Firm News: bentleyhoke

A special ode to our clients, supporters, colleagues and friends who came out yesterday to perfect their swing and build a strong sense of community at gartner + bloom, P.C.’s annual golf event. Tip to Michael Demsko, Russell Mangold and Tom Vouvoudakis for building strong collaboration-ships with our teams. Who says there isn’t a pot of gold at the end of that magical rainbow and the perfect finale to a magnificent day spent together?

Food, folks and fun were in full swing yesterday at the gartner + bloom, P.C. annual golf event in Phillipsburg, NJ, and where team spirit was par for the course. Special thanks to our incredible sponsors Novatae Risk Group, formerly Mid Atlantic Insurance Group, Trustpoint.One and ARCCA for helping to support our efforts. Everyone left a winner!

gartner + bloom, P.C. celebrates their annual 2023 golf event with colleagues, clients and friends today at the Architects Golf Club & Catering in Phillipsburg, New Jersey. Our golf pros are getting ready for tee time

gartner + bloom, P.C. is proud to be a featured sponsor of the 2023 CLM Alliance (Claims and Litigation Management Alliance) Construction Conference, where the party commences on Thursday, September 28, 8:00-11:30pm at the Iron Cactus, located at 606 Trinity Street in Austin. All sponsors, speakers, and attendees of the #Construction Conference are welcome to attend this all-inclusive networking event. We look forward to seeing you there. Come One - Come All! #CLM2023

By Justin Domenech, Esq.

You’ve seen this before, a worker at a busy construction site alleges that they fell as a result of a dangerous condition in the course of his work.  There are no witnesses and the dangers claimed are just broad restatements of the New York State Labor Law.  Since there were no witnesses, there is little to no investigation to build a defense around.  They claim that the injury is permanently disabling, and that your client faces seven figure damages.  Even worse is the fact that the evidence, which is solely in Plaintiff’s control, is often frustratingly inconsistent.  On one occasion, it is alleged that it was a fall through an ‘unprotected opening’, in another, it is a trip or slip on uneven ground with an ‘elevation differential.’  Maybe work materials or debris were a factor, but it is unclear as ‘it all happened so fast.’   Either way negligence, Labor Law §§ 200, 240(1) and 241(6) are inevitably alleged against your client.  Now what?

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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.

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gartner + bloom, P.C. extends our warmest CONGRATULATIONS to experienced litigation Associate, Daniel Montagna, on his recent admission to the New York State Bar. Dan, we're proud to have your depth of expertise driving stellar outcomes for our clients!

In yet another victory for g + b’s clients, Partner Jessica Price was able to utilize plaintiff’s deposition testimony to create a question of fact and defeat plaintiff’s motion seeking summary judgment on a Labor Law Section 240(1) claim.

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.

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!

gartner + bloom is pleased to share that partners, Kenneth A. Bloom, Arthur Xanthos, and Todd Shaw, successfully defended a well-known midtown Manhattan bar and restaurant against a billion dollar commercial developer and its experienced and aggressive real estate law firm in the Commercial Division of Supreme Court, New York County.

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

Partner Todd Shaw won an extremely acrimonious construction defect arbitration before the American Arbitration Association, defeating a homeowner’s claim for more than $300,000 in alleged damages.  The matter was pending for three years, involved tens of thousands of documents, and resulted in a six day arbitration before the AAA wherein the Firm’s contractor client was vindicated.

The decision, Ellen Zedeck Trust v. SJB, can be accessed in Decisions of Note under Contracts/Business Law or viewed here.