Kenneth A. McLellan |

Biography

Kenneth A. McLellan is a partner at Winget, Spadafora & Schwartzberg, LLP, working in our New York and New Jersey offices. Ken joined the firm in 2005. Ken has over 20 years of experience, with broad-based experience in professional liability and personal injury defense, with many years having been devoted to construction Litigation. Ken has defended design professionals in many different scenarios including personal injury due to alleged design defects, delay claims, property damage due to alleged defective design and damages related to alleged surveying errors.

Ken’s experience ranges from representing large, internationally renowned design firms working on public projects for municipalities such as the City of New York, to solo practitioner architects preparing designs for renovations of high-end apartments and everything in between. Ken’s experience with representing design and construction professionals began over 20 years ago, when he represented utilities such as Verizon and the Long Island Lighting Company (“LILCO”) now known as PSE&G Long Island. Through that work he gained experience in construction methodology, cost estimation, interpreting design drawings of structures, electrical equipment and communication equipment, indemnification issues and design defect claims. He applies that experience in his current practice in significant claims against design firms for damages based on claimed design defects, and based on claims for damages under New York’s Scaffold Law, Labor Law Sections 240(1) and 241(6). Ken has authored several articles on construction related issues, and speaks regularly at industry events.

Representative Decisions

Hryn v. Roberts Talkin and Muccigrosso, 502264/2014 (Sup. Ct. Kings Co., 2017) (Summary Judgment Granted)
Boykin v. 1 Prospect Park ALF, LLC, 993 F. Supp. 2d 264, 2014 U.S. Dist. LEXIS 8520, 2014 WL 265764 (EDNY 2014) (Summary Judgment Granted, Class Certification Denied)
Miness v. Michael B. Schulman, PC, 4111/2012 (Sup. Ct., Suffolk Co. 2014). (Motion to Dismiss Granted)
Board of Mgrs. of the 129 Lafayette St. Condominium v. 129 Lafayette St. LLC, 2013 N.Y. Misc. LEXIS 4388, 2013 NY Slip Op 32332(U) (Sup. Ct. NY County 2013). (Summary Judgment Granted)
Temperino v. DRA, Inc., 75 A.D.3d 543, 904 N.Y.S.2d 767, 2010 N.Y. App. Div. LEXIS 6182, 2010 NY Slip Op 6084 (2nd Dept 2010). (Lower Court Reversed, Summary Judgment Granted on Appeal)
Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 602 F.3d 57, 2010 U.S. App. LEXIS 7141, 94 U.S.P.Q.2D (BNA) 1354, Copy. L. Rep. (CCH) P29,903 (2nd Cir. 2010). (Granting of Motion to Dismiss Affirmed in a case of First Impression)

Alerts

“All-Remote Win for the Defense on a Motion to Dismiss,” WSSLLP Alert, October 22, 2020
“A Tough Ladder Case for the Defense in the Hamptons,” WSSLLP Alert, March 25, 2019
“Common Law Indemnity – The Basics,” WSSLLP Alert, March 12, 2019
“When Concrete Form Work Doesn’t Work Right,” WSSLLP Alert, February 8, 2019
“Slam Dunk for the Defense,” WSSLLP Alert, January 30, 2019

Seminars

Proactive Loss Prevention & Safety Approaches, eServices 2019 Risk Management Summit, June 7, 2019
Co-Chair & Speaker, Construction Defect, Claims & Litigation Strategies ExecuSummit (2016-2019)

Publications

“Risk Management in the Era of COVID-19,” The CLM Magazine, September 2020
“Defending Pro Se Malpractice Claims Against Attorneys,” DRI Professional Liability Committee Newsletter, April 2020
“House of Cards,” The CLM Construction Claims Magazine, Summer 2016 (Inaugural Issue)
“You Are What You Tweet: Social Media and the Litigation Privilege,” PLUS Journal, May 2015
“No Need to Read the Fine Print,” Agents of America, February 8, 2013

Kenneth A. McLellan