Cornell Grace Wins Appeal In Case Implicating Workers Compensation Bar To Suing Employer, And Summary Judgment Dismissal Of Labor Law Claims Since Plaintiff Was Not A Construction Worker February 13, 2013

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.

Cornell Grace Wins Summary Judgment In A-frame Ladder Case – Plaintiff’s Sole Proximate Cause June 27, 2016

A rare dismissal of a plaintiff’s Labor Law claims based on the “sole proximate cause” defense.

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Cornell Grace Wins Summary Dismissal Of Two Subrogation Actions That Improperly Targeted CCIP/OCIP Covered Subcontractors May 19, 2016

The law firm of Cornell Grace, P.C. often represents owners, developers and prime/general contractors.

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Cornell Grace Wins Summary Judgment For City In Case With Important Implications To Limiting Labor Law In Street Repairs, Prior Written Notice, And Notice Of Claim Requirements March 21, 2013

This decision has major implications in limiting Labor Law claims in street defect cases. 

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Cornell Grace Wins Appeal In Case Implicating Workers Compensation Bar To Suing Employer, And Summary Judgment Dismissal Of Labor Law Claims Since Plaintiff Was Not A Construction Worker February 13, 2013

Plaintiff claimed injury from an alleged trip over construction materials.

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Cornell Grace Wins Summary Declaratory Judgment Of Additional Insured Status For Major General Contractor In Catastrophic Labor Law Claim December 2, 2012

One of Cornell Grace’s specialties is insurance coverage litigation.

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Cornell Grace Wins Summary Judgment In $2.9 Million Interference With Contract Case Against Educational Services Provider January 17, 2012

The law firm of Cornell Grace, P.C. won summary judgment on behalf of its client.

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Cornell Grace Wins Defense Verdict In Multi-million Dollar Kings County Labor Law Claim June 10, 2010

Firm founder Janet O’Connor Cornell served as lead counsel throughout the five-year litigation.

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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.