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NY Attorneys Obtain Summary Judgment on Contractual and Breach of Contract Claims

Litchfield Cavo LLP New York attorneys Dana M. Catanzaro and Morgan E. Mueller prevailed on behalf of our property owner client’s contractual indemnification and breach of contract claims in a construction-related action pending in Bronx Supreme Court. In this case, plaintiff sought a multi-million-dollar recovery for damages sounding in, inter alia, violations of New York Labor Law Sections 200 and 240(1) based on plaintiff’s alleged fall from a purportedly defective fire escape ladder.

In court, adverse co-defendants—a general contractor, a construction manager and four subcontractors—separately moved for summary judgment dismissing our client’s contractual indemnity and insurance procurement claims against them. Dana and Morgan opposed those motions and moved for summary judgment on our client’s claims sounding in contractual indemnification and failure to procure insurance.

Through their commanding summary judgment motion and formidable opposition to their adversaries’ respective motions, Dana and Morgan persuaded the trial court to dismiss plaintiff’s Labor Law 200 claims against our client and award summary judgment in favor of our client, against the adverse co-defendants and third-party defendants.

During hearings, Dana and Morgan overcame one of the biggest hurdles property owners face in New York—succeeding against alleged “premises conditions” that traditionally are, and remain, a property owner’s non-delegable charge. Dana and Morgan mirrored the success of Litchfield Cavo partner Dennis J. Dozis, who previously won an affirming denial of plaintiff’s summary judgment motion on New York Labor Law 240(1) claims in New York State Court of Appeals for a similar case during the winter of 2018.

To learn more about New York labor laws or to find a Litchfield Cavo employment and labor attorney in your area, click here.