Firm News

Court Denies Petitioners Leave to File Late Notices of Claim Against Municipal Defendants

In a decision dated August 10, 2016, Justice Michael D. Stallman denied the motion of the petitioners seeking leave to file late notices of claim against our clients, the Metropolitan Transportation Authority, Metropolitan Transportation Authority Capital Construction Company, New York City Transit Authority, Long Island Railroad and the City of New York. The petitioner sought damages for personal injuries he allegedly sustained during construction on the East Side Access Project. Specifically, the petitioner claimed that he was standing on a mantrip that came to a complete stop at or about East 55th Street inside the East Side Access Tunnel when a locomotive rear-ended the mantrip, causing the petitioner’s body to be jolted from one side to the other. In denying the petitioners’ motion, the Court held that the petitioners did not set forth a reasonable excuse for failing to serve a timely notice of claim, nor did they demonstrate that the respondents acquired actual notice of the essential facts of their claim within 90 days of the accident. Moreover, the Court noted that, even if one of the respondents had acquired actual notice, such knowledge could not have been imputed to each of the other respondents, which are distinct and separate entities from one another.

Rodriguez v. Metropolitan Transportation Authority, et al., Index No. 162629/2015 (New York Co. Sup. Ct., Aug. 10, 2016).

Court Dismisses Second-Third Party Complaint Against New York City School Construction Authority In Its Entirety

In a decision dated June 17, 2016, Justice Mitchell J. Danziger granted the summary judgment motion of our client, the New York City School Construction Authority, dismissing the second-third party plaintiff’s complaint in its entirety. The plaintiff sought damages for personal injuries allegedly sustained when he fell down a flight of exterior stairs on the Webster Avenue side of PS 85 in the Bronx. The second-third party plaintiff, Temco Service Industries, Inc., commenced an action against the SCA for contribution and common law indemnification. Specifically, Temco claimed that the SCA commissioned significant structural work at PS 85 at or around the time of the accident, which led to the plaintiff’s accident. In dismissing the second third-party complaint, the Court found that the SCA submitted sufficient evidence in admissible form indicating that the scope of the work performed by the SCA did not extend to the stairwell where the plaintiff’s accident occurred. Accordingly, the SCA did not owe the plaintiff any duty and did not launch a force or instrument of harm. The Court rejected Temco’s argument that the SCA neglected its duty to identify possible dangerous pre-existing conditions and design defects.

Williams v. City of New York et al., Index No. 22225/2004 (Bronx Co. Sup. Ct., June 17, 2016)

We are pleased to announce that Sandro Battaglia has become a Partner of the firm and that Sue Wagner has been elevated to Senior Counsel.

On July 13, Thomas J. Hall lectured at a seminar for Travelers Insurance Company entitled “Strategic Approaches to Handling of Catastrophic Claims,” in Hartford, Connecticut.

Court Dismisses Deceased Bicyclist’s Complaint In Its Entirety

In a decision dated May 11, 2016, Justice Janice A. Taylor granted the summary judgment motion of our clients, The City of New York, New York City Department of Transportation, and E.C.C.O. III Enterprises, Inc., dismissing the plaintiff’s complaint in its entirety. The plaintiff sought damages for personal injuries allegedly sustained by the decedent, a bicyclist who was riding to work on Queens Boulevard, when the decedent was struck by a vehicle. The plaintiff alleged that the decedent was struck and killed by a motor vehicle exiting the westbound exit ramp of the Van Wyck Expressway in Kew Gardens, New York and that the defendants were negligent in the maintenance, operation, ownership, management and control of the roadway and exit ramp. In dismissing the plaintiff’s complaint, the Court found that the hypothesis of the plaintiff’s engineering expert that the vehicle which struck the decedent entered Queens Boulevard from the Van Wyck Expressway was based purely on speculation of a material fact, had no probative value and could not be used to defeat summary judgment.

George Martinez as Administrator of the Estate of Alexander G. Martinez, deceased v. The City of New York et al. (Queens Co. Sup. Ct. May 11, 2016)

On June 28, Thomas J. Hall lectured at a seminar for Travelers Insurance Company entitled “Wrongful Death & Survivor Claims Training,” in New York, New York.

On June 2, Thomas J. Hall lectured at a seminar for Travelers Insurance Company underwriters entitled “Contractual Risk Transfer,” in Long Beach, New York.

Appellate Division, First Department Affirms Dismissal of Action Against Condominium

In a unanimous decision dated March 31, 2016, the New York State Appellate Division, First Department affirmed the dismissal of the plaintiff’s Labor Law §241(6) claim against our clients, 165 West End Avenue Condominium and 165 West End Avenue Owners Corp. The plaintiff sought damages for personal injuries allegedly sustained when a screw struck his eye while he was replacing window balances within a cooperative apartment unit. In affirming the lower court’s dismissal of the complaint, the Court held that because plaintiff was not performing work in the context of construction, demolition or excavation, his Labor Law §241(6) claim was properly dismissed.

Bautista v. 165 West End Avenue Associates, L.P. et al., 137 A.D.3d 714, 27 N.Y.S.3d 384 (1st Dep’t 2016)

Court Grants Defendant Summary Judgment in Construction Accident Case

In a decision dated February 10, 2016, Justice Donna M. Mills granted the summary judgment motion of our client, the Metropolitan Transit Authority Capital Construction Company, dismissing the plaintiff’s complaint in its entirety. The plaintiff sought damages for personal injuries allegedly sustained while working on a project involving the extension of the #7 New York City subway train tunnel. The plaintiff alleged that he was struck in the head by a bag of steel plates that had been thrown down a ventilation shaft. In dismissing the plaintiff’s complaint, the Court found that the defendant’s evidence sufficiently established that it was neither the owner, agent of the owner nor the general contractor of the project so as to entitlement to dismissal of plaintiff’s Law §§ 200, 240(1) and 241(6) causes of action as it was not proper labor law defendant.

Elefante v. JF Shera Construction, Inc. et al., Index No. 104367/2011 (N.Y. Co. Sup. Ct., Feb. 10, 2016)

Stephen M. Cohen and Thomas J. Hall lectured at a seminar for The Related Companies entitled “Best Practices for Accident Investigations,” in New York, New York.