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Nicholas Cardascia and John Cosgrove Obtained Summary Judgment Dismissing Plaintiff’s Complaint Against the Firm’s Real Estate Client

April 5, 2024

Partner Nicholas Cardascia and associate John Cosgrove in the firm’s General Liability, Tort and Insurance Defense department, successfully obtained summary judgment dismissing the plaintiff’s complaint against the firm's client, a national real estate owner/manager. 

The plaintiff claimed that she fell because of a defect in the public sidewalk adjacent to a property owned and managed by our client in New York City. Through expert testimony and photographs, we were able to establish a two-prong defense: (1) that the alleged defect was an expansion plate cover owned by Metro North and that our client had no duty to maintain or repair that cover pursuant to New York City regulations, and (2) even if our client had an obligation to repair any defect in that cover because of its location on the sidewalk adjacent to our client’s property, that any such defect was de minimus and not actionable as a matter of law.

About Cullen and Dykman’s General Liability, Tort and Insurance Defense Department

Our litigation attorneys represent individuals and corporations in general liability, tort and insurance defense matters ranging from personal injury and insurance coverage disputes to large-scale commercial litigation. Clients frequently engage our litigators to act as trial counsel in high-exposure cases, and we have extensive experience in appellate litigation involving liability and insurance matters.

About Cullen and Dykman

Cullen and Dykman ( has been providing legal services to institutional clients since 1850. The firm represents a wide range of clients, including banks and other financial institutions, energy, telecommunications and water companies, construction companies, insurers, educational institutions, religious organizations, and not-for-profits. With over 190 attorneys in seven offices located throughout the Northeast and Mid Atlantic regions, Cullen and Dykman is strategically positioned to meet the changing needs and demands of our clients.

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