Claims dismissed in marine construction NY Labor Law case.
Our team successfully obtained summary judgment dismissing all claims against our client in a marine construction NY Labor Law case pending in Supreme Court Rockland County. The case involved bodily injuries sustained to an employee of our client, which was a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case. They sought contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts. We argued, and the court agreed, that since there was no finding of negligence against our client causing the injuries sustained by the plaintiff, the indemnification clauses were not implicated. The court found that there was no evidence demonstrating that our client caused in whole or in part the injuries the plaintiff sustained.