Joseph C. Fegan, Esq.

Of Counsel

212-482-0001 x169

jfegan@russotoner.com

Joseph is an experienced trial and appellate attorney specializing in the defense of personal injury and property damage claims in cases arising out of premises liability, construction site accidents and fires and explosions.

Education:

  • 1975 J.D., St. John's Law School of Law 

  • 1972 B.A.,  Literature, St. John's University

Experience:

  • Practicing Attorney for over 42 years. 

  • Has tried over 100 jury trial cases to verdict. 

  • Has briefed and argued over 60 appeals.

  • Began career as staff counsel with Liberty Mutual, later became partner and Litigation Department Head at Cullen & Dykman. 

Admissions:

  • New York State Bar 

  • United States District Courts, Southern and Eastern Districts

  • District of New York

Memberships:

  • Brooklyn Bar Association

  • Suffolk County Bar Association

  • New York Claims Association (former member)

Speaking Engagements:

  • Lectured on defense cases involving fires and explosions, construction accidents, trial practice and premises liability for the New York Claims Association, the New York Claim Managers Association, The New York State Bar Association and The Brooklyn Women's Bar Association. 

 

Reported Decisions:

  • Brooklyn Union Gas v. Interboro Asphalt , 303 A.D.2d (App. Div. 2nd Dept. 2002) (issues of contractual indemnification and additional insured coverage arising out of gas explosion)

  • Dejesus v. New York City Housing Authority, 29 A.D.3d 407, 1st Dept. 2006.  (issue of assumption of risk arising out of bicycle accident)

  • Elbaz v. New York Housing Authority, 139 A.D.3d 659 (2nd Dept., 2016) (grant of summary judgment in favor of defendants in slip and fall accident on staircase)

  • Clarke v. Brooklyn Union Gas Co., 297 A.D.2d 779 (2nd Dept., 2002) (grant of summary judgment in favor of gas company arising out of a gas explosion). 

  • Abreu v. New York City Housing Authority, 104 A.D. 3d 522 (1st Dept., 2013) (grant summary judgement in favor of defendant arising out of elevator accident due to lack of proximate cause)

  • Dominquez v. Lafayette-Boynton Housing Corp., 240 A.D.2d 130 (1st Dept., 1997) (question of whether the effects of gravity caused scaffold accident within the meaning of Labor Law 240)

  • Yellitz v. Brooklyn Union Gas, 242 A.D.2d 270 (2nd Dept, 1997) (defense verdict in Labor Law 240 case)

  • Zayas v. New York CIty Housing Authority, 115 A.D.3d 485 (1st Dept., 2014) (grant of summary judgment in a case arising out of snow and ice accident due to the absence of proximate cause)

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