Congratulations to Partner, Narri Subrati on a phenomenal outcome in a mediated New York Labor Law matter.

The Plaintiff was an elevator mechanic installing call button boxes at an under-construction storage facility. The Plaintiff stepped out of the elevator shaft at a mezzanine level where there was no floor/decking causing the Plaintiff to fall approximately 8 feet onto a concrete floor. The plaintiff’s alleged injuries included fracture of the left side nasal bones, concussion, traumatic brain injury, right shoulder surgery, and cervical and lumbar herniations.

The case had been pending in Kings County and was set for trial. Ms. Subrati defeated Plaintiff’s motion for summary judgment on the Labor Law 240(1) cause of action on a question of fact even though the trial and appellate courts found that Plaintiff established he was engaged in a work activity that falls within the ambit of Labor Law 240(1); defeated a summary judgment motion of the owner for indemnity; and defeated the employer’s motion to dismiss the indemnity Complaint.

There were multiple appeals which ended in a draw, and finally positioned this case for expedient resolution. Additionally, there was a declaratory judgment action against the employer’s insurer who refused to assume the defense of the general contractor as an additional insured. Ms. Subrati’s motion for summary judgment against the employer’s carrier was granted by the trial court, and that decision affirmed on appeal by the First Department.

The plaintiff’s demand at the mediation was in the multimillions. Narri’s zealous advocacy combined with her motion resulted in a favorable settlement representing a fraction of the “settlement value” of the case.

Cheers to you Narri on driving an outstanding outcome!