Case Details
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 OBTAINS SUMMARY DISMISSAL OF THE CITY OF NEW YORK BASED ON IMMUNITY DEFENSE March 25, 2024
Cornell Grace is pleased to report a summary judgment and appellate win for its longtime client, the City of New York, in a high-value personal injury lawsuit. The case involved a plaintiff who, while training for a marathon, disregarded a “Don’t Walk” sign and was struck by a vehicle in the intersection of 9th Avenue […]
Learn moreCORNELL GRACE DEFEATS SUMMARY JUDGMENT ON LABOR LAW 241(6) CLAIM IN NOTABLE DECISION FOR LABOR LAW PRACTITIONERS August 11, 2023
A worker sued Cornell Grace’s client, a construction manager, claiming he was injured in an unwitnessed accident in which he says he slipped on a patch of ice on the project site. Discovery revealed no other evidence of the alleged ice. The worker alleged violations under the New York Labor Law and moved for partial […]
Learn moreCORNELL GRACE WINS SUMMARY JUDGMENT BASED ON ESPINAL AND CLIENT’S LACK OF DUTY TO PLAINTIFF IN 40-CAR PILE-UP April 11, 2023
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 moreCORNELL GRACE WINS ADDITIONAL INSURED COVERAGE AND IMMEDIATE DEFENSE FOR CONSTRUCTION CLIENTS September 16, 2022
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 moreCORNELL GRACE WINS SUMMARY JUDGMENT IN ELEVEN-YEAR MULTI-MILLION-DOLLAR INJURY CLAIM BY UNION ELEVATOR MECHANIC August 3, 2022
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 moreCORNELL GRACE ACHIEVES HIGHLY FAVORABLE PRE-TRIAL RESULT FOR CONSTRUCTION DEVELOPER CLIENT IN FIRST PARTY INSURANCE DISPUTE WITH CARRIER July 6, 2022
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 […]
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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.
Learn more 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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