Oct 20th, 2023

FKB’s Andrew Kowlowitz And Salvatore Lapetina Obtain Summary Judgment Dismissal Of Property Damage And Contractual Claims On Behalf Of Contractor

FKB’s Andrew Kowlowitz and Salvatore Lapetina successfully obtained summary judgment and dismissal of property damage and contractual claims against FKB’s client, a contractor, in the Commercial Division of New York County Supreme Court.

In its motion for summary judgment, FKB successfully argued, among other things, that all claims for property damage and breach of contract claims for liquidated damages against FKB’s client required dismissal. Plaintiff, a property owner in New York City, claimed that its condominium suffered damages during the course of demolition, excavation, and construction of a building on a neighboring property as a result of the negligence of several contractors. Following extensive investigation, discovery, and expert analysis, FKB successfully argued that specific claims of property damage were either unrelated to FKB’s client’s work or occurred prior to and after FKB’s client performed its work. FKB further argued that FKB’s client was not responsible for any liquidated damages pursuant to contract, as FKB established its client was not responsible for the delays giving rise to liquidated damages, nor did FKB’s client breach its contract. The Court agreed that FKB’s client was free from negligence, dismissing Plaintiff’s claims as well as contribution and common law indemnity claims asserted by various contractors. Accordingly, the complaint and all third-party complaints were dismissed as against FKB’s client.

If you have any questions about this decision, or the defense of construction and property damage actions in general, please contact Andrew Kowlowitz or Salvatore Lapetina.