Eleven-year Co-op Litigation Ends Favorably
The Firm has just secured a very favorable result for its co-op client after 11 years of aggressive litigation and a trial in New York Supreme Court that lasted several months. The case is Burbridge v. Soho Plaza Corp., Index No. 651495/2010.
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.
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 Upheld
Associate Attorney Roy Anderson succeeded in dismissing a New York Labor Law personal injury case brought by an ironworker, and then succeeded in having the decision upheld by the Appellate Division, Second Department. The incredible result of a Labor Law dismissal by motion, and its affirmance on appeal, was made even more incredible due to the fact the plaintiff ironworker was injured by falling into an open ditch on a construction site.
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.
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.
Early Motion to Dismiss Granted
Associate Robert Fanning succeeded in securing a dismissal for the Firm’s client, Tudor Insurance Company, in a lawsuit brought by a building owner against a contractor and the contractor’s insurer (Tudor). Robert drafted and argued the motion in Supreme Court, New York County, before Justice Shlomo Hagler, who summarily dismissed the claim from the bench.
Proper analysis of the insurance law was the key to this successful result, but the strategic decision to make this motion early was the key to the client avoiding significant legal fees exposure.
The case is Skibar v. 338 West 15th Street, LLC, Index No. 157241/2018.
Proper analysis of the insurance law was the key to this successful result, but the strategic decision to make this motion early was the key to the client avoiding significant legal fees exposure.
The case is Skibar v. 338 West 15th Street, LLC, Index No. 157241/2018.
2020 Toy Drive for Jersey Cares Frosty’s Friends
December 22, 2020 Alexander Fisher, a partner in our New Jersey office, spearheaded a toy drive this year for Jersey Cares Frosty's Friends program, which provides holiday gifts for needy children in New Jersey. Thanks to the generous contributions and involvement of so many of our attorneys and staff, our team provided gifts for over 50 children this year. As always, we are grateful to be able to give back to our community during this holiday season. Wishing Happy Holidays to all!Ken Bloom named CLM Finalist for Outside Counsel Professional of the Year
Congratulations to g + b managing partner, Ken Bloom! Ken was just named one of five finalists across the nation for the Construction Litigation Management Professionals of the Year Award for Outside Counsel.
Read about the selection here:
http://bit.ly/2VavYxG
CLM CONSTRUCTION CONFERENCE IN DALLAS, TX
Partners Ken Bloom and Jeff Miragliotta will be speaking at CLM's Annual Construction Conference in Dallas this March. The CLM Construction Conference covers all aspects of insurance, risk, and claims management related to the construction industry. Ken and Jeff will be presenting on legal developments in the construction defect arena. The link to the event can be found here: http://bit.ly/2Nyi1oW
If you are in Dallas at the conference, please say hello to Jeff and Ken!
