Firm News

Background

“Little imagination is needed to understand the paramount importance of eliminating unfair discrimination in housing.”[1] To combat such discrimination the  New York City Council is planning to pass the Fair Chance for Housing Act (FCHA), a bill sponsored by 26 New York City Council members and the New York City Public Advocate that prohibits landlords and building owners, including co-op boards, from discriminating against a prospective tenant, purchaser, lessee or occupant on the basis of criminal history or arrest record. Not surprisingly, the bill resembles the NYC Fair Chance Act passed a few years ago, which similarly was aimed at reducing discrimination and advancing diversity and inclusion by giving individuals from all backgrounds and circumstances a fair chance in employment.[2]

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WELCOME TO THE TEAM Medea Matiashvili, Supin Jairath, Kelsey Dougherty Howard, Christopher Hemway, Amanda Mezer, Esq., and Daniel Montagna ~ we are excited to have you join us on the journey!

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 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.