FKB’s Andrew Kowlowitz and Salvatore Lapetina successfully obtained summary judgment and dismissal of third-party claims against FKB’s client, a contractor, in Kings County Supreme Court.

In its motion for summary judgment, FKB successfully argued, among other things, that all common law and contractual indemnification and insurance claims against FKB’s client were barred. Plaintiff alleged that while performing work at a construction site, he was caused to slip and fall on ice and snow, causing a metal plate he was carrying to fall on him. Plaintiff alleged violations of New York’s Labor Law §§ 200, 240(1), and 241(6). Defendant general contractor brought third-party common law and contractual claims against FKB’s client, who, after a Workers’ Compensation Board hearing, was found to be the injured plaintiff’s employer. FKB successfully argued that having been deemed plaintiff’s employer, the general contractor’s common law claims were collaterally estopped pursuant to Workers’ Compensation Law §11, and that the general contractor had a full and fair opportunity to litigate the finding before the Workers’ Compensation Board.  Moreover, the Court agreed that the contract between FKB’s client and the general contractor did not provide for indemnification or insurance coverage, and dismissed the contractual claims as well. Accordingly, the third-party complaint was dismissed as against FKB’s client.

If you have any questions about this decision, or the defense of labor law actions in general, please contact Andrew Kowlowitz or Salvatore Lapetina.