Attorney Profile

Anthony D. Capasso
Partner
TEL: (973) 239-5700 | FAX: (973) 239-3400 | ACapasso@oslaw.com     PDF | VCARD


Anthony D. Capasso concentrates his practice on general liability defense and complex commercial litigation, largely focusing on construction defect litigation, construction site accidents (personal injury and property damage) and construction contract law. Mr. Capasso specializes in the defense of commercial construction companies, governmental entities, property owners, contractors, design and other professionals. He has handled a number of high profile matters, including numerous multi-million dollar claims asserted by and against clients on major construction projects. His practice, though litigation oriented, involves extensive claims analysis and investigation and includes negotiation, mediation and other informal methods of dispute resolution.

Additionally, Mr. Capasso maintains a transactional practice focused on the representation of closely-held businesses and entrepreneurs, and regularly serves as outside general counsel to his clients and advises them on strategic planning and general legal matters.

In addition, Mr. Capasso was appointed to the New Jersey State Bar Association committees on Civil Trial Practice and Insurance Defense. He lectures on a myriad of litigation topics including civil practice, contractual indemnification and attorney ethics.

The above illustrations are merely representative of matters or issues handled by Mr. Capasso. He has represented numerous contractors, owners and others requiring expertise in complex commercial contracts and disputes.


Notable Representations

  • Defense of claim by 23 year old quadriplegic who was struck on the head by concrete that fell from underside of trestle. Obtained dismissal of roadway/bridge renovation contractor before depositions by establishing that NY Labor Law did not apply. Sustainable verdict value of suit is in excess of $25 million
  • Defense of contractor in suit alleging breach of contract and negligence causing $37 million in settlement damages. Trimmed damages in half by moving to bar most claims as beyond the statute of limitations
  • Obtained no cause on behalf of general contractor in Ocean County trial by injured plumber with multiple spinal fusion surgeries. Obtained de bene esse testimony on the eve of trial by two of Plaintiff’s co-workers which undermined Plaintiff’s version of events and caused Plaintiff to impeach himself at trial
  • Obtained favorable settlement on behalf of fire protection contractor in Goya warehouse fire suit
  • Obtained favorable settlement on behalf of general contractor employer in Laidlow suit
  • Successful Second Department Appeal of summary judgment denial where client’s work was not a proximate cause of Plaintiff’s accident, but merely furnished the occasion for some of his injuries
  • Successful First Department Appeal of summary judgment denial where construction form was not complete, and therefore not a “form” under the industrial code

Honors & Awards

  • Selected to New York Metro Super Lawyers List*
  • Selected to New Jersey Super Lawyers Rising Stars List*
  • Selected to Phi Beta Kappa

* No aspect of this advertisement has been approved by the Supreme Court of New Jersey. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here.


Memberships & Affiliations

  • Phi Beta Kappa
  • New Jersey State Bar Association
  • Fellow of Construction Lawyers Society of America

Speaking Engagements

  • Anatomy of a Defect - Birth to Conclusion, National Construction Defect Conference, Perrin Conferences, November 2018
  • Ethical Challenges with Carrier-Insured Tri-Partite Relationship, Food & Beverage Litigation Conference, Perrin Conferences, October 2016
  • Hot Topics in Civil Litigation – Litigating Construction Site Accidents in New York and New Jersey, NJSBA Annual Meeting and Convention, 2015
  • Facts are Stubborn Things: Construction Defect Coverage Update, Emerging Insurance Coverage & Allocation Issues Conference, Perrin Conferences, May 2015
  • Hot Topics in Insurance Defense – Contractual Indemnification, NJSBA Annual Meeting and Convention, 2010

Practice Areas
Construction
Insurance & Reinsurance
Professional Liability

Admissions
  • State of New Jersey
  • State of New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Education
  • Seton Hall University School of Law (J.D.)
  • Rutgers University (B.A. in English with Highest Honors)