Claims Administration

News & Events

Recent Decisions/Trials

●   Construction-Labor Law:

The Firm recently was awarded summary judgment on behalf of construction manager in a motor vehicle accident involving a flagger at the project who got pinned between two trucks. It was successfully argued that construction manager had no duty to protect the health and safety of the injured plaintiff-flagger, whose accident arose out of the manner of her own flagging operations and that there was no evidence that the roadway adjacent to the project was partitioned off in an unsafe manner.

A defense verdict was obtained in NY County Supreme Court on behalf of our client, a Construction Manager, where an ironworker obtained Labor Law 240 summary judgment arising from a fall of several feet through a gap on a construction site ramp. The plaintiff claimed multiple complaints of the ramp gap to several of the defendants, including the Construction Managers. Plaintiff claimed injuries which required surgical repair of his rotator cuff, a laminectomy and decompression of his lumbar herniation, and reconstruction of his ACL and an Achilles tendon graft. He claimed that he would need a cervical fusion and revision of his rotator cuff surgery in the future, and that he was totally disabled. The case was settled for $4,450,000 after the jury verdict allocating liability among the remaining co-defendants.

●   Contractual Indemnification:

The Firm recently obtained an order of full indemnification on behalf of high-profile owner in a multi-party Labor Law action brought in the U.S. District Court, Southern District of New York. Summary Judgment was granted to the owner on its contractual indemnification claim against the employer upon a showing that the owner was not actively negligent and that the language of the indemnity clause within the trade contract was broad enough to be triggered even without a showing of negligence on the part of the employer. The result ensured that all funding for the verdict and/or settlement (in this case a multi-million dollar settlement) would come from the employer and its carriers. The motion was prepared and argued by I. Paul Howansky.

●   Products Liability:

The Firm recently prevailed on a motion for summary judgment dismissing a strict products liability action brought against the manufacturer of a pop-up trundle bed. Plaintiff claimed to have been injured when a spring dislodged from the bed striking her in the eye. Plaintiff alleged causes of action based upon a manufacturing and design defect claim as well as a failure to warn. The Civil Court, New York County, held that plaintiff failed to establish that the bed was not manufactured as intended, that the bed’s design was unreasonably dangerous, or that the warnings provided by the defendant manufacturer were deficient. Sean Broderick prepared the motion papers.

●   New York Workers' Compensation Law, 120 Retaliation:

The firm recently prevailed in defending a client, both at hearings and on appeal, against claims by a former employee of retaliatory termination under New York Workers’ Compensation Law § 120. After a three day hearing, the Administrative Law Judge issued a decision from the bench dismissing the employee’s claim of retaliatory termination; the Judge indicated that the defendant employer had come forth with credible evidence that the employee was terminated due to her violation of written work place policies by missing work for 3 consecutive days without informing the employer beforehand. On appeal by the employee, the Workers’ Compensation Board upheld the decision of the Administrative Law Judge in its entirety.

●   Negligent Supervision of After School Program:

The firm recently prevailed on a motion for summary judgment dismissing negligence claims and cross-claims for indemnity and contribution against a not-for profit educational institution.  The Supreme Court, Bronx County, held that the educational institution could not be held liable to an infant plaintiff injured while participating in an after school program on premises owned by the City of New York absent evidence that it created or implemented the program and exercised control over its student volunteers who operated the after school program. Melissa Walters prepared the motion papers.

●   Negligent Removal, Placement & Supervision in Foster Care Placement:

The firm recently won an appeal in the Appellate Division, First Department, unanimously reversing the lower court's denial of summary judgment to the Administration for Children's Services (ACS) and a foster care placement agency for alleged negligence in the removal, placement and supervision of an infant plaintiff who was allegedly sexually abused by a foster parent in the foster parent's residence. The Appellate Division determined that ACS acted in good faith in the  investigation and removal of the infant plaintiff and that placement in a foster home certified by the foster care agency was in compliance with the Social Services Law of the State of New York. Negligence could not lie absent prior notice of the foster parent's propensity to commit sexual abuse and here the foster parent had previous foster care placements without incident. Melissa Walters prepared the motion papers and Paul Howansky drafted the appeal.

●   Wrongful Death:

The firm recently won an appeal in the First Department, unanimously reversing the lower court's denial of summary judgment to the construction manager and building owner for the alleged absence of a window opening limit device called for in the contract with the non-party window installer. The decedent fell to his death several years after the job was completed and delivered to the owner with the architect's approval. The Appellate Division held it was just as likely the decedent's fatal fall had nothing to do with the alleged defects in the window/sliding-glass door assembly as that it did. Glenn A. Monk handled the underlying case and Paul Howansky prepared and argued the appeal.

●   Construction Accident – Labor Law §200:

The firm recently won its appeal in a construction accident high-exposure case, Hughes v. Tishman Westside Construction et al., wherein the Appellate Division, First Department, reversed the lower court's denial of summary judgment on the issue of Labor Law § 200.  The First Department stressed that the assistant superintendent's alleged comment to plaintiff to "hurry up" was not sufficient to establish the requisite supervision and control necessary to impose liability.  The decision also helps clarify the law as it exists in the First Department as to what is required to trigger liability under Labor Law § 200.  Paul Howansky drafted and argued the appeal. 

●    Subrogation/Property Damage – Fire Loss:

The firm recently obtained a dismissal of a $5.1 million subrogation/property damage action based upon waiver of subrogation and anti-subrogation grounds.  Supreme Court Justice Carol Edmead found the waiver of subrogation provision enforceable and applicable notwithstanding plaintiff's argument that the waiver could not apply to the allegations of gross negligence and breach of contract. Kevin Harrington, Paul Howansky and Melissa Walters worked on the motion papers.

●    Contractual Indemnification:

The firm recently won summary judgment on its contractual indemnification claim over and against plaintiff's employer in a high-exposure Labor Law case.  The firm was able to obtain the order of indemnification despite the fact the contract containing the indemnity provision was dated and signed several weeks subsequent to the accident.  It was argued that an established course of conduct between the two contracting parties sufficient to demonstrate an intent for the indemnity agreement to apply for the entire time period the subcontractor worked at the project, and not just from the date of the agreement.  The order of indemnification led to the securing of $2 million used towards the settlement of the action. Paul Howansky prepared the motion papers and participated with Adam Greenbergin in the trial of this action. 

●    Civil Procedure:  Change of Venue, Improper Parties:

The firm recently won its motion to dismiss a high-profile real estate developer and construction company from a Labor Law action and contemporaneously were successful in changing the venue of the action from New York County to Westchester County.  Although the motion to change venue was necessarily made after the proscribed 15-day "as-of-right" period, the Court held that it was established that venue was placed on the basis of naming an improper party, and that the motion to change venue should be granted upon the dismissal of the improper party regardless of the expiration of the proscribed 15-day period. Paul Howansky and Julie Hellberg prepared the motion papers. 

Recent Commercial Transactions

●   Represented a partnership in the acquisition and financing of a multi-million dollar portfolio of condominium units in Port Chester, NY.

●   Represented a major national university in the sale of its college campus and in the long term lease of its new campus, both in Westchester County, New York.

●   Represented a partnership in a multi-million dollar acquisition of commercial property in Harrison, New York.

●   Represented a major hotel owner in the sale of vacant land in New York City to a real estate developer.

●   Represented a partnership in the acquisition of mixed-use property in Westchester County.

Current Events

●   Professional Lectures/Presentations :

Glenn A. Monk was Co-chair of State-wide CLE program “Premises Liability – What You Need to Know in New York”, and lectured as Chair of NYC Program on “Intruder/Negligent Security Cases”, April 2011.

Kevin J. Harrington lectured at State-wide CLE program “Premises Liability – What you Need to Know in New York”, on Property Damage Claims, NYC, April 2011.

Paul Howansky recently lectured at the 2010 NYSBA-sponsored program to insurance industry professionals continuing education program, “Law School for Claims Professionals 2010”, on Legal Procedures and their Impact on the Claims Process”, including collateral sources, joint and several liability, summary judgment motion procedures, appellate practice and venue considerations.

Glenn Monk and Paul Howansky both were selected to lecture at the NYSBA sponsored program to insurance industry professionals continuing education program, “Law School for Insurance Professionals, 2008”, on Premises Liability Issues & Trends, and Additional Insured Issues, respectively. 

Kevin Harrington was a guest lecturer at Fordham University School of Law on trial evidence for law students.

●   Client Training Seminar:

Adam Greenberg and Paul Howansky recently lectured for construction company field teams, brokers and safety consultants on accident investigation preservation of evidence and construction law principals.

Adam Greenberg, Paul Howansky and Glenn A. Monk provided field training seminar to general contractors, construction managers, field personnel on New York Labor Law and Preservation of Accident Scene Evidence and Investigation.

Adam Greenberg and Glenn A. Monk provided client in-house training seminar to brokers and safety professionals on accident scene investigation, and spoliation and preservation of evidence.

Glenn A. Monk presented a seminar for an insurance company client's "Lunch & Learn" in-house training series on Complex Regional Pain Syndrome and Reflex Sympathetic Dystrophy, a neurological disorder that if proven can lead to extremely high exposure. Similar seminars for clients have been given by the firm's attorneys on insurance coverage, construction accident claims, subrogation, and other topics.

●   Field Site and Technical Training Sessions:

  • The firm represents the Owner/Developer, Construction Manager and trades involved in rebuilding the World Trade Center site and towers. Our Construction Practice attorneys who are defending these claims have toured the WTC site and towers with project safety personnel to obtain first hand knowledge of the building and safety practices employed on this specific project to enhance our team’s ability to investigate, handle the discovery and ultimately favorably resolve accident claims.
  • Glenn Monk and Paul Howansky were panelists at the 2011 Association of General Contractors, New York Chapter’s 2011 Annual Construction Industry Conference addressing risk management and safety issues for management, supervisors, and foremen working at a construction site. Other panelists included Insurance and Safety professionals addressing control of risk from a field, insurance, and liability perspective.
  • Our Construction Practice Group recently attended a field site visit of a client’s high rise construction site.  The training session was run by a risk assessment and construction safety expert who works closely with the firm and our clients and focused on the common risks and safety measures at a construction site that our attorneys frequently see in the accident cases we defend. The technical training enables our attorneys to focus on the kinds of strategies in questioning and defense planning that is necessary to best employ the legal standards applied in this area.