News and Insights

Black Marjieh & Sanford News and Insights

BMLS Attorney Evan Rudnicki Obtains Multiple Dismissals on behalf of Clients

BMLS attorney Evan Rudnicki successfully obtains dismissal for general contractor in NY Labor Law action.
Diaz v. Pinnacle Engineering P.C., et al. (Queens County) – Plaintiff brought a NY Labor Law action against several Defendants including BMLS’ contractor defendant, alleging that he fell on a hazardous condition at the job site and sustained lumber fusion as a result. The Court dismissed plaintiff’s NY Labor Law action based upon plaintiff’s willful and contumacious failure to prosecute the action after a social media investigation exposed him for engaging in significant physical activities and running a side business, which was contrary to his deposition testimony that he was disabled and could not perform activities of daily living.

BMLS attorney Evan Rudnicki successfully obtains voluntary dismissal for engineering client in death case.
Brooks v. Iacono, et al. (Kings County) – Plaintiff decedent’s estate alleged that the decedent fell from a ramp, causing personal injuries and resulting in her death. Evan successfully secured a voluntary discontinuance on behalf of its engineering client, on the grounds that it had no involvement in causing an incident as the engineer had last performed work at the incident location two and one-half years prior to the incident in a different area than where the ramp was constructed.   

BMLS attorney Evan Rudnicki successfully obtains voluntary dismissal for contractor in NY Labor Law action.
Keaveny v. Consolidated Edison, et ano. (Suffolk County) – Plaintiff commenced suit alleging negligence against Defendants for tripping over a hose at a construction site. All claims against BMLS client were dismissed after extensive discovery revealed that its materials and equipment were not the cause of the accident.  Instead, BMLS was able to successfully demonstrate through deposition testimony, photographs and documentary discovery that the hose plaintiff tripped over belonged to another contractor at the project. 

Marnie Piazza