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Flannery and Hattar Obtain Dismissal of Third-Party Complaint in Labor Law Action

June 3, 2013

John Flannery (Partner-White Plains) and Jacqueline Hattar (Partner-White Plains) have obtained a voluntary dismissal of a third-party complaint in a labor law action on behalf of a Brooklyn-based corporate client in the New York State Supreme Court, Suffolk County.  The plaintiff, a 30-year-old electrician, alleged that while installing electrical wires inside the basement of a residential home that was under construction, sheetrock fell on him. He alleged that the defendants violated Labor Law §§ 200 and 241(6). As a result of the accident, the plaintiff sustained a fractured leg and knee, which required multiple surgeries. The defendant was impleaded by the subcontractor, who claimed that the defendant’s employee negligently stored and secured the sheetrock against the wall in the basement, causing it to fall on the plaintiff.

Based upon the results of our investigation, the documentary evidence submitted, and admissions which we were able to elicit during the deposition of one of the employees of the subcontractor, the Wilson Elser defense team was able to establish that the subcontractor’s employees had stacked the sheetrock against the wall in the basement the day before the alleged accident. The plaintiff’s settlement demand was $5 million. The underlying action is continuing against the general contractor and the subcontractor.

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