Hogan and Cassell LLP Hogan & Cassell, LLP
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Cases of Interest
  • In a personal injury action under General Obligations Law Section 205(e), the Firm secured a $450,000.00 settlement for a Police Officer who was injured when he responded to a call for a home invasion at a building located in the Bronx, New York. The officer was injured when he fell from a fire escape that had a large quantity of debris on it and the where ladder to the fire escape was locked. The client sustained injuries to his head, wrist, back and shoulder. Under General Obligations Law Section 205(e), a police officer or fireman injured in the line of duty can collect from the land owner for any injuries he/she sustains on the premises, where the injury stems from a violation of the applicable Building Code.

  • In CoxCom, Inc. d/b/a Cox Communications New England v. Chaffee, 536 F.3d 101 (1st Cir. Aug. 4, 2008), the Firm, on behalf of CoxCom, Inc., successfully defended an appeal of a summary judgment decision in favor of CoxCom, Inc. holding that Chaffee had violated the Communications Act and the Digital Millennium Copyright Act. The Firm also represented CoxCom, Inc. in the underlying action, where it successfully obtained summary judgment against Chaffee and in a subsequent Bankruptcy proceeding, where it prevented Chaffee from discharging CoxCom’s judgment.

  • In Leo v. Spotted Zebra, Inc., 2011 N.J. Super. Unpub. LEXIS 1022 (N.J. App. Div. Apr. 27, 2011), the Firm successfully appealed the trial court’s decision holding the Firm’s client liable under a guaranty in an amount in excess of $215,000. The New Jersey Appellate Division held that the guaranty was not enforceable against the Firm’s client, therefore vacating the judgment that had been entered against the client in its entirety.

  • In Roman v. Brooklyn Navy Yard, 63 A.D.3d 1136 (2d Dep’t 2009), the Firm successfully defended an appeal of a personal injury verdict wherein the defendants sought to either vacate the jury award or reduce the jury award.

  • In Sabeti v. Aminpour, 59 A.D.3d 422 (2d Dep’t 2009), the Firm successfully appealed a default judgment that had been entered against the Firm’s client in an amount in excess of $750,000 based upon claims of defamation. The Second Department held that the final judgment should be vacated.

  • In Perini v. Sabatelli, 52 A.D.3d 588 (2d Dep’t 2008), the Firm successfully appealed a decision of the lower court that dismissed the Firm’s client’s claims of breach of contract on summary judgment. The Second Department held that there was a question of fact as to the applicability of the defendant’s statute of frauds defense and remanded the matter to the lower court. The Firm eventually obtained a very favorable settlement for the client on the eve of trial.

  • In Vukovich v.1345 Fee, LLC, 61 A.D.3d 533, 878 N.Y.S.2d 15 (1st Dep’t 2009), the Firm assisted in an appeal resulting in a granting to the plaintiff, who was severely injured while working, summary judgment as to liability on his claim pursuant to Labor Law § 240(1).

  • In STAR Tax v. Ferriolo, 27 Misc. 3d 9, 898 N.Y.S.2d 759 (2d Dep’t 2010), the Firm successfully obtained a reversal of the lower court’s decision that had dismissed the Firm’s client’s claims for breach of contract.

  • The Firm also has extensive experience assisting other attorneys with legal matters such as commencing adversarial proceedings in Bankruptcy Court and personal injury matters. For example, in McLeod v. City of New York, 22 Misc. 3d 1140A, 881 N.Y.S.2d 364 (Kings County 2009), the Firm assisted another attorney in obtaining summary judgment on the plaintiff’s Labor Law claims and in In re Platform Taxi Service, 09-47404-JF (E.D.N.Y.) the Firm assisted another law firm in obtaining a dismissal of the bankruptcy proceeding so that the other firm’s client could execute on his judgment against the debtor.