Kelley Kronenberg Partner and Business Unit Leader, Scott D. Kagan, and Practice Partner, Celia J. Morel, secured complete dismissal of a multi-count complaint in the Supreme Court of the State of New York, Bronx County, before Justice Fidel E. Gomez, on behalf of a claims company and two of its agents. 

The pro se plaintiff filed suit following a December 2024 automobile accident, alleging the defendants mishandled her insurance claim. She asserted four causes of action: breach of contract, unfair claim handling in violation of New York Insurance Law Section 2601, deceptive business practices under New York General Business Law Section 349, and discrimination under the New York City Human Rights Law. Her combined demand exceeded $1.6 million, including $275,000.00 in compensatory damages, $825,000.00 in punitive damages, $150,000.00 for discrimination, $100,000.00 for emotional distress, and $250,000.00 for violations of the City Human Rights Law. 

The path to dismissal was complex. The plaintiff was unrepresented, aggressive in her communications, and actively pursuing a default judgment while Scott worked in good faith to establish proper service and explore resolution. With disciplined focus, Scott and Celia maintained thorough documentation of every communication and procedural step. From that foundation, they crafted a cross-motion challenging the Court’s personal jurisdiction over the defendants. 

Their calculated and aggressive strategy was successful.  Justice Gomez denied the plaintiff’s motion for default judgment and granted the defense cross-motion in its entirety pursuant to CPLR Sections 3211(a)(8) and 3012(b), dismissing the complaint and eliminating over $1.6 million in potential exposure for the firm’s clients. From start to finish, Scott and Celia handled a difficult situation with professionalism and precision, and the outcome reflects it. 

 

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