Cullen and Dykman Construction Litigation Team Secures Unanimous Appellate Victory Overturning Lower Court Decision in Multi-Million Dollar Labor Law Action

The Cullen and Dykman Construction Litigation Team secured a unanimous victory in the Appellate Division, First Department, on behalf of the Firm’s construction client. The team consisted of Partner/Construction Litigation Chair Christopher Ruggiero, along with partner Adam Del Vecchio and associate Patrick Kelly. Plaintiff alleged that he was struck by a taxi while retrieving construction materials on East 30th Street near the construction project. Cullen and Dykman had previously obtained dismissal of plaintiff’s Labor Law §§ 240(1) and 241(6) claims. After court-ordered depositions were completed, Cullen and Dykman moved to renew its request for dismissal of the remaining Labor Law § 200 and common-law negligence claims, relying on testimony that the client did not supervise or control plaintiff’s work or the delivery at issue. When the Supreme Court denied renewal, Cullen and Dykman appealed and argued that the testimony was not available when the original motion was decided and went directly to the issues the court had left open.

The First Department agreed with our arguments, unanimously reversed, and granted the motion. All remaining claims against our client were dismissed.

About Cullen and Dykman LLP

Cullen and Dykman LLP is a full-service law firm that clients have trusted to deliver top-tier, cost-effective legal services since 1850. With nearly 200 attorneys in eight offices, the firm serves clients across the Eastern United States and is strategically positioned to meet their changing needs and demands.