Bank, in the New York State Supreme Court, Kings County. 153 A.D.2d 616, 544 N.Y.S.2d 650 (2d Dept. 1989 ). The bank sought to recover damages against the defendants for breaching the covenant in a mortgage which required the defendants' to notify the bank of the sale of the mortgaged property.
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