Construction Accidents & NY Labor Law
Proficiency in construction law and accident site litigation has long been the cornerstone of MMP&S. Our construction accident group handles everything from the catastrophic crane collapse to the more routine worksite slip-and-fall. We are regularly retained in the highest profile construction matters and have made a significant contribution to the continued development of New York’s Labor Law by virtue of dozens of appellate decisions, including critical Court of Appeals’ decisions decided in favor of our insurance and construction clients.
Very often the most critical challenge in construction litigation is the accurate and efficient identification, assertion, and management of claims by and against co-defendant owners, general contractors, and subcontractors. Our team focuses on risk transfer to decrease exposure from both a damages and defense cost perspective. Together with our insurance coverage team, we focus on procuring additional insured coverage by analyzing applicable insurance policies and contracts among the parties. We pursue all avenues of contractual indemnification, additional insured status and “1B” pass-through via New York’s “grave injury” statute. If liability rests with our client, our trial team focuses on reducing damages by retaining the most qualified expert witnesses and conducting dogged investigation to demonstrate that the plaintiff’s injuries are being overstated.
MMP&S RECOVERS LEGAL FEES AFTER SECURING SUCCESSFUL TENDER IN LABOR LAW CASE - 2021
In Eugene Sternkopf v. Icon Interiors, Inc. et al, MMP&S tendered the defense of our client, a general contractor on a large construction site, to the plaintiff’s employer. The lawsuit involved a significant injury when the plaintiff fell from a scaffold. The plaintiff’s employer and its insurer initially denied the tender that was issued. MMP&S then commenced a third-party action. After the plaintiff exchanged the Bill of Particulars and other important information concerning how and why the accident happened, MMP&S re-tendered our client’s defense based upon the new information. This time the plaintiff’s employer and its insurance carrier not only agreed to defend and indemnify MMP&S’ client, but the insurance carrier also agreed to pay all of MMP&S’ past legal bills associated with MMP&S’ defense of the general contractor.