Casualty Defense Group Obtains Decision Dismissing Labor Law Third-Party And Cross-Claims

CM partners Carl Perri and Matthew Van Dusen were retained to represent defendant/fourth third-party defendant Celtic Sheet Metal, Inc. (“Celtic”), an air conditioning duct installation company. Celtic was hired by defendant/fourth third-party plaintiff Admore Air Conditioning Corp. (“Admore”), to install metal duct work in a newly constructed high rise building in New York City. Plaintiff, an employee of a first third-party defendant curtain window installation company, was walking backwards moving materials on a poor lighted floor and stepped into an uncovered hole injuring his back and knee. Plaintiff filed a New York Labor Law action in the New York Supreme Court, Bronx County. Admore was brought into the case and ultimately brought a third-party action against Celtic based upon their contract. Thereafter, Plaintiff filed a direct claim against Celtic.

After completion of document and deposition discovery, Plaintiff realized that neither Admore, nor Celtic created or had anything to do with the hole in question. Thus, Plaintiff voluntarily dismissed with prejudice his claims against Celtic, Admore and many other defendants that discovery revealed had nothing to do with the hole. The defendant owner/general contractor and the defendant carpentry company who failed to cover the hole would not agree to release their cross-claims against any defendants who Plaintiff voluntarily dismissed against. Plaintiff’s employer would not dismiss its cross-claims either, because it remained in the case, so all third-party and cross-claims amongst the many defendants remained. Celtic was forced to move for summary judgment to have the third-party and cross-claims dismissed or go to trial.

Perri and Van Dusen moved for summary judgment pursuant to New York CPLR § 3212 seeking to have the third-party and cross-claims dismissed. They argued, based upon the evidence, that Celtic did not create the hole, had no involvement with the hole, and could not have physically used the hole in any way. In the Decision and Order, dated December 10, 2015, Justice Howard H. Sherman summarily dismissed all third-party and cross-claims against Celtic.

If you would like to learn more about New York Labor Law, construction litigation and personal injury issues, please feel free to e-mail Carl Perri (cperri@clausen.com) or Matthew Van Dusen (mvandusen@clausen.com) or call them at 212-805-3900.