Firm News

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.

We are pleased to welcome our newest valued client, Northeast Structural Steel, Inc.

Court Dismisses Plaintiff’s Complaint Against Defendant Plumbing Contractor

In a decision dated March 26, 2013, Justice Larry D. Martin granted defendant plumbing contractor TF Plumbing and Heating Contractor’s (“TF Plumbing”) motion for summary judgment dismissing the plaintiff’s complaint against it. The plaintiff sought damages for personal injuries allegedly sustained when she slipped and fell on water in an aisle of a Western Beef Supermarket. Plaintiff sued TF Plumbing on the theory that its negligent plumbing work caused the hazardous condition. Certain testimony and evidence indicated that TF Plumbing performed sprinkler installation at the supermarket prior to the plaintiff’s accident. However, the Court found that TF Plumbing had established its entitlement to summary judgment by submitting testimony and evidence which showed that it did not perform work near the location of the accident.

Shanon v. Elmont Q Properties, Inc. et al., Index No.: 26284/09 (Kings Co. Sup. Ct., March 26, 2013)

First Department Affirms Lower Court Decision Granting Defendant Building Owner Summary Judgment Dismissing Plaintiff’s Complaint In Dog Bite Case

In a decision dated April 4, 2013, the Appellate Division, First Department, unanimously affirmed Justice Larry S. Schachner’s decision dated December 23, 2011, which granted the defendant building owner’s motion for summary judgment dismissing the plaintiff’s complaint against it. The infant plaintiff sought damages for personal injuries allegedly sustained when he was bitten by a dog allegedly owned by a tenant in the defendant building owner’s premises. In granting the defendant building owner’s motion, the lower Court held that the record revealed that the defendant had no notice of the presence of the dog on the premises or of its vicious propensities. The incident also occurred off the defendant building owner’s property and there was no proof of any agency relationship nor was one pled. In light of the foregoing, the First Department held that the lower court properly granted summary judgment to the defendant building owner and dismissed the plaintiff’s complaint as against it.

Desay v. Copo Management, LLC et al., 105 A.D.3d 453, 963 N.Y.S.2d 79 (1st Dep’t 2013)

Stephen M. Cohen and John V. Fabiani, Jr. lectured at a seminar for AON entitled “Defending Future Medical Cost Claims – The Potential Effect of Obamacare,” in New York City.

We are pleased to welcome our newest valued clients: Nestlé USA, Inc., Nespresso USA, Inc., Silverite Construction Company Inc., DeFoe Corp. and Brookfield Properties.