Gordon Rees Scully Mansukhani Associate Arash Irani recently secured a win, by way of motion to amend his answer to add a counterclaim of fraud, against a plaintiff who allegedly sustained personal injuries as a result of an accident on a construction site.
The plaintiff filed a lawsuit in New York County alleging that GRSM’s client was negligent in its supervision, maintenance, and control of the site where the plaintiff allegedly sustained injuries. Violations of New York State Labor Law Section 240(1) were also alleged. The plaintiff’s counsel refused to enter settlement negotiations, insisting that the plaintiff suffered a significant injury due to GRSM’s client’s actions.
After having received the plaintiff’s voluminous medical records and consulting with the client to confirm the happenings of the alleged accident, Irani noticed many discrepancies within the records, including multiple versions of how the alleged accident occurred, and filed a motion for leave to serve an amended answer to the plaintiff’s complaint that would assert additional affirmative defenses and a counterclaim alleging fraud.
After carefully reviewing Irani’s arguments, including the fact that most of the plaintiff’s treating physicians have been named in multiple RICO lawsuits in federal court, the presiding New York Supreme Court Justice found that Irani had clearly outlined the key elements of fraud, meeting the requirements of CPLR 3016(b), and granted the motion. The decision has not been appealed.
This ruling represents a significant victory for GRSM’s client and sets an important precedent for future challenges by those who target property owners, construction managers, and general contractors. It also underscores GRSM’s ability to handle complex disputes, delivering favorable, cost-effective outcomes for its clients.