Cullen and Dykman Construction Team Secures Full Dismissal on Summary Judgment of Labor Law Case Nearing 8-Figures

The Cullen and Dykman Construction Litigation Team secured full dismissal of a plaintiff’s Labor Law personal injury action on behalf of the Firm’s construction clients. The team consisted of Partner/Construction Litigation Chair Christopher Ruggiero, along with partners Adam Del Vecchio and Jacqueline Ferszt, and associate Brikena Radoniqi. Plaintiff (38 years-old) alleged to have sustained serious injury resulting in multiple surgeries including a three-level cervical fusion, after falling on a construction site in New York City.  Cullen and Dykman moved for summary judgment on the issue of liability and argued that the plaintiff was responsible to clear the snow/ice condition he alleged to have caused his accident. Affirmations were secured from the employer that this instruction was given to plaintiff that morning, receipts for purchase of snow removal/de-icing equipment and materials on the project, as well as the contractual obligation of the employer to do so, were included in the motion.  An expert confirmed that based on the weather reports, the claimed snow/ice condition could not have existed at the time of the incident.

The court agreed with our arguments, granting our motion in its entirety, and plaintiff’s complaint was dismissed.

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 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.