Eileen Fullerton and Jason Aaron won summary judgment for their client, a façade restoration contractor, dismissing the plaintiff’s complaint and co-defendants’ crossclaims in their entirety. The co-defendants in this case were the building owner and the tenant of the building.
The case, brought in Nassau County Supreme Court, involved an accident in which the plaintiff claimed to have slipped fallen on ice on a sidewalk underneath scaffolding erected for use by our client to perform exterior restoration work on a high-rise building in Manhattan. The plaintiff alleged that the dangerous condition on the sidewalk was created by our client’s façade work, however, Fullerton Beck successfully argued that our work neither caused nor contributed to the dangerous condition, and that our client did not breach any duty of care to the plaintiff.
The plaintiff was unable to refute our arguments that our client could not be held liable absent proof of any wrongdoing, and the court dismissed all of the plaintiff’s claims. Similarly, the co-defendants’ crossclaims for indemnification and contribution against our client were dismissed in their entirety, with the Court finding that they were not entitled to any relief against our client, which the Court had found was not at fault for the accident.