Claims Administration

News & Events

Recent Decisions

●   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. 

Current Events

●   Professional Lectures/Presentations :

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:

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:

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.