Our Results

Defense Verdict in Bronx County Labor Law Trial Affirmed on Appeal!

The plaintiff, a window installer, alleged severe knee injuries as the result of tripping over large piles of construction debris at a new building under construction in New York City. We represented the owner and general contractor. In support of his Labor Law 241(6) cause of action, plaintiff claimed the defendants violated Industrial Code 23-1.7 (e) pertaining to tripping hazards at work sites. Plaintiff alleged severe injuries to his knee, including tears that required arthroscopic surgery. He underwent a partial knee replacement, then a total knee replacement surgery. Plaintiff claimed he was permanently disabled as a result of his injuries, and sought a multi-million dollar damages award for his pain and suffering, as well as for past and future lost wages and medical expenses. Plaintiff presented testimony from his numerous treating doctors and surgeons, all of whom testified that his knee injuries were caused by the accident leaving plaintiff permanently disabled and in need of lifetime medical treatment. Through aggressive cross-examination of plaintiff’s doctors and experts, and through testimony of experts on behalf of the defense, we elicited evidence that plaintiff’s knee condition and surgeries were the result of a pre-existing osteoarthritic condition in his knee. After weeks of trial testimony, the jury returned a Defense Verdict - finding that plaintiff’s injuries were not caused by the accident. (Bronx Supreme Court, February 2020).

Plaintiff subsequently appealed the verdict arguing, among other things, that the trial court improperly denied plaintiff’s motion to redact portions of the hospital records admitted into evidence, namely the history portion of the initial record that described how his knee was injured. The Appellate Division, First Department, denied plaintiff’s appeal finding that the trial court properly denied plaintiff’s belated, mid-trial motion, and that he waived his hearsay objections when he presented the records himself and relied upon the documents to support his case in chief. Defense Verdict Affirmed! (February 2022)

Defense Verdict in Bronx County Labor Law Trial Affirmed on Appeal!

The plaintiff, a window installer, alleged severe knee injuries as the result of tripping over large piles of construction debris at a new building under construction in New York City. We represented the owner and general contractor. In support of his Labor Law 241(6) cause of action, plaintiff claimed the defendants violated Industrial Code 23-1.7 (e) pertaining to tripping hazards at work sites. Plaintiff alleged severe injuries to his knee, including tears that required arthroscopic surgery. He underwent a partial knee replacement, then a total knee replacement surgery. Plaintiff claimed he was permanently disabled as a result of his injuries, and sought a multi-million dollar damages award for his pain and suffering, as well as for past and future lost wages and medical expenses. Plaintiff presented testimony from his numerous treating doctors and surgeons, all of whom testified that his knee injuries were caused by the accident leaving plaintiff permanently disabled and in need of lifetime medical treatment. Through aggressive cross-examination of plaintiff’s doctors and experts, and through testimony of experts on behalf of the defense, we elicited evidence that plaintiff’s knee condition and surgeries were the result of a pre-existing osteoarthritic condition in his knee. After weeks of trial testimony, the jury returned a Defense Verdict - finding that plaintiff’s injuries were not caused by the accident. (Bronx Supreme Court, February 2020).

Plaintiff subsequently appealed the verdict arguing, among other things, that the trial court improperly denied plaintiff’s motion to redact portions of the hospital records admitted into evidence, namely the history portion of the initial record that described how his knee was injured. The Appellate Division, First Department, denied plaintiff’s appeal finding that the trial court properly denied plaintiff’s belated, mid-trial motion, and that he waived his hearsay objections when he presented the records himself and relied upon the documents to support his case in chief. Defense Verdict Affirmed! (February 2022)

Dismissal of Labor Law Action Upheld on Appeal

We successfully obtained an affirmance on appeal of a Bronx Decision dismissing all claims against our client on the ground that, although our client signed a contract to become the General Contractor BEFORE plaintiff’s accident, it did not take over the responsibilities of the former General Contractor until AFTER the accident.

The plaintiff claimed severe injuries when he fell into a construction trench. Our client was hired to take over as General Contractor three weeks before plaintiff’s accident, but due to a backlog of work, did not begin work at the site until after the accident. The Supreme Court, Bronx County, agreed and dismissed all claims against our client finding that it was not a “contractor” or “agent of the owner” for purposes of Labor Law liability at the time of plaintiff’s accident.

On appeal, the plaintiff and owner argued that the Contract imputed our client with authority over the site as of the date it was signed, and that this, together with our client’s Mechanic’s Lien seeking payment as of the Contract date, shows our client was the General Contractor regardless of when our client first showed up at the site. The Appellate Division, however, adopted our argument that the Owner’s acknowledgment that our client did not actually take over as General Contractor until after the accident precluded liability, and affirmed the Order dismissing all claims against our client.
(Appellate Division, First Department- March 2022)

Denial of Summary Judgment Reversed on Appeal – Case Dismissed!

Plaintiff, an employee of our commercial tenant, sustained severe injuries, including fractures and tears to his left ankle, left knee and left shoulder, and underwent four surgeries, as the result of a slip and fall on fish skin on the sidewalk of our client’s market. Plaintiff sued the sanitation company hired by our client and the landlord who, in turn, commenced a third-party action against our client for indemnification pursuant to our client’s lease. The lease required our client to indemnify the landlord for injuries arising out of any acts or omissions of our client or its agents. The Bronx Supreme Court denied our motion summary judgment, finding that our client caused the condition. We appealed this decision. In reversing the Bronx Court decision and dismissing the third-party complaint against our client, the Appellate Division, First Department, agreed there was no evidence that our client caused the fish skin to be on the sidewalk. The evidence instead suggested the fish skin fell to the sidewalk during the co-defendant’s garbage pick-up just moments before plaintiff’s accident. Another successful result in a high exposure slip and fall case!
(Appellate Division, First Department, November 2021)

Labor Law Action Dismissed against Client Contractor

The plaintiff construction worker sustained serious injuries when he tripped and fell over electrical cords at a residential renovation project. Our client contractor was responsible for the heating and plumbing. Through discovery and depositions, we established that our client was not responsible for the materials that caused plaintiff’s fall. We moved for summary judgment on the issue of liability. The court found that our client was free from negligence and dismissed plaintiff’s complaint and all cross-claims against our client as a matter of law.
(Supreme Court, Queens County October 2021)