In an action involving road milling work in Westchester, plaintiff was the driver of a dump truck and claimed the truck’s brakes failed, causing him to jump from the moving truck, sustaining injuries. FKB’s client was the truck maintenance, repair, and inspection facility who performed maintenance and repair work to the subject dump truck prior to the accident. Plaintiff asserted claims against the municipality and FKB’s client pursuant to New York’s Labor Law and common law negligence.
During the course of discovery, which included various depositions of truck mechanics and non-party witnesses, as well as an inspection of the subject dump truck and expert disclosures, FKB established that FKB’s client did not cause or create, or have actual or constructive notice of, any defective condition with respect to the dump truck’s brake system as alleged by the plaintiff.
Following the close of discovery, on the even of filing a motion for summary judgment, FKB successfully secured a voluntary discontinuance of all claims and cross-claims against FKB’s client, with prejudice.