Kevin Spagnoli


Kevin Spagnoli is a partner in the New York office of Lewis Brisbois and a member of the Architects & Engineers, Complex Business & Commercial Litigation, and Construction Practices. His clients have included architects, engineers, contractors and developers, as well as several large, multinational architectural, engineering, and construction management entities. Kevin has a track record of successfully defending these individuals and entities in professional liability suits, and against claims alleging construction defect and delay damages.

In addition, Kevin has significant experience advising architects and engineers in contract fee and other pre-litigation disputes with the goal of avoiding litigation. Kevin has represented other professionals as well, including attorneys, accountants, and brokers, in high-exposure commercial matters.

Primary Area(s) of Practice

  • Architects & Engineers
  • Professional Liability
  • Complex Business & Commercial Litigation
  • Construction
  • COVID-19: Commercial & Contractual Litigation Disputes

Additional Experience


State of New York

State of New Jersey

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the District of New Jersey

Third Circuit Court of Appeals


Seton Hall University School of Law

Juris Doctor, 2000

Fordham University

Bachelor of Arts, 1993


  • Highland HC, LLC v. Scott, 113 A.D.3d 590, 978 N.Y.S.2d 302 (New York Appellate Division, 2nd Dep’t, January 8, 2014) (enforcing the client architect’s arbitration clause as contained in certain unsigned documents, which, the Court determined, demonstrated an agreement to arbitrate between the architect and owner)
  • Overland Leasing Group, L.L.C. v. First Financial Corporate Services, Inc., 436 Fed. Appx. 119 (U.S. Third Circuit Court of Appeals, July 7, 2011) (dismissing claims against the client accountant, where the plaintiff lessor alleged that it had detrimentally relied on intentional misrepresentations, by the accountant, of a lessee’s financial condition, and granting summary judgment in favor of the accountant based on the absence of privity under both New York and New Jersey law)
  • Warren v. Gelardi, 2008 WL 5412918, 2008 U.S. Dist. Lexis 109131 (U.S. District Court of New Jersey, December 23, 2008) (granting summary judgment to clients, dismissing a host of constitutional claims against the individual client and arresting police officer, and dismissing the entirety of plaintiff’s civil rights lawsuit against the municipal client)
  • Vaughn v. Leeds, Morelli & Brown, P.C., 2005 WL 1949468, 2005 U.S. Dist. Lexis 16792 (U.S. Southern District Court of New York, August 12, 2005) (compelling arbitration, for the benefit of the client attorney, under an arbitration clause contained in an agreement between other parties, under the common law theory of equitable estoppel)
  • Milbrandt & Co., Inc. v. Griffin, 1 A.D.3d 327, 766 N.Y.S.2d 588 (New York Appellate Division, 2nd Dep’t, November 3, 2003) (reversing the trial court’s grant of injunctive relief against the client broker, where the trial court had previously enjoined him from soliciting his former employer's clientele under a non-competition agreement, and determining that the plaintiff employer was not entitled to such relief)

Notable Decisions

  • Milbrandt & Co., Inc. v. Griffin, 1 A.D.3d 327, 766 N.Y.S.2d 588 (2d Dep’t 2003);
  • Vaughn v. Leeds, Morelli & Brown, P.C., 2005 U.S. Dist. LEXIS 16792, 2005 WL 1949468 (S.D.N.Y. August 12, 2005);
  • Warren v. Gelardi, 2009 WL 113450 (D.N.J. January 14, 2009);
  • Overland Leasing Group, LLC v. First Financial Corporate Services, Inc., 2009 U.S. Dist. LEXIS 118296, 2009 WL 4981632 (D.N.J. December 17, 2009), affirmed by, 436 Fed. Appx. 119 (Third Cir. 2011);
  • Highland HC, LLC v. Scott, 113 A.D.3d 590, 978 N.Y.S.2d 302 (2d Dep’t 2014);
  • Commodore Constr. Corp. v. City of New York, 2019 N.Y. Misc. LEXIS 2314 (Borrok, J.S.C., N.Y. County Supreme) (May 8, 2019);
  • Brooklyn Navy Yard Dev. Corp. v. TDX Constr. Corp., 2019 N.Y. Misc. LEXIS 5864 (Borrok, J.S.C., N.Y. County Supreme) (October 30, 2019);
  • Marc Straus, LLC v. Charles Schmitt Architects, 2020 N.Y. Misc. LEXIS 10333, 135 N.Y.S.3d 259, 2020 WL 7220465 (Lebovits, J.S.C., N.Y. County Supreme) (December 2, 2020).