Abbatiello v. Lancaster Studio Associates

            3 N.Y.2d 46 (2004)

            Obtained a decision of the New York Court of Appeals that a property owner cannot have            New York Labor Law 240(1) liability where a property owner did not contract for or     control a cable installer's work.

 

—        O'Sullivan v. IDI Construction Company

            7 N.Y.3d 805 (2006)

             Obtained a decision of the New York Court of Appeals that material that is an integral                  part of the construction does not constitute debris and a tripping hazard under Industrial           Code provisions for Labor Law 241(6) liability.

 

 —        Shrenkel v. New York State Dormitory Authority

            266 A.D.2d 369 (Second Dept. 1999)

             Establish case law that a public    authority's rights as an out-of-possession owner/lessor do not constitute sufficient          retention of control over premises to subject it to liability for a slip and fall accident at a   college campus.

 

 

—        Lim v. Atlas Gem Erectors

            225 A.D.2d 304 (First Dept. 1996)

 

            Established case law for the construction of  “arising out of” language in additional           insured endorsements to insurance policies and the application of anti-subrogation             principles to a New York Labor Law case.

 

 

—        532 Madison Avenue Gourmet Foods v. Finlandia Center

            96 N.Y.2d 280 (2001)

 

Represented successful appellants in the trial courts in two of the three cases on appeal.  The cases involved a partial building collapse on Madison Avenue in NYC and the closure of area businesses for two weeks.  We successfully moved in the trial courts to dismiss plaintiff's negligence claims on the ground that plaintiff could not establish a duty of care for purely economic loss in the absence of personal injury or property damage and also successfully moved to dismiss public nuisance claims.  The Court of Appeals reversed the Appellate Division, First Department and upheld the arguments we had made in the trial courts.

 

 

—                Tate v. Clancy – Cullen Storage Co.

178 A.D.2d 292 (First Dept. 1991)

 

Obtained dismissal of a fire alarm contractors purported contractual defenses to indemnity for a personal injury claim resulting in validation of the client property owners claim for indemnity under the contract.

 

 

—        Iannelli v. Powers

            114 A.D.2d 157 (Second Dept. 1986)

 

            Obtained reversal of a jury verdict and dismissal of an action in which the plaintiff sought             liability of the owners and tenants of a commercial building for the on-premises shooting death of the plaintiff's decedent by robbers. Established that expert testimony was         required for proof of a causally related deficiency in security and foreseeability.

 

 

—        Diane F. (Anonymous) v. State of New York

            29 A.D.3d 732 (Second Dept. 2006)

 

            Obtained affirmance of the dismissal of a claim against a state university on the ground    the university did not breach any duty owed to the claimant who was allegedly raped in          her dormitory room by another student.

 

           

—        Vasiliades v. Lehrer McGovern Bovis

            3 A.D.3d 400 (First Dept. 2004)

 

            Obtained dismissal of a Labor Law 240(1) action setting a precedent that a construction    worker with one foot up a ladder and one foot on the ground is not exposed to an           elevation hazard under the statute.

 

 

—        Tonking v. Port Authority

            3 N.Y.2d 708 (2004)

            Litigated indemnity language in a construction contract on issue of agency on behalf of    project owner.

 

—        Fuentes v. City of New York

            125 A.D.2d 1010 (First Dept. 1986)

 

—        Established that the New York Yankees professional baseball team was not negligent in   security when fans rushed the field and injured a cameraman in the final game of the          1977 World Series.

 

 

—        Leucadia v. Reliance Insurance Company

            864 F.2d 964 (2d Cir. 1988)

 

            Established in a case of fidelity bond coverage that the plaintiff was required to prove       alleged dishonest or fraudulent acts within the terms of the fidelity bond by clear and         convincing evidence.

 

—        Reilly v. Newireen Associates

            303 A.D.2d 214 (First Dept. 2003)

 

            Established  that a worker who sustained a heart attack after climbing stairs because of a   construction hoist breakdown did not have a Labor Law §241(6) cause of action based on         a failure to provide a safe place to work.

 

—        Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines Ins. Co.

            27 A.D.3d 84 (First Dept. 2005)

 

            Established case law on the issue of timely disclaimer by an insurer and that the prompt    disclaimer requirement of the New York Insurance Law is triggered when an insurance          carrier receives notice of claim from another insurance carrier on behalf of a mutual insured asking that the insured be provided a defense and indemnity.

 

—        Hastedt v. Bovis Lend Lease

            152 A.D.3d 1159 (4th Dept 2017)

            Established case law that a construction manager that is not a builder but only a program manager does not have liability under Labor Law 240(1).

—        Davis & Partners, LLC v. QBE Ins. Corp.

            113 A.D.3d  544 (1^st Dept 2014)

            Established insurance coverage law in a New York construction case that the principal location of the insured risk in New York required application of New York law notwithstanding that the entity under whose policy coverage was being sought had its principal place of business in New Jersey.