In a decision dated October 28, 2016, Justice Robert l. Nahman granted summary judgment dismissing the plaintiff’s complaint and all cross-claims as to our client, Paragon Building Restoration, LLC. In the complaint, the plaintiff brought causes of action against our client, the roofing contractor, for common law negligence alleging that he tripped on a piece of cardboard which was placed inside the supermarket to sop up water leaking from the ceiling. In granting the motion, the Court held that our client was free from negligence and did not owe indemnity to the owner of the building because the leak did not arise out of its work.
Ibis-Blake v. Food City, et al., Index No. 80/2012 (Queens County Sup. Ct., Oct. 28, 2016)