Firm News

Summary Judgment Granted to Third-Party Defendant in Sidewalk Defect Case

In a decision dated February 21, 2017, Justice James E. d’Auguste granted summary judgment dismissing the third-party action for common law and contractual indemnification against our client, WJL Equities. The plaintiff allegedly tripped over a raised/uneven sidewalk flag while walking in front of the New York Public Library on the Upper East Side of Manhattan thereby sustaining personal injuries.  He subsequently brought suit against various defendants, one of whom impleaded WJL based upon its contract to perform sidewalk restoration work in the area. On summary judgment, WJL argued that the flags it installed were adjacent to the misleveled flag.  In granting summary judgment to WJL, the Court held that WJL had met its burden of establishing that it did not perform work on the sidewalk flag that contained the alleged defect. The Court considered the arguments made in opposition by the third-party plaintiff and found them to be without merit.

Althofer v. City of New York et al., Index No. 112806/2011 (N.Y. Co. Sup. Ct., Feb. 21, 2017)

On March 3, 2017, Thomas J. Hall lectured at a seminar for Archstone Builders LLC entitled “Best Practices for Post-Accident Investigations,” in New York City.

On February 23, 2017, John V. Fabiani and Stephen M. Cohen lectured at a seminar for the Starr Commercial General Casualty Profit Center entitled “New York Labor Law in Non-Construction Areas,” in New York City.

On February 7, 2017, Thomas J. Hall lectured at a seminar for Grace Industries LLC and Haughland Energy Group LLC entitled “Contractual Risk Transfer in New York,” in Plainview, New York.

On January 20, Thomas J. Hall lectured at a seminar for J.T. Magen & Company Inc. entitled “Best Practices for Post-Accident Investigations,” in New York City.

We are pleased to announce that Sue Wagner has become a Partner of the firm.

Court Dismisses Complaint and All Cross-Claims Against Defendant Prime Contractor

In a decision dated December 21, 2016, Justice Thomas P. Aliotta granted summary judgment dismissing the plaintiff’s complaint and all cross-claims as to our client, Delric Construction Co., Inc. The plaintiff sought damages for personal injuries allegedly sustained when he fell from a wooden plank that extended over a ventilation shaft on the sixth floor of the Staten Island Courthouse under construction. In granting the motion, the Court held that our client was not an agent of the owner and was not otherwise negligent. Delric did not have the authority to supervise, direct or control the plaintiff’s work. Furthermore, Delric had no safety or maintenance obligations on the sixth floor and more specifically in or around the shaft. In addition, the Court found that Delric owed no contractual indemnity, in whole or in part, to any of the defendants because the work on the sixth floor at the time of the accident was being performed for a separate prime contractor and arose from no work on the part of Delric or its subcontractors.

McDonough v. Delric Construction Co., Inc., et al., Index No. 150892/2013 (Richmond Co. Sup. Ct., December 21, 2016)

Court Dismisses Complaint and All Cross-Claims Against Defendant Roofing Contractor

In a decision dated October 28, 2016, Justice Robert l. Nahman granted summary judgment dismissing the plaintiff’s complaint and all cross-claims as to our client, Paragon Building Restoration, LLC. In the complaint, the plaintiff brought causes of action against our client, the roofing contractor, for common law negligence alleging that he tripped on a piece of cardboard which was placed inside the supermarket to sop up water leaking from the ceiling. In granting the motion, the Court held that our client was free from negligence and did not owe indemnity to the owner of the building because the leak did not arise out of its work.

Ibis-Blake v. Food City, et al., Index No. 80/2012 (Queens County Sup. Ct., Oct. 28, 2016)

Super Lawyers has selected John V. Fabiani as one of the top 100 lawyers in New York City for 2016.

Court Dismisses Complaint Against Defendant Joint Venture Contractor

In a decision dated August 18, 2016, Justice Marguerite A. Grays granted summary judgment dismissing the plaintiff’s complaint against our client, a joint venture consisting of Slattery Skanska, Inc., John P. Picone, Inc., James McCullagh Co., Inc., Picone/McCullagh Joint Venture and Perini Building Company, Inc.  In the complaint, the plaintiff brought causes of action against the joint venture for common law negligence and pursuant to Labor Law §§200 and 241(6). The plaintiff, a New York City Department of Environmental Protection employee, sought damages for personal injuries allegedly sustained when he slipped and fell on ice while entering a building at the Newtown Creek Wastewater Treatment Plant in Brooklyn, New York. In granting the motion, the Court held that because the plaintiff was not employed for the purpose of performing construction or repairs, he was not a member of a class protected by Labor Law §§200 and 241(6). In dismissing the common law negligence claim, the Court held that the defendant joint venture owed no duty of care to the plaintiff because he was not a third-party beneficiary to the contract between the joint venture and the NYCDEP.

Heavey v. A.J. Pegno Construction Corp., et al., Index No. 24910/2011 (Queens County Sup. Ct., Aug. 18, 2016)