Firm News

On March 6, Stephen M. Cohen, Thomas J. Hall and Anita D. Bowen lectured at a seminar for Skanska/Walsh, Joint Venture entitled “Accident Investigation and the Labor Law,” at LaGuardia Airport in Queens, New York.

On March 1, Thomas J. Hall presented at JT Magen’s Annual Health and Safety Seminar the program entitled “Best Practices for Post-Accident Investigations,” in New York, New York.

On February 1, Stephen M. Cohen and Thomas J. Hall lectured at a Tishman Construction seminar for Brookfield Properties’ Manhattan West Project entitled “Accident Investigation and the Labor Law,” in New York, New York.

On January 23, Stephen M. Cohen, Thomas J. Hall and Anita D. Bowen lectured at a seminar for Skanska USA Building entitled “Accident Investigation and the Labor Law,” in New York, New York.

On January 20, Thomas J. Hall presented at the annual meeting of Schimenti Construction the program entitled “Best Practices for Post-Accident Investigations,” in Rye Brook, New York.

Appellate Division Bars Plaintiff from Amending Complaint to Assert Claim for Punitive Damages Against Contractor

In a decision dated December 14, 2017, the Appellate Division, First Department unanimously reversed a Supreme Court, Bronx County order that granted the plaintiff’s motion to amend his complaint to include punitive damages against our client, Grace Industries, LLC. The plaintiff was involved in a motor vehicle accident on a highway that was in the process of being resurfaced by our client. After some discovery, the lower court allowed the plaintiff to amend his complaint to include a claim for punitive damages as against Grace. The basis for the plaintiff’s claim for punitive damages, among other things, was Grace’s off-road storage of a paver and its failure to fill in a trench on the side of the road. In reversing the lower court’s decision, the First Department determined that the conduct put forth by the plaintiff, if proven, was insufficient for the imposition of punitive damages, because it could not be viewed as a conscious and deliberate disregard of the rights of others. Accordingly, leave to amend the plaintiff’s complaint was denied.

Britz v. Grace Industries, LLC, et al., 156 A.D.3d 533, 65 N.Y.S.3d 453 (1st Dep’t 2017)

We are pleased to welcome our newest valued client, Gramercy Group, Inc.

Court of Appeals Reverses Lower Court Decisions and Finds Issues of Fact Regarding Plaintiff’s Labor Law §240(1) Claim

In a decision dated September 5, 2017, the Court of Appeals reversed the Appellate Division, First Department’s decision and order which had affirmed the lower court’s decision granting plaintiff summary judgment on his cause of action pursuant to Labor Law §240(1). The plaintiff, an employee of non-party, Pinnacle Contracting, claimed that he was injured when he slipped on grease while walking down an inclined plank at the construction site where he was working. In the Supreme Court, Justice Alice Schlesinger granted plaintiff’s motion for summary judgment on his Labor Law §240(1) claim. This decision was affirmed by the First Department. In reversing the lower courts’ decisions, the Court of Appeals determined that there were issues of fact as to the Labor Law §240(1) claim because the plaintiff’s foreman arguably provided conflicting accounts of whether the plaintiff had adequate safety devices available and whether he knew both that they were available and he was expected to use them, whether he chose for no good reason not to do so and whether his accident would have been prevented had he not made that choice.

Valente v. Lend Lease (U.S.) Construction LMB, Inc. et al. 29 N.Y.2d 1104, 82 N.E.3d 448, 60 N.Y.S.3d 107 (2017).

On November 8, Stephen M. Cohen and Thomas J. Hall lectured at a seminar for Hiscox entitled “Overview of New York Labor Law §§200, 240(1) and 241(6),” in London, England.

On November 6, John V. Fabiani and Marc M. Mahoney lectured at a seminar for Lend Lease entitled “Recent (Positive) Developments in Labor Law §240(1) Actions,” in Indianapolis, Indiana