Firm News

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.

Court Grants Defendant Summary Judgment in Bicycle Accident Case

In a decision dated March 25, 2016, Justice James E. d’Auguste granted the summary judgment motion of our client, Restani Construction Corp., dismissing the plaintiff’s complaint in its entirety as against Restani, prior to any depositions being conducted. The plaintiff sought damages for personal injuries allegedly sustained when she fell from her bicycle due to a pothole while riding on Third Avenue at its intersection with 92nd Street, New York, New York. The plaintiff alleged that Restani had been negligent in milling the subject roadway prior to the City’s repaving of the roadway, causing a the alleged defective condition. In dismissing the plaintiff’s complaint, the Court found that Restani submitted sufficient evidence in admissible form indicating that it completed milling work at the subject area approximately 29 months prior to the plaintiff’s alleged accident, that the City of New York signed off on Restani’s work approximately 18 months prior to the plaintiff’s alleged accident, and that the City of New York thereafter repaved the roadway. The Court rejected the plaintiff’s contention that further discovery was needed, or that the motion was premature, as plaintiff failed to identify anything to show that further disclosure from Restani would lead to relevant evidence on the issue of its liability.

Murray v. City of New York et al., Index No. 157124/2014 (N.Y. Co. Sup. Ct., March 25, 2016)

Thomas J. Hall Wins Directed Verdict in Contractual Indemnity Case

This was an action for personal injuries arising out of an accident involving the plaintiff, a journeymen steamfitter employed by FL Mechanical, which occurred on September 30, 2010, when he fell from an extension ladder while working on a pipe in the ceiling at a project involving the retail fit out of an Aeropostale store in the building known as 1515 Broadway, New York, New York. The building is owned by 1515 Broadway and managed by SL Green. Structure Tone was the general contractor for the Aeropostale project. The plaintiffs sued Structure Tone, 1515 Broadway and SL Green. Structure Tone in turn impleaded React Industries asserting claims for common law contribution and/or indemnification, contractual indemnification and breach of contract for the failure to procure insurance. Structure Tone and SL Green subsequently brought a second third-party action against our client, FRP Sheet Metal Contracting Corp., sounding in common law contribution and indemnity, contractual indemnification and breach of contract for the failure to procure insurance. At the close of discovery the plaintiff was granted summary judgment against Structure Tone and 1515 Broadway under Labor Law 240(1). Those parties subsequently settled with the plaintiff for $3,625,000 and then went to trial to prosecute their remaining third-party claims against FRP and two other subcontractors. At the close of evidence, the court granted FRP a directed verdict finding that Structure Tone failed to prove its entitlement to contractual indemnity against FRP.

Scekic v. SL Green Realty Corp. et al., Index No. 113386/10 (N.Y. Co. Sup. Ct., Feb. 22, 2016)