Cases
Significant Representative Matters: Recently obtained a defense verdict in New York County regarding our client's New York State Labor Law liability. In sum, the matter involved a declaratory judgment action between two insurance companies following their contributions of nearly $2 million dollars toward the settlement of an underlying New York State Labor Law case. We represented the plaintiff's employer in the case. After the parties' summary judgment motions were denied, a 5 day bench trial on the sole issues of defense
indemnity
our client's alleged liability under the Labor Law was held. Factually, it was a difficult task to prove that the insured was not at least partly liable. Nonetheless, the Court found there could be no valid claims against our client.
Successfully defended a large New York City electrical contactor, obtaining summary judgment, arguing plaintiff was the sole proximate cause of his accident. Plaintiff was a 48-year-old carpenter whom the client hired to install a small wooden floor. To do so, plaintiff made his own make-shift table saw from a mail basket, plywood
a skill-saw. It was argued that plaintiff knew that he was doing was dangerous
that he was the sole proximate cause of his accident. Following motion practice, both the lower Court
Appellate Division First Department agreed
dismissed plaintiff's case in full.
Successfully defended a major New York City electrical company, obtaining summary following the close of discovery. Plaintiff was a 50-year-old iron worker who fell from a window opening. One of plaintiff's claims was that electrical conduit (properly installed) prevented him from regaining his footing
contributed to his fall out of the window over 40 feet. The injuries in the case were catastrophic. Using a combination of experts (accident reconstructionist, bio-mechanical engineers
doctors), it was successfully proven that there was no possibility the conduit in question caused plaintiff to fall, but, rather, it was because of the sheer gravitational force of the window plaintiff had lost control of while installing it.
Successfully defended one of New York City's largest plumbing contractors, obtaining summary judgment
proving the client had no involvement in the alleged accident whatsoever. More specifically, plaintiff claimed the client installed defective
leaking plumbing, which caused him to fall
severely injure his back. Upon review of all records, plaintiff clearly was incorrect. The alleged plumbing involved had not even been installed at the time of the accident.
Successfully defended a smaller upstate New York general contractor against a claim by its own employee, where he fell from a ladder. More specifically, the client was dismissed from the case based on a workers' compensation defense after it was demonstrated the owner of the premises attempted to frauduently edit documents to create an indemnity obligation.
Published Works: The Laborious Task of Litigating NY State Labor Law Claims: A Pre-Trial Defense Perspective, New York Law Journal, Litigation Supplement, November 13, 2017
