Fullerton Beck Secures Dismissal for Maintenance Contractor in High-Profile Negligence Action

Fullerton Beck attorney Heather Julien secured summary judgment, dismissing all claims against a maintenance contractor in a negligence action pending in New York Supreme Court.

The case arose from the tragic death of a 26-year-old resident of a New York City family shelter, whose young child was later found alone in the room several days after her passing. The child’s father commenced the action individually and on behalf of the infant, asserting negligence claims against multiple defendants, including the shelter, The City of New York, and Fullerton Beck’s client, which provided maintenance services at the facility.

Throughout the litigation, Fullerton Beck maintained that the maintenance contractor had no responsibility for resident welfare, security, supervision, census checks, or any of the duties that formed the basis of the plaintiffs’ claims. Following the completion of discovery, the firm moved for summary judgment seeking dismissal of all claims against its client.

Significantly, the plaintiffs did not oppose the motion. Instead, they directed the court to rely on their separate summary judgment motion against the shelter, in which they alleged that the shelter alone was responsible for the failures that led to the incident. At oral argument, plaintiffs reaffirmed that position.

The court agreed and granted summary judgment in favor of the maintenance contractor, finding no basis to impose liability on a company whose role was limited to maintenance services, and which had no duty to perform the resident-monitoring functions at issue in the case.

As a result of the ruling, our client was dismissed from the action in its entirety, while claims against the remaining defendants continue.