Kenneth B. Danielsen is a partner of the firm and serves as Co-Chair of the General Liability Defense Practice Group.
Mr. Danielsen concentrates his practice in the areas of maritime, general liability, product liability, construction accidents (Labor Law 240 and 241(6)), commercial, and construction litigation. He routinely handles cases of the highest exposure in many jurisdictions, including mass-casualty events, cases involving catastrophic injury and highly publicized incidents. Mr. Danielsen is frequently retained by excess insurance companies to oversee the defense of cases at the highest levels of exposure. He focuses primarily on significant matters involving serious personal injury and wrongful death.
Mr. Danielsen routinely partners with the firm’s attorneys throughout the country to assist in the defense of significant cases. Mr. Danielsen also focuses a considerable portion of his practice on appellate litigation and representing clients under investigation by state and federal agencies. In addition to his active litigation practice, Mr. Danielsen counsels several mid-sized business clients on general corporate, contract and intellectual property matters.
Mr. Danielsen is a graduate of the College of Arts and Sciences at New York University where he was a member of the school’s national runner-up ice hockey team. He earned his law degree from the Western New England University School of Law, where he received several awards and academic appointments.
- New York
- U.S. District Court
- Southern District of New York
- Eastern District of New York
- United States Court of Appeals
- Second Circuit
- Third Circuit
- Western New England University School of Law – J.D.
- New York University, College of Arts and Sciences – B.A.
- New York State Bar Association
- The Maritime Law Association of the United States, Associate Member
- Philip Walsh v. 333 Bronx River Tenants Corp., et al., 69318/2017 (Sup. Ct. Westchester Cty. 2020) – Successfully obtained grant of summary judgment, dismissing case involving double amputation and severe 3rd degree burns where the firm’s client, a CO-OP building owner, was alleged to have negligently maintained a boiler system within the building.
- Fox, et al. v. Mark, et al., 181 A.D.3d 560 (2d Dept. 2020) – Successfully defended, on Appeal, a Decision and Order granting summary judgment and dismissing claims asserted against our client, a home health aide, involving the alleged loss of the right of sepulcher and negligent infliction of emotional distress. Plaintiff’s claim was that our client failed to timely notify him of the death of his mother, which occurred after the home health aide had left for the evening. The following morning, the home health aide could not gain access to the apartment in which the decedent resided. The decedent was later discovered by plaintiff, when he went to investigate why his mother had not returned his phone calls earlier that day. We successfully established that no duty of care ran to the family members of the decedent to notify them of the death of the decedent, since our client did not have access to, or actual possession of the decedent’s body. The case presented a very narrow issue on liability extending to health care providers and the proper handling of a body after death. These issues are particularly timely in the wake of the COVID 19 Pandemic.
- GbForefront v. Forefront Management Group, LLC, et al., 888 F.3d 29 (3rd Cir. 2018) – Assisted partner Christopher Nucifora in obtaining a reversal and significant change to jurisdictional law in the 3rd Circuit.
- Kelly v. Mall at Smith Haven, LLC, 48 N.Y.S.3d 726 (2d Dept. 2017), Successful defense on appeal of decision dismissing case on summary judgment where construction contractor was off site at the time of injury and there was no evidence of contractor’s role in causing the condition that lead to plaintiff’s injury.
- Barron v. Eastern Athletic, Inc. 150 A.D.3d 654 (2d Dept. 2017), Successful defense on appeal of decision dismissing complaint where plaintiff could not establish that a transient dangerous condition existed for a sufficient time period to establish the element of notice.
- Sierra v. Ogden Cap Properties, LLC, 135 AD3d 654 (2d Dept. 2016), Successful defense on appeal of decision denying co-defendant’s motion for summary judgment.
- Seaport Inlet Marina LLC v. Connell et al, Index No. 2017cv01908 (Dist. of NJ 2018), Headed the environmental response and defense of all investigations into a large marina fire in South New Jersey. Served as co-lead counsel in successful federal court declaratory judgment action to limit liability of marina.
- Al Hannah v. Phoenix House Foundations, Inc., 705355/2013 (Sup. Ct. Queens Cty. 2016) – Motion for summary judgment granted, court determined that an alleged violation of an internal corporate protocol was not evidence of neglience and dismissed the case.
- Thomas Morash v. Hewlett Point Yacht Club Inc., et al., 606924/2015 (Sup. Ct. Nassau Cty. Commercial Div. 2016) -Successfully secured a motion to dismiss in a case involving property damage claims arising out of drifting boats that caused property damage in the wake of Hurricane Sandy.
- Bank v. Philips Elecs. N. Am. Corp., No. 14-CV-5312 JG VMS, 2015 WL 1650926 (E.D.N.Y. Apr. 14, 2015) – Motion to dismiss putative class action sounding in violation of Federal TCPA granted and case dismissed.
- Mildred Trapani v. Yonkers Racing Corporation, et al., 124 A.D.3d 628, 1 N.Y.S.3d 299 (2d Dept. 2015) – Supreme Court’s denial of summary judgment reversed and case dismissed.
- Joseph Robinson, et al. v. National Grid Energy, et al., Supreme Court, Suffolk County, Index No. 198-11, 2015 Slip Op. 30478 (2015) – Motion to dismiss Labor Law §§ 240 and 241 granted.
- Gloria Ramirez v. Lucille Roberts Health Clubs, 110 A.D.3d 975, 973 N.Y.S.2d 572 (2d Dept. 2013)
- Michal G. Chiechroski v. The City of New York, New York City Economic Development Corp. et al., Supreme Court, New York County, Index No. 100509/11 – Motion to dismiss granted.
- Andrew S v. Gristina, 97 A.D.3d 651 (2d Dept. 2012).
- Nasique Dayes v. Leake and Watts, Supreme Court, Bronx County, Index No. 350555/09 – Motion for summary judgment granted.
- Margaret Coaxum v. Torah M’ Sinai, Inc. and Rotavelle Elevator, Inc., Supreme Court, Kings County, Index No. 5443/09 – Motion for summary judgment granted.
- Jean Carlo Heredia v. Tolentine – Zeiser Community Life Center, Inc., Supreme Court, Bronx County, Index No. 350263/10 – Motion for summary judgment granted.
- CALI Academic Excellence Award (highest class average in federal pre-trial litigation)
- Finalist, Law School Intramural Moot Court Competition
- Law School Fellowship Recipient, Department of Biomedical Engineering