Favorable Jury Verdict Obtained for a National Restaurant ClientPermalink
Congrats to Alexander Fisher on obtaining a favorable jury verdict for a national restaurant client and wins further hearing forcing plaintiff to pay Counsel fees!
In a just concluded week-long jury trial in Mercer County, New Jersey, gartner + bloom, P.C. partner Alexander Fisher secured a favorable jury verdict in a claim where the plaintiff had sought several hundred thousand dollars for dental injuries.(more…)
Daniel Montagna Admitted to New York State BarPermalink
An Outstanding Labor Law Victory for Partner Jessica Price, Esq.Permalink
Plaintiff, an electrician, was roughing out office space. On the date of his accident, plaintiff was running cables with a drag line through hangers in the ceiling. He did not intend to use a ladder for this task and had been working for an hour without one. As plaintiff ran the cables, tension was created on the wires. A ladder was nearby, so plaintiff checked it, saw it was in working condition, and utilized it to gain leverage. As he was standing on the ladder, plaintiff pulled the drag line but the wires recoiled, pulling the plaintiff and causing a shoulder injury as the ladder allegedly wobbled on one of its footings. Plaintiff testified at deposition that he could have pre-rolled the wires to alleviate the tension, but this would have been “a lot of work” as it would require walking back and forth from where the cable reel was located to where the wires needed to be pulled.
Ms Price argued that the proximate cause of plaintiff’s accident was his failure to pre-roll the wires, not any deficiency with the ladder. The Court agreed, and denied plaintiff’s motion. In doing so, the Court held that a jury must determine whether the proximate cause of plaintiff’s injury was the ladder, the failure to pre-roll the wires, or gravity related issues caused by the weight of the cables.
Believing victory to be assured, plaintiff did not oppose g + b’s cross-motion to dismiss his other claims under Labor Law Sections 200 and 241(6). As such, the Court dismissed those causes of action entirely.
Todd Shaw Promoted to Equity PartnerPermalink
Gartner + Bloom, P.C. is pleased to announce the promotion of Todd Shaw Esq. to the rank of Equity Partner. As an Associate and then as a Partner, Todd established himself as a formidable litigator who delivers outstanding outcomes for our clients. His rise to our highest level was as a direct result of his endless drive to go the extra mile in everything he does. Todd’s passionate desire to mentor and develop other attorneys and staff to help better their careers and the firm as a whole, sets him apart and has earned him this esteemed honor! We look very much forward to your continued success and working with you for decades to come. Huge Congratulations Todd from all of us!
Successful Defense for a Midtown-Manhattan Bar/Restaurant Against Billion Dollar Commercial DeveloperPermalink
In the exceptionally acrimonious litigation, the building owner attempted to utilize purported emergent conditions in the premises at issue to force all tenants, including the bar and restaurant, to vacate for an indeterminate period of time, potentially never being able to re-open.
g+b recruited a team of expert architects and engineers to rebut the owner's claimed emergent conditions and seized the initiative by obtaining a Yellowstone injunction against the owner while simultaneously asserting causes of action premised on New York's newly enacted commercial tenant harassment statute.
In the end, not only is g+b’s client the only tenant in that Manhattan building that is back in possession and up and running, but it is doing so with a new lease under very favorable terms negotiated by g+b that will keep it serving great food and cocktails for many more years to come
Construction Defect Arbitration VictoryPermalink
The decision, Ellen Zedeck Trust v. SJB, can be accessed in Decisions of Note under Contracts/Business Law or viewed here.
Two Dismissals Back to BackPermalink
In State Farm v. Sahor, associate Anne Armstrong analyzed complex insurance coverage issues and drafted opposition papers in successfully keeping the Firm’s client from being added to a personal injury arbitration. The decision can be found in Decisions of Note under Insurance Coverage.
In Alpha v. Creative, associate Roy Anderson protected the Firm’s California based website technology client from being sued in New York by arguing that an out of state company that works remotely on a New York website cannot be sued in New York. The decision can be found in Decisions of Note under Contracts/Business Law.
Lawsuit against Condominium Dismissed on MotionPermalink
Eleven-year Co-op Litigation Ends FavorablyPermalink
Plaintiffs-shareholder/tenants sued for injunctive relief, to force their Manhattan co-op to relocate a cooling tower from the co-op roof. Plaintiffs also sought money damages for a decade of leaks allegedly caused by the cooling tower, as well as attorneys fees and punitive damages. Plaintiffs’ pretrial settlement demand was over $5 million dollars.
Justice Melissa Crane dismissed all but one claim. Plaintiffs received no damage award for the leaks, no damage award for the warranty of habitability, no injunctive relief forcing the co-op to relocate the cooling tower, no attorneys fees, and no punitive damages. The sole claim the court gave the plaintiffs has no dollar amount attached, and will be the subject of another litigation.
Art Xanthos and Jeff Miragliotta handled the trial, while Joe Rapice handled the trial motions and the briefs.
Dismissal of Ironworker’s Labor Law Case UpheldPermalink
In ruling for the Firm’s clients – a general contractor and owner - the Second Department held that good, clear deposition testimony submitted on the motion proved the inapplicability of Sections 200, 240(1), and 246 of the Labor Law, thereby warranting dismissal.
The case is Reyes v. Astoria 31st Street Developers, Index No. 7856/2015.