Kaitlyn Acerbo

Associate

Kaitlyn is an Associate in the firm's Insurance Defense Practice Group. She represents clients in construction site accidents, OSHA investigations, Labor Law violations, premises liability, wrongful death claims, and litigation brought under the Child Victims Act. She has obtained summary judgment dismissals on behalf of clients at both the motion and oral argument stages.

Kaitlyn also contributes to the field through legal scholarship. She co-authored "Sports and Recreational Activities – Game Over? Or, Let the Games Begin?", an examination of the assumption of the risk doctrine as applied to recreational sports and playground safety, which was selected for presentation at the 2019 Annual Torts, Insurance and Compensation Law Section Meeting.

Kaitlyn earned her Bachelor’s degree from SUNY Albany in 2009. In 2020, she graduated Cum Laude with her J.D. from Elisabeth Haub School of Law at Pace University.

Representative Matters:

• Obtained summary judgment dismissing a lawsuit against a scaffolding subcontractor in an action where a pedestrian alleged he tripped and fell over a sidewalk defect. The Court held that the Plaintiff could not identify the cause of his fall without resorting to speculation, relying on the evidence submitted, including two days of Plaintiff's deposition testimony, an ambulance call report, and Plaintiff's medical records. The Court found that these records contained varying accounts of the incident, that Plaintiff could not establish the cause of his accident without speculation, and that he failed to raise a triable issue of fact in opposition.
• Represented a landowner and obtained summary judgment in Nassau County in a premises liability action where the Plaintiff alleged that a door swung shut too quickly, struck her in the back, and caused her to fall, resulting in injuries that required arthroscopic surgery. Following oral argument, the Court found that we had established, through party deposition testimony, affidavits, and prior complaint logs, that there was no evidence the door was dangerous or defective, and that Plaintiff's expert failed to raise a triable issue of fact in opposition. The Court further noted that Plaintiff could not provide evidence that she had reported any problem with the door before the accident.
• Obtained summary judgment dismissing a lawsuit against a construction manager in an action where a bicyclist alleged he struck a defect in the roadway and fell from his bicycle. The Court found that we had established, through photographs exchanged in discovery and Plaintiff's sworn statements, that the construction manager owed no duty to Plaintiff because it did not control or have special use of the area where the accident occurred, nor did it create the roadway condition.