BMLS Partners Sheryl Sanford and Dana Marjieh Obtain Pre-Discovery Dismissal for Engineer in NY Labor Law Case
Veloso v. Scaturro Brothers, Inc., et al. (New York County) - Plaintiff sued multiple Defendants in a NY Labor Law case claiming that he was injured at a construction site, sustaining severe injuries due to Defendants’ alleged failure to provide adequate and proper protection. In an effort to relieve their client of costs associated with multi-party NY Labor Law litigation, Sheryl and Dana moved to dismiss the complaint on the basis that their client did not owe a duty to plaintiff and cannot be considered a NY Labor Law defendant as a matter of law, since it did not exercise supervisory control over plaintiff’s work and neither created nor had actual or constructive knowledge of the allegedly dangerous condition. Sheryl and Dana outlined all aspects of the underlying contracts, which the Court relied upon to establish that their client was entitled to dismissal of all claims against it.