The First Department has reversed a trial court ruling dismissing a third-party action where an architect claimed that a contractual indemnification clause in its agreement with the sponsor of a condominium development was of no consequence. In Board of Managers of Hester Gardens v. Well-Come Holdings, LLC, 128 A.D.3d 601,…
Earlier, we reported on a Commercial Division case, Minelli Construction Corp. v. WDF Inc., et al., N.Y. Co. Index No. 105989/2011, in which a trial court upheld the commonly found clause in construction contracts which allows a party who terminates a contractor or sub-contractor for cause to automatically convert the…
When can an architect or engineer be held responsible for damage to a neighboring building caused by excavation for a project they designed? That question was addressed by two recent appellate division decisions, in which the courts considered the level of the design professional’s involvement, and the theory under which…
The Kings County Supreme Court has once again dismissed, on statute of limitations grounds, an action commenced by Save the View Now (“STVN”) against the Pierhouse hotel/condo complex currently being built in Brooklyn Bridge Park. STVN previously sought a temporary restraining order and a preliminary injunction halting construction of the…
Given the steadily rising costs of attorneys’ fees, it is not surprising that the awarding of fees has recently been the focus of numerous judicial opinions. In fact, earlier this year, the New York Court of Appeals handed down two decisions on the same day regarding prevailing parties and awards…
Summary dismissal of a mechanic’s lien is a tricky business. It is fundamental that a mechanic’s lien may be summarily discharged only for defects appearing on its face. Di-Com Corp. v. Active Fire Sprinkler Corp., 36 A.D.2d 20, 21, 318 N.Y.S.2d 249, 250 (1st Dept. 1971). In fact, Section 19(6)…
In 1979, the Court of Appeals issued its ruling in Immediate v. St. John Queens Hospital, 48 N.Y.2d 671 (1979), wherein the Court held that a bare assertion of a statute of limitations defense in an answer would be sufficient to withstand the pleading particularity requirements of CPLR 3013. 48…
Contractors accustomed to filing mechanic’s liens to secure their claims for payment may be surprised when they find themselves working on a project where they have no lien rights, despite the broad scope and intent of the Lien Law. In a recent decision, Justice Charles Ramos of the Commercial Division,…
Apparently, there is no fury greater than that of a person who just spent close to $100 to watch a long-awaited boxing match on Pay-Per-View (“PPV”) that did not live up to the hype. PPV viewers in at least six states have filed putative class action lawsuits arising out of…
The New York Court of Appeals has recently addressed the often vexing issue of whether there is insurance coverage for water damage to a residential property. In Platek v Town of Hamburg, 2015 NY Slip Op 01483 (Feb. 19, 2015), the plaintiffs’ home was damaged after a subsurface water main…