Category: Uncategorized

Second Department Reverses Lower Court and Denies Plaintiff’s Motion for Summary Judgment on Labor Law §240(1) Claim In Case Involving Worker’s Fall From Ladder

In a decision dated April 27, 2022, the Appellate Division, Second Department reversed the Order of the Supreme Court, Queens... View Article

On April 26, Stephen M. Cohen and Thomas J. Hall lectured at a seminar for Lafayette Metal & Glass Company entitled “Best Practices for Post-Accident Investigation” in New York, New York.

Court Dismisses Complaint in its Entirety as to Defendant Housing Corporation

In a decision dated November 23, 2021, Hon. Frederick Sampson dismissed the plaintiff’s complaint as to our client, Forest Hills... View Article

Court Dismisses Plaintiff’s Labor Law §200 and Common Law Negligence Claims as to Owner and Awards Owner Summary Judgment Against Plaintiff’s Employer on its Breach of Contract and Contractual Indemnity Claims in Construction Accident Case

In a decision dated April 26, 2021, the Honorable Lucindo Suarez of Bronx County Supreme Court granted our client EIB... View Article

Court Finds That Contract Provision Requiring Indemnity for Claims “Arising Out Of” the Work is Triggered Where Third-Party Defendant Returns to Work Site to Resolve a Contract Dispute

In a decision dated November 24, 2020, the Honorable Frederick D.R. Sampson of Queens County Supreme Court awarded our clients... View Article

Court Dismisses Labor Law Complaint In Its Entirety As To Defendants Where Plaintiff Was Injured By A Sawzall While Lying On Ductwork Attached To The Ceiling

In a decision dated May 15, 2020, Justice Lucindo Suarez of Bronx County Supreme Court granted our clients, 1515 Broadway... View Article

Court Dismisses Claims Against Co-General Contractor Which Lacked Control Over Accident Location and Grants Contractual Indemnification Claim Against the Plaintiff’s Employer

In a decision dated February 6, 2020, the Hon. Barbara Jaffe granted our client, The Pike Company, Inc., summary judgment... View Article

Contractor Entitled to Dismissal of Labor Law Claim Premised Upon Industrial Code Rule 23-1.7(d) as Cited Rule Held Inapplicable

In a decision dated January 13, 2020, the Hon. Carol Edmead granted our client Skanska USA Building Inc. summary judgment... View Article

In Memoriam: Richard Schmedake (1965-2019)- The partners and staff of Fabiani, Cohen & Hall are saddened by the death of their colleague who was with the firm since 2017. He was a skilled attorney who began his career as an assistant district attorney for many years before transitioning to civil litigation where he specialized in general liability defense, including construction law and insurance coverage. He was a wonderful person and we will truly miss him. Our hearts go out to his family at this difficult time.

On December 13, Thomas J. Hall lectured at a seminar for Travelers Insurance Company entitled “Strategies for the Effective Defense of Traumatic Brain Injury Cases,” in New York, New York.