DSB successfully obtained a discontinuance with prejudice on a New York state Labor Law claim after filing a Motion for Summary Judgment. Plaintiff, a carpenter, alleges he was injured when improperly secured metal railings fell on him. After numerous depositions, DSB developed the evidence to show that our client did not supervise or direct the work and it did not create the dangerous condition. Using the same rationale, DSB showed that the indemnity clause between our client and the GC/owner was not triggered. The Motion for Summary Judgment was filed pre-Note of Issue. During the pendency of the motion, DSB obtained a discontinuance of all claims.
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