Partner Nicholas Cardascia Secures Appellate Victory in Premises Liability Action

Partner Nicholas Cardascia successfully obtained an appellate victory affirming summary judgment in favor of the firm’s supermarket client in a premises liability action. The plaintiff alleged that he was injured when two-liter soda bottles fell from a display while he was shopping at a supermarket in Brooklyn. Nick successfully demonstrated that there was no evidence establishing what caused the bottles to fall or that the firm’s client created or had notice of an allegedly dangerous condition.

In opposition, the plaintiff argued that the display was too high and submitted an expert affidavit in support of his claim. However, the expert had not visited the supermarket and did not identify any applicable industry standard that the display violated.

The Appellate Division affirmed the lower court’s decision granting summary judgment in favor of the firm’s supermarket client, dismissing the plaintiff’s claims against the client.

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 LLP

Cullen and Dykman LLP is a full-service law firm that clients have trusted to deliver top-tier, cost-effective legal services since 1850. With nearly 200 attorneys in eight offices, the firm serves clients across the Eastern United States and is strategically positioned to meet their changing needs and demands.