Devika Kapoor, Esq.
Devika is a powerhouse litigator and zealous advocate with a proven track record of success across a diverse range of legal disciplines - including labor law, construction, premises liability, property damage, subrogation, maritime law, insurance coverage, family law, real estate, and employment law. She consistently delivers results in even the most complex and high-stakes cases. Devika’s ability to navigate intricate legal challenges, coupled with her strategic approach and vigorous advocacy, has earned her a reputation as a trusted and dynamic champion for her client's interests.
Devika is dedicated to thorough investigation and meticulous preparation, ensuring every case is built on a strong foundation. She provides tailored legal solutions, combining creativity with a deep understanding of the law to address each client’s unique needs.
Devika brings extensive litigation experience to the table, having conducted hundreds of depositions—an essential component of successful case management. Her proficiency in conducting and defending depositions with skill has resulted in numerous favorable early resolutions and voluntary discontinuances, saving her clients and insurers significant time and costs. Devika has extensive trial and appellate experience in both New York and New Jersey, having tried several cases to verdict, successfully briefed and argued dispositive motions, motions in limine, and motions for directed verdicts. She is highly skilled in conducting compelling witness examinations, demonstrating her ability to navigate complex legal proceedings with precision and confidence.
Devika is experienced in analyzing complex contracts, including AIA construction contract documents, to identify and leverage risk transfer opportunities. Her diligence enables her to strategically assess contractual provisions and protect her clients' interests.
Her keen attention to detail and exceptional negotiation skills have consistently led to favorable settlements, both informally and through mediation or arbitration.
While practicing in Manhattan, Devika was actively involved with the New York County Lawyers Association, earning recognition for her dedication to pro bono service. She has provided critical legal counsel to individuals facing landlord/tenant, employment, and family law challenges, underscoring her passion for serving the community.
Currently, Devika is an active member of the Central New York Chapter of the Women’s Bar Association of the State of New York, where she chairs the Judicial Reception Committee. In this role, she fosters meaningful connections between Judges and women in the legal profession, supporting the advancement of women in law.
Outside of her professional accomplishments, Devika is a proud mother to two daughters, diligently instilling in them the essential values of perseverance, professionalism, kindness, and unwavering tenacity. Her dedication to excellence and integrity in both her personal and professional life defines her as a standout advocate and leader in the legal field.
-
Construction
Employment Litigation
Family Law/Divorce
General Liability
Insurance Coverage
Motor Vehicle Accidents
Non-Profit Organizations
Ocean/Marine and Complex Property Claims
Products Liability
Professional Liability
Real Estate Transactions/Commercial and Residential Real Estate Lease Negotiations
Subrogation
Transportation & Trucking
Wills
-
Brooklyn Law School, Juris Doctor, Certificate in Real Estate Law, 2012
Rutgers University, Bachelor of Science in Business Management, cum laude, 2008
-
New York
New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Western District of New York
U.S. District Court, District of New Jersey
Supreme Court of the United States
-
Selected to the New York Super Lawyers Rising Stars List from 2016 to 2023.
The New York Super Lawyers Rising Stars list recognizes no more than 2.5 percent of lawyers in the state. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Pro Bono Service Award (October 2017)
Awarded by the New York State Unified Court System, New York State Bar Association, and New York County Lawyers Association
-
Zagara v Suit-Kote Corporation, et al., Index No. E2022-182 (Sup. Ct., Sullivan County November 1, 2023):
Successfully briefed and argued a motion for summary judgment, leading to the dismissal of a personal injury case against Suit-Kote. The court agreed that Suit-Kote did not owe a duty of care under Espinal exceptions and did not create an unreasonable risk of harm. The defense expert's affidavit showed the dangerous condition developed over time, not due to Suit-Kote's actions.
Loudin v. Unither Manufacturing, et al., Index No.: E201900197 (Sup. Ct., Monroe County April 3, 2023):
Defended a contractor against claims of negligence and Labor Law § 200/240(1) related to a scissor lift fall. Through depositions highlighted key testimony that exonerated my client. Acknowledging the lack of evidence, all parties agreed to dismiss the claims, securing a victory.
Brongo v. Town of Greece, et al., Index No.: E2019008057 (Sup. Ct., Monroe Count August 21, 2023):
The plaintiffs alleged common law negligence and violations of Labor Law §§ 200, 240(1), and 241(6), against client, a construction equipment rental company, alleging that the client contributed to the hazardous conditions that caused the plaintiff's accident while filling a water truck. Arguments demonstrated that the client did not supervise the work or have knowledge of the dangerous condition. Consequently, all claims and cross-claims against the client were dismissed.
Dubois v. Carmen Barbato, Inc., et al., Index No.: EF2019-204 (Sup. Ct., Greene County November 22, 2022):
Served as second-chair trial counsel for a commercial rental company client. Prepared motions, pre-trial deposition testimony, and conducted local law analysis, assisting in securing a defense verdict.
Durden v. Hurwitz Fine P.C., et al., Index No. 806844/2022 (Sup. Ct., Erie County October 24, 2022):
Obtained voluntary dismissal for the client following a compelling motion to dismiss. Plaintiff alleged negligence and risk of identity theft. I successfully argued that Plaintiff failed to demonstrate injury or standing.
Barr v. Suit-Kote Corporation, et al., Index No. 85542 (Sup. Ct., Cattaraugus June 21, 2022):
Secured summary judgment dismissing Plaintiff's complaint in a personal injury case. Aligned with the arguments raised in briefing, the court applied the Espinal principles to determine that Suit-Kote did not owe a duty of care to the plaintiff because it did not create harm.
Audrey J. Grant v. The Westcott, Inc. d/b/a The Westcott Theater, et al., Index No.: 010329/2018, (Sup. Ct., Onondaga County January 28, 2022):
Successfully argued for summary judgment on behalf of Westcott Theater, achieving dismissal of plaintiff’s complaint regarding injuries from a slip/fall on an adjacent sidewalk. Key points:
(1) Liability for Snow and Ice Removal: The court found that the City of Syracuse Code (§ 24-3) did not clearly impose liability on abutting landowners for snow and ice removal.
(2) Special Use Doctrine: The marquee did not constitute a "special use" imposing liability on Westcott Theater.
(3) Lease Agreement: The lease specified structural items, including the marquee, were the responsibility of the owner-lessee, not the Westcott Theater.
These points led to summary judgment in favor of Westcott Theater, dismissing the complaint and all cross-claims
Coventry, et al. v. ASI Underwriters Insurance and United States Professional Tennis Association (USPTA), Docket No.: SOM-L-00314-20 (Superior Court of New Jersey Law Division: Somerset County May 8, 2020)
Plaintiff’s Declaratory Judgment – Motion to Dismiss Granted
I successfully briefed and argued a motion to dismiss for my client, USPTA, in a case where the plaintiff sought a declaratory judgment against ASI and USPTA for coverage related to an assault by a former Princeton Racquet Club employee.
The court granted the motion to dismiss due to:
· Failure to state a claim upon which relief could be granted
· Lack of standing, as plaintiffs did not have a judgment against the alleged assailant or enforceable rights against defendants
· Insufficient evidence, as plaintiffs did not provide necessary insurance policy information and failed to demonstrate USPTA as an insurance carrier
Sallie Mae, Inc. v. Joy Schulman, Index No. 002525/13 (Civil Court, City of NY December 2014):
I successfully tried and won a bench trial in New York County Civil Court, securing the dismissal of the complaint through a Motion for Directed Verdict at the close of the plaintiff’s evidence. Persuasive arguments, supported by facts extracted during the plaintiff's witness cross-examinations, were crucial in obtaining this result. These facts reinforced the legal arguments raised in the motion, including that the plaintiff failed to state a cause of action and lacked standing.
Duran v, The Salvation Army, Docket No.: L-7236-15 (Sup. Ct., Middlesex County):
I achieved a favorable settlement following a 14-day jury trial in the Superior Court of Middlesex County in a complex personal injury/employer liability matter. My comprehensive involvement included conducting effective jury selection, skillfully examining witnesses, briefing and arguing critical motions in limine, and conducting the direct examination of the plaintiff’s emergency room physician, whose pivotal testimony significantly contributed to the favorable outcome.
Bartlett v. DeFrancisco, Index No.: EFC-2020-0532 (Sup. Ct., Oswego County November 19, 2020):
Successfully briefed and argued pre-answer motion to dismiss plaintiff’s professional malpractice complaint. The Court granted summary judgment based on:
Statute of Limitations: The malpractice claim was time-barred under CPLR § 214(6), as it was filed after the three-year limit following the alleged malpractice on December 6, 2016.
Continuous Representation Doctrine: Plaintiff failed to show ongoing legal representation after December 6, 2016.
Alternative Arguments: Plaintiff's claims that the statute began later, either when workers' compensation benefits ended or when the carrier filed a request, were rejected.
Nunez v. Salvation Army, Index No. EF004912-2017 (Sup. Ct., Orange County September 1, 2020):
Secured summary judgment dismissal of plaintiff’s negligence claim on behalf of the Salvation Army, presented evidence and eyewitness accounts that contradicted the claim of a defect causing the fall. Testimony and expert analysis demonstrated compliance with safety standards. The lack of supporting evidence and speculative nature of the plaintiff's claims led to the dismissal.
Ober v. The Dormitory Authority of the State of New York, et al., Index No. 709273/2018 (Sup. Ct., Queens County September 21, 2020):
Secured summary judgment dismissal of Plaintiff’s premises liability action against all defendants.
Successfully argued that the plaintiff failed to serve and file a timely Notice of Claim; QSR did not own, operate, manage, inspect, or control the location of the incident, and QSR did not create the alleged hazardous condition nor had actual or constructive notice. The court found no triable issues in the plaintiff's opposition, resulting in the dismissal of the complaint and all cross-claims against DASNY and QSR.
Harvey v. Samaritan Daytop Village, Inc., et al., Index No.: 524965/2017 (Sup. Ct., Kings County November 8, 2019): successfully briefed and argued pre-answer motion to dismiss plaintiff’s personal injury case arising out of an assault
Blashka v. New York Hotel Trades Council & Hotel Assn. of N.Y. City Health Ctr., 126 A.D.3d 503 (1st Dept. 2015):
Secured reversal of the lower court’s decision and reinstated Dr. Blashka’s whistleblower retaliation claim. The court found that his reports about a dentist's alleged drinking while practicing were protected disclosures under Labor Law § 741, and there was a close temporal relationship between his reports and his termination, suggesting retaliation. Additionally, the court determined there were factual issues regarding whether the reasons for his termination were pretextual, warranting further examination of his complaint.
Travelers Insurance Company v. Towne Air Freight, Inc., et al., Docket No.: 11-CIV-1373 (DAB) (S.D.N.Y. May 2014)
Prepared dispositive motion arguing Towne Air Freight's strict liability for cargo destruction under the Carmack Amendment (49 U.S.C. § 14706). Towne Air failed the Hughes Test criteria, including issuing a bill of lading, offering liability levels, and obtaining the shipper's agreement. Unauthorized rerouting from Kansas City to Chicago breached the contract, voiding any limitation of liability. The brief secured a favorable settlement for the insurance carrier.
-
-
Central New York Chapter of the Women’s Bar Association of the State of New York, Co-Chair of Judicial Reception Committee
New York State Bar Association, Fifth Judicial District Representative
Women’s Bar Association of the State of New York, Co-Chair of the Torts Committee.
Claims Litigation Management (CLM), Member
-
Hindi