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

January 22, 2016 / News

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.

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • Orlando

    Florida 32801

    618 E. South Street

    Suite 500

    Orlando, Florida 32801

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman