Legal Analysis
Wilson Elser’s Punitive Damages Review 2023 50-State Survey
October 24, 2023
An accomplished trial attorney, Nick Caiazzo represents a full range of national companies involved in construction, traffic control maintenance, crisis response, contract disputes, contractor service, property maintenance and demolition. His representation involves complex cases alleging negligence, safety violations and dangerous conditions resulting from fatalities and serious personal injuries and property damage. Nick has assembled a team that defends matters related to construction, roadways, commercial and residential building services, ownership, operation, management and security of every conceivable type of premises.
Nick honed his trial skills as an assistant district attorney in the Kings County District Attorney’s Office, where he prosecuted high-profile cases ranging from homicide and sexual assaults to economic crimes and arson. At Wilson Elser Nick uses his vast experience as a former prosecutor in the defense of civil litigation matters. His professional background provides invaluable experience in representing his clients.
The growth of his representation over the years in defending the real estate and construction industries has allowed Nick to develop a particular proficiency in defending high-valued cases, ranging from fatal accidents involving workers at job sites and passengers in vehicles to working closely with his clients in dealing with all levels of government enforcement agencies. Nick’s representation extends to transportation companies responsible for the removal and hauling of construction debris, waste and recycling from premises and construction sites. He is a member of the Building Owners & Managers Association (BOMA NY) and has participated on its Codes & Regulations/Government Affairs Committee.
In the role of full-service designated counsel accommodating companies locally and nationally, Nick and his team defend claims in the interrelated areas of construction liability, roadway liability, elevator liability, security liability, premises liability, general causality and property damage subrogation cases on behalf of property owners, real estate management companies, construction companies, service contractors and building managers. His approach to collaborating with his clients allows Nick to become familiar with the people, policies, procedures and paperwork of client organizations to form a deep understanding of their legal needs. He provides personalized service to each client to develop risk management and crisis response programs and initiate processes to mitigate the impact of claims on insurance costs.
Nationally, Nick works closely with the firm’s regional attorneys across the country to provide consistent and uniform representation to clients that operate in multiple jurisdictions. Nick's advice and guidance is sought by colleagues throughout the firm and his approach to representation has developed into best practice standards.
Distinguished Service & Recognition
Nick has been publicly recognized for his commitment to giving back to the community, providing legal counsel and serving as a board member for a number of nonprofit organizations. He is passionate about his heritage and the immigrant experience. Nick is a recipient of the 2015 Ellis Island Medal of Honor in recognition of his leadership in the legal profession and his mission to share his knowledge in fostering the values of the American way of life through diversity, tolerance, respect and understanding among religious and ethnic groups.
Nick serves on the board of directors of Cristo Rey High School in Brooklyn, which is part of a national network of Catholic college preparatory schools serving students in disadvantaged neighborhoods. He received the Marco Polo Humanitarian Award for his work with Hamilton Madison House, which assists immigrants with citizenship, employment, child and elder care, medical care and other social services. Deeply passionate about his own heritage, Nick serves on the board of directors and as regional vice president of the National Italian American Foundation, which awards grants and scholarships to qualified students.
Premises Liability Counsel
Nick represents property owners and managers as well as contractors and subcontractors for services such as elevators, fire prevention, plumbing, electrical work, maintenance services, waste removal, window washing, security guards, and a variety of other parties associated with the life cycle of premises of every kind.
Construction/Roadway
Litigates complex personal injury and wrongful death cases alleging violation of New York Labor Law and industrial codes, failure to provide a safe workplace/roadway construction and the creation of defective or dangerous conditions. His practice also encompasses contractual disputes as well as contract drafting and review.
Elevator Liability
Extensive experience with elevator liability claims, including those involving misleveling, entrapment, sudden drops and accelerations, door closures and other such incidents.
Premises Security
Developed a particular concentration defending premises security claims such as false arrest, excessive force and assault as well as negligent hiring, retention and training.
Transportation/Trucking
In-depth experience defending claims associated with trucking, waste management/removal and hauling. His practice in this area extends to accidents involving fatalities. In the event of a catastrophic incident, Nick’s team provides a fast, well-coordinated response as part of the firms’ sophisticated crisis management practice.
An accomplished trial attorney, Nick Caiazzo represents a full range of national companies involved in construction, traffic control maintenance, crisis response, contract disputes, contractor service, property maintenance and demolition. His representation involves complex cases alleging negligence, safety violations and dangerous conditions resulting from fatalities and serious personal injuries and property damage. Nick has assembled a team that defends matters related to construction, roadways, commercial and residential building services, ownership, operation, management and security of every conceivable type of premises.
Nick honed his trial skills as an assistant district attorney in the Kings County District Attorney’s Office, where he prosecuted high-profile cases ranging from homicide and sexual assaults to economic crimes and arson. At Wilson Elser Nick uses his vast experience as a former prosecutor in the defense of civil litigation matters. His professional background provides invaluable experience in representing his clients.
The growth of his representation over the years in defending the real estate and construction industries has allowed Nick to develop a particular proficiency in defending high-valued cases, ranging from fatal accidents involving workers at job sites and passengers in vehicles to working closely with his clients in dealing with all levels of government enforcement agencies. Nick’s representation extends to transportation companies responsible for the removal and hauling of construction debris, waste and recycling from premises and construction sites. He is a member of the Building Owners & Managers Association (BOMA NY) and has participated on its Codes & Regulations/Government Affairs Committee.
In the role of full-service designated counsel accommodating companies locally and nationally, Nick and his team defend claims in the interrelated areas of construction liability, roadway liability, elevator liability, security liability, premises liability, general causality and property damage subrogation cases on behalf of property owners, real estate management companies, construction companies, service contractors and building managers. His approach to collaborating with his clients allows Nick to become familiar with the people, policies, procedures and paperwork of client organizations to form a deep understanding of their legal needs. He provides personalized service to each client to develop risk management and crisis response programs and initiate processes to mitigate the impact of claims on insurance costs.
Nationally, Nick works closely with the firm’s regional attorneys across the country to provide consistent and uniform representation to clients that operate in multiple jurisdictions. Nick's advice and guidance is sought by colleagues throughout the firm and his approach to representation has developed into best practice standards.
Distinguished Service & Recognition
Nick has been publicly recognized for his commitment to giving back to the community, providing legal counsel and serving as a board member for a number of nonprofit organizations. He is passionate about his heritage and the immigrant experience. Nick is a recipient of the 2015 Ellis Island Medal of Honor in recognition of his leadership in the legal profession and his mission to share his knowledge in fostering the values of the American way of life through diversity, tolerance, respect and understanding among religious and ethnic groups.
Nick serves on the board of directors of Cristo Rey High School in Brooklyn, which is part of a national network of Catholic college preparatory schools serving students in disadvantaged neighborhoods. He received the Marco Polo Humanitarian Award for his work with Hamilton Madison House, which assists immigrants with citizenship, employment, child and elder care, medical care and other social services. Deeply passionate about his own heritage, Nick serves on the board of directors and as regional vice president of the National Italian American Foundation, which awards grants and scholarships to qualified students.
James Burke (Partner-White Plains, NY) and second-chair Bryan O’Keefe (Associate-New York, NY), with daily in-court assist by Nicholas Caiazzo (Partner-New York, NY), tried a damages-only case with a $25 million demand in Supreme Court, New York County. The plaintiff, a 47-year-old construction laborer claimed he was injured on a job site by a 6,000-pound pallet jack when its brakes failed and allegedly pinned him and causing a “crush” injury to his left great toe, requiring three surgeries that included failed hardware, and a multiple-level lumbar spine injury. He was awarded Labor Law 240(1) summary judgment and claimed an economic loss of $4 million and had a vocationalist testify he was unemployable. Jim, Bryan and Nick obtained excellent surveillance that showed the plaintiff acting for a three-year period completely inconsistently with his claims, and got the vocationalist to admit that in 30 years she could not recall the last time she ever helped a person get a job. They got plaintiff’s pain management doctor to admit that he did not know how to read an EMG/NCV test, and the podiatric surgeon to admit that he did not know anything about work-life disability for anything that was above the level of the knee. Our last offer to the plaintiff prior to the case going to the jury was $1.5 million, which the judge recommended, but by insisting on a verdict instead of a more modest payment that would have included a lien reduction, likely nets five figures. The jury returned a verdict for total damages at only $960,000. Moreover, since the plaintiff elected to take a verdict, he must pay a full $455,000 back to Workers’ Comp.
James F. Burke and Cav. Nicholas R. Caiazzo