Fullerton Beck Secures Summary Judgment Dismissing All Claims Against Subcontractor in Bronx Construction Accident Case

Fullerton Beck attorney Hunter Criscone successfully obtained summary judgment dismissing all claims and cross-claims against its subcontractor client in a Bronx County construction accident action involving alleged violations of New York Labor Law §§ 200 and 241(6). The court granted the firm’s motion in full, finding that the plaintiff’s accident did not arise from any work performed by the client and that the client bore no responsibility for the alleged hazardous condition.

The plaintiff, a mason, claimed he was injured after slipping on cinderblock debris within a pool of water on the interior floor of a film studio and commenced suit against the owner, general contractor, and several subcontractors, including Fullerton Beck’s client. The owner and general contractor also sought contractual indemnification claiming that the loss arose out of our work.

Through early investigation and a strategic litigation approach, Fullerton Beck established that its client, retained solely to install lightweight concrete insulation on the roof, had not begun its work at the time of the incident, did not perform work in the area where the fall occurred, and did not utilize cinderblock materials. The firm further demonstrated that persistent water infiltration at the site resulted from an incomplete roof condition for which the general contractor was responsible.

Relying on these undisputed facts, Fullerton Beck successfully argued that its client neither created nor had a duty to remedy the condition alleged to have caused the accident, and that the claims for contractual indemnification were without merit. After several years of litigation, the court agreed, holding that the client was not negligent and that the incident did not arise out of its work, resulting in dismissal of both the complaint and the second third-party complaint in their entirety.