Congratulations to Miriam Miller Esq on obtaining a summary judgment dismissing the Plaintiff’s Complaint against our firm’s construction client!

Summary Judgement was granted in New York Supreme Court for our client, a curtain wall contractor, in a complex bodily injury construction case. Plaintiff asserted five causes of action for: common law negligence; negligent hiring and supervision; vicarious liability for assault and/or battery; intentional infliction of emotional distress; harassment and discrimination.

Miriam Miller Esq and her team including Austin LaBorwit, Esq. successfully argued that our client bore no liability since Plaintiff’s accident occurred in front of the construction site and our client owed no duty towards Plaintiff, an employee of our subcontractor.

Furthermore, we also indicated that since the incident occurred outside of the workplace and had no relationship to the work under the contract, any claims for indemnification are fatal, since the contract with the Ownership entities explicitly limited indemnification to injuries within the scope of work.

The court also agreed with our argument that since our client did not employ Plaintiff, nor the other laborers at the Project, who committed the assault , it did not have a duty to institute specific procedures for hiring employees for any of the subcontractors or a duty to investigate any violent propensities of the subcontractor’s employees at the site, unless the client was on direct notice to investigate the subcontractor and its employees, which was absent in our case. As such, our client could not be held vicariously liable for Plaintiff’s accident.

Another impressive win for Miriam Miller Esq and Austin LaBorwit, Esq. 🏆Cheers🏆

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