Gordon Rees Scully Mansukhani New York Partner Joseph Salvo and Senior Counsel Thomas Fanizzi secured a voluntary dismissal of a New York State Labor Law claim on behalf of their fire protection contractor client, based on favorable testimony obtained during the deposition of the co-defendant/third party plaintiff building ownership entity.
In this matter, the plaintiff alleged violations of the New York State Labor Law §§ 241(6) and 200, stemming from the plaintiff’s trip and fall over a condensation waste pipe affixed to HVAC units in a mechanical room in a New York City high-rise building. In or around the time of the plaintiff’s alleged accident, the fire protection contractor client was performing Local Law 26 work for the high-rise. The plaintiff was performing New York State Labor Law-protected work for his employer, who had subcontracted with GRSM’s fire protection contractor client for pre-action electrical work.
Before GRSM’s involvement, the plaintiff and the building ownership entity secured default judgments against GRSM’s client. Immediately upon retention, Salvo negotiated the parties’ agreement to vacate the defaults and to permit GRSM to conduct discovery, despite the filing of the note of issue. The GRSM team efficiently reviewed the discovery conducted prior to retention and identified the appropriate witness to demonstrate that the condensation pipe was maintained by the building ownership entity and, therefore, had no relevance to the fire protection contractor client’s work. The testimony secured undermined any notion that GRSM’s client violated the New York State Labor Law.
Based on the testimony from the building ownership entity, the GRSM team negotiated a stipulation voluntarily discontinuing all claims against the fire protection contractor client. This successful outcome highlights the proficiency of GRSM’s Labor practice in identifying cost-effective and efficient solutions to complex legal disputes.