Konstantinos Kapatos

Full Profile

Konstantinos (Gus) Kapatos focuses his practice on civil litigation, general liability, premises liability, construction, New York State Labor Law, motor vehicle, and hospitality matters. Gus has extensive experience representing and consulting contractors, and construction managers. He is well versed in NYS Labor Law, NYS Industrial Code, OSHA, and NYC Administrative Code.

Gus has also routinely represented corporate clients, property owners, property managers, businesses, and high-net-worth individuals in premises liability related matters.

As counsel, Gus has tried several cases to verdict and has more than a decade’s experience defending clients in a vast array of civil cases in both federal and state courts. He also has a background in defending management in labor and employment litigation including wage and hour disputes. In addition to his regular practice, he is knowledgable in cases of wrongful conviction. Gus has also served as trial counsel for a national Fortune 100 insurance company, where he handled its high-exposure bodily injury, auto, and premises liability cases.

Admissions

• New York
• US District Courts for the Eastern and Southern Districts of New York

Education

• J.D., Touro College Jacob D. Fuchsberg Law Center, 2011
• B.A., magna cum laude, Fordham University, 2008

Memberships

• New York State Bar Association
• Hellenic Lawyers Association
• Nassau County Bar Association

Experience

• Successfully awarded summary judgment on liability for the firm’s client, a prominent, well-known, and established New York real estate family and developer. Plaintiff claimed that he injured himself while working on the family’s large estate/horse farm in the Hamptons. Plaintiff was seeking USD 5 million in damages. After extensive discovery, argued the homeowner’s exemption. The court dismissed Plaintiff’s claim outright.
• In a negligence/labor law action, Plaintiff sought USD 3 million in damages from the firm’s client, a developer of single-family homes when Plaintiff alleged he sustained injuries when an unguarded chop saw struck his hand and partially severed plaintiff’s left index finger while he was performing construction on the client’s home in the Hamptons. Moved for summary judgment based on Labor Law 200, 241(6) and common law negligence. The Court granted all of the relief sought except for the branch of the motion where there was a clear issue of fact. Before the matter went forward for jury selection, Plaintiff settled for just around USD 120 thousand.
• Represented well-known plumbing and heating company after the defendant cemetery, which was abutting client’s property, began construction activities to erect a mausoleum in the vicinity of Plaintiff’s property causing substantial property damage. After negotiation during mediation, the matter was resolved at the price the client requested it secure to repair the damage caused by Plaintiff.
• Successfully represented client in a Summary Jury Trial in Brooklyn, NY, where Plaintiff claims to have sustained serious injuries resulting in a laminectomy. Plaintiff sought damages in the USD 700 thousand range. The jury returned a verdict of only USD 90 thousand.
• Represented a well-known HVAC company against a high-net-worth individual who claimed, among other things, breach of contract, and breach of express and implied warranties, when allegedly the installed equipment would not heat nor cool his five-story elaborately carved and historic mansion with a limestone façade once owned by a well-known Hollywood actress. Plaintiff was seeking USD 5 million in damages. At arbitration the parties agreed upon a payment plan and settlement of about USD 120,000 thousand.
• Co-tried with partner a FLSA Claim brought by two employees against a prominent NYC restaurant. The Plaintiffs had demanded over USD 200 thousand in damages and the resulting verdict was for a total of USD 18 thousand and that was solely for claims over which the client had no legal defense. Additionally, post-verdict, the statutory attorneys’ fees were reduced from the USD 112 thousand sought by Plaintiffs’ counsel to USD 63 thousand.