Firm News

Court Dismisses Complaint Against Defendants Including Labor Law §241(6) Cause of Action

In a decision dated January 7, 2014, Justice Debra A. James granted the summary judgment motions of 165 West End Avenue Condominium (“Condominium”) and 165 West End Avenue Owners Corp. dismissing the plaintiff’s complaint against them, including a cause of action for alleged violations of Labor Law § 241(6). The plaintiff sought damages for personal injuries sustained when a screw allegedly “jumped out” and struck his eye while he was working on a window refurbishment project in the residential building at 165 West End Avenue. In dismissing the complaint, the Court found that the Condominium was not an “owner” and therefore was not subject to the Labor Law. The Court further held that Labor Law § 241(6) was inapplicable to the facts of the case because the plaintiff’s work – refurbishing a window in an existing apartment – constituted “maintenance” and not “construction, excavation or demolition” within the meaning of the statute.

Bautista v. 165 West End Avenue Associates, L.P., et al., Index No. 109503/08 (N.Y. Co. Sup. Ct., Jan. 7, 2014)

We are pleased to welcome our newest valued client, JDS Development Group.

Stephen M. Cohen Co-Authored a New York Law Journal Article Entitled “Latest Move in Falling Object Cases Under Labor Law §240”

Court Dismisses Plaintiff’s Complaint Against Defendant Prime Contractor

In a decision dated October 2, 2013, Justice Alexander W. Hunter granted the defendant S.E.W. Joint Venture’s motion for summary judgment dismissing the plaintiff’s complaint against it, including those causes of action for common law negligence and violations of Labor Law §§200 and 241(6). The plaintiff sought damages for personal injuries allegedly sustained when she tripped and fell over rebar while working at the Catskill and Delaware Ultraviolet Light Disinfection Facility in Valhalla, New York. In dismissing the plaintiff’s complaint against the Joint Venture, the Court found that at the time of the accident, the plaintiff was working pursuant to a separate prime contract. As such, the Joint Venture neither supervised, directed or controlled the plaintiff’s work or had notice of the injury-producing condition.

Ramade v. C.B. Contracting, et al., Index No.: 21728/11E (Bronx Co. Sup. Ct., October 2, 2013)

We are pleased to welcome our newest valued client, Unity International Group, Inc./Unity Electric Co., Inc.

Thomas J. Hall lectured at a seminar sponsored by The General Contractors Association of New York, Inc. entitled “Issues Involved in Construction Site Accident Investigation,” in New York City.

EDNY Dismisses Suit Against City of Pittsfield, Massachusetts and its Police Chief

In a decision dated June 26, 2013, Judge Eric N. Vitaliano of the United States District Court for the Eastern District of New York granted the City of Pittsfield, Massachusetts and its Police Chief Michael Wynn’s motion to dismiss the complaint. The plaintiff sought damages for false imprisonment against the defendants claiming he was improperly detained in New York due to a case of mistaken identity and based on a warrant issued in Berkshire County, Massachusetts. The City of Pittsfield and Chief Wynn moved to dismiss the complaint in the Eastern District of New York on the basis that New York lacked personal jurisdiction. In granting the motion, Judge Vitaliano found that the City of Pittsfield and Chief Wynn had established that they did not engage in a persistent course of conduct in New York and had no involvement in the decision whether or not to initiate extradition proceedings between Massachusetts and New York.

Brown v. City of New York, et al., 2013 WL 3245214 (E.D.N.Y. June 26, 2013)

Stephen M. Cohen lectured at a seminar sponsored by AON entitled “Public Works Risk Forum,” in New York City.

John V. Fabiani, Jr. and Thomas J. Hall lectured at a seminar for various insurance carriers entitled “Elements of Economic Loss- Defending Claims for Economic Damages,” in Alpharetta, Georgia.

John V. Fabiani, Jr. lectured at the Long Island Contractors’ Association conference entitled “2013 Excavation Safety Seminar,” in Hauppauge, New York.