Plaintiff, a plumbing maintenance employee, claimed injury from an alleged trip over construction materials. He sued a defunct entity that owned the building where the accident occurred. He also sued the general contractor and the scaffolding subcontractor under the New York State Labor Law. Cornell Grace represented all defendants.
The Workers Compensation Law bars employees from suing their employers for worksite injuries where the employer has provided workers compensation benefits (unless the employee suffers a “grave injury”). In this matter, Cornell Grace established on a Motion to Dismiss that the entity plaintiff had sued was, in fact, plaintiff’s employer, and the claim was therefore barred. The Labor Law claims were also dismissed due to the fact that plaintiff was performing routine maintenance and therefore not in the class of workers entitled to protection under the statute. Plaintiff appealed, and the Appellate Division, Second Department, affirmed the decision of Supreme Court, Queens County, Justice Sidney Strauss that had dismissed the claims against the institution. Click for Link to the Decision; see Phillips v. Bovis Lend Lease, 103 A.D.3d 698, 960 N.Y.S.2d 140; 2013 N.Y. App. Div. LEXIS 906; 2013 NY Slip Op 899 (2d Dep’t 2013).
Plaintiff was left only with common law negligence claims against the contractors, and a favorable settlement resulted.
Since 2017, Cornell Grace has been defending a subcontractor that was involved in a 40-car accident on the LIE as it was working to assist in cleanup after Hurricane Sandy. Multiple plaintiffs included the subcontractor as a defendant in their actions, even though it did not cause the accident and did not have any direct […]Learn more
In 2016, Cornell Grace was retained to defend two of its construction clients, an owner and construction manager/general contractor, in a personal injury action brought by the employee of a subcontractor who claimed to have been seriously injured. The worker claimed to have tripped on a piece of electrical wire that appeared to have been […]Learn more
In a case filed in 2011, Plaintiff, a union elevator installation mechanic, claimed he was severely injured when he slipped on oil while unloading a thousand-pound jack from a delivery truck. Among other defendants, Plaintiff sued the elevator company that had loaded the heavy components onto the truck. After fighting for its client for ten […]Learn more
In mid-2021, Cornell Grace, P.C. was retained by a New Jersey-based developer (“Developer”) that had just received a coverage disclaimer from its insurer, a large, well-known general liability carrier. The carrier had been defending Developer for more than two years in a high-value personal injury action arising out of a worksite injury to a subcontractor’s […]Learn more
The law firm of Cornell Grace, P.C. often represents owners, developers and prime/general contractors.Learn more
This decision has major implications in limiting Labor Law claims in street defect cases.Learn more
Plaintiff claimed injury from an alleged trip over construction materials.Learn more
One of Cornell Grace’s specialties is insurance coverage litigation.Learn more
The law firm of Cornell Grace, P.C. won summary judgment on behalf of its client.Learn more
Firm founder Janet O’Connor Cornell served as lead counsel throughout the five-year litigation.Learn more
Cornell Grace, P.C. is committed to providing clients with the highest quality legal representation while maintaining the hands-on personal service of a boutique law firm. We handle cases vigorously, with painstaking attention to detail at every phase, always working in pursuit of the best resolution for our clients.