Attorneys Patrick M. Caruana and Adam C. Del Vecchio Secure Favorable Decision in the Appellate Division, First Department, for Public Transportation Clients

The Cullen and Dykman Construction Litigation Team recently won conditional summary judgment on their contractual indemnity cross-claim and obtained the striking of significant allegations from the plaintiff’s supplemental bill of particulars, from the Appellate Division, First Department, on behalf of the firm’s public transportation clients.

The plaintiff claimed that he was working at an off-site repair facility when a highly pressurized tank from a fire suppression system suddenly released its pressurized contents causing serious injury. The original bill of particulars alleged negligence in the servicing and repair of the tank. We disputed these allegations because the clients did not handle, service, or repair the tank which they contracted to others.

More than a decade after the case was commenced – and just one day before filing the note of issue – the plaintiff supplemented the bill of particulars with new unsubstantiated and unfounded theories of liability that the clients were negligent in bidding out and awarding a contract to a co-defendant.

The Appellate Division, in reversing the lower court, struck these new liability theories because they improperly asserted new causes of action in a supplemental bill of particulars.

The Appellate Division also reversed the lower court in granting the defendants’ contractual indemnification cross-claim, holding that the clients are conditionally entitled to contractual indemnity from the co-defendant who was hired to service and repair the tank.

To view a copy of the Decision: Click Here

About Cullen and Dykman’s Construction Litigation Department

The attorneys in our Construction Litigation department have a long history of representing clients in all phases of construction projects, from contract negotiations and financing transactions to management claims, arbitration, and litigation. In fact, the Brooklyn Bridge owes its famous profile to one of the firm's founding partners who chaired the group that selected John Roebling's world-renowned design.

About Cullen and Dykman

Cullen and Dykman (www.cullenllp.com) has been providing legal services to institutional clients since 1850. The firm represents a wide range of clients, including banks and other financial institutions, energy, telecommunications and water companies, construction companies, insurers, educational institutions, religious organizations, and not-for-profits. With over 190 attorneys in seven offices located throughout the Northeast and Mid Atlantic regions, Cullen and Dykman is strategically positioned to meet the changing needs and demands of our clients.