Senior Associate Edoardo “Eddy” Maffia Obtains Summary Judgment and Dismissal in Labor Law Action.

Senior Associate Edoardo "Eddy" Maffia successfully obtained summary judgment and the dismissal of all claims against the firm’s client in a Labor Law case in New York Supreme Court. The litigation in question involved a claim where the Plaintiff, an employee of our client, asserted that he sustained injuries after coming into contact with a curtain wall brace that was positioned outside the client’s shanty at a construction site. The Plaintiff alleged to have suffered significant injuries, necessitating multiple surgeries due to the alleged incident.

Mr. Maffia filed a motion for summary judgment to dismiss the third-party action against the client employer, contending that they were not only free from negligence but also that no circumstances existed that would trigger the indemnification contemplated in a contract with the co-defendant. Following a highly intricate oral argument, the Court fully concurred with Mr. Maffia’s stance and issued an Order dismissing all claims and cross-claims against the client, thereby averting a potential multi-million dollar verdict or settlement.

Interpreting and understanding the language and judicial interpretations of indemnity clauses in Labor Law claims at the outset of litigation positioned our client for success. The triggers for indemnity frequently differ in the contractual language used by the parties involved in a lawsuit, and BMM takes pride in developing a defense strategy early on to cultivate successes like this case.  The firm employs early case analysis as a key performance indicator (KPI) to assist our clients in attaining outstanding results.

#LaborLaw #ForTheWin  #BMMFirm