Recent Win: Donovan Hatem’s New York Office Wins Pre-Answer Dismissal
Donovan Hatem attorneys Steve Willig and Josh Stern prevailed on a motion to dismiss a third-party complaint on behalf of one of our design professional clients. In the action, a laborer sought to recover for personal injuries alleged to have been sustained when a large slab of concrete fell on him during the course of underpinning work. Claims were asserted under the New York Labor Law against the owner and general contractor, who in turn alleged that our client owed them contractual and common law indemnity and common law contribution as a result of the client’s involvement in the underpinning work. In dismissing the third-party claims, the New York Supreme Court held the third-party complaint and documentary evidence demonstrated our design professional client had no responsibility to supervise or direct the work being undertaken by plaintiff and, thus, could not be liable.