Notable Wins

Client: DTV Alliance Tech 

Court: New York Supreme Court, Queens County

Trial Attorney:  Stephen J. Alexander, Esq. ???

Brief Attorney:  Alyson L. Knipe, Esq. ???

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff commenced action alleging personal injuries sustained during the installation of a satellite on the roof of his apartment building. Plaintiff, climbed a ladder located inside the apartment to access the roof and fell off the ladder. The complaint was dismissed as to our client, DTV Alliance Tech when we successfully argued that the DTV could not be found vicariously liable for accident as the installer was an independent contractor.

Client: Vas & Sons ???

Court: New York Supreme Court, Kings County 

Trial Attorney:  Stephen J. Alexander, Esq. ???

Brief Attorney:  Alyson L. Knipe, Esq. ???

**Results may vary depending on your particular facts and legal circumstances**

We represented the third party subcontractor who was hired to build concrete steps in front of the building and to repair the construction fence that was damaged during Super Storm Sandy. Plaintiff alleged that he was hired to assist in the repair of the portion of the fence in the rear of the property and that he was carrying a piece of plywood when he fell off the foundation wall. Summary judgment dismissing the third party complaint was granted. On the contractual indemnification claim, the court agreed with our position that the contractual indemnification provision of the contract only applied to the masonry work on the front stairs and not the repair to the fence surrounding the perimeter of the work site. The court also granted dismissal of the common law indemnity claims stating that in order for common law indemnification to apply to an plaintiff’s employer, it must be shown that plaintiff suffered a grave injury and there was no evidence provided by Raz/PG of a grave injury. They also dismissed the breach of contract for failure to procure insurance claim since plaintiff’s accident was not connected to the work Vas & Sons was contracted to perform.

Client: GGB, LLC

Court: U.S. District Court for the District of New Jersey

Trial Attorney:  Ralph R. Smith, 3^rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff, a former employee of defendant, GGB, LLC (“GGB”), brought suit alleging violation of the FMLA and ADA.

Defendant, GGB, LLC, had a policy in place where employees must report absences and FMLA leave requests through a hotline maintained by a third party. Unexcused absences, per GGB policy, are assessed a point value per occurrence. All employees, including plaintiff, were made aware of this policy.  Once nine (9) points are accumulated, termination is mandatory. Plaintiff reached this maximum in October 2016 which resulted in his termination from GGB.  In his lawsuit, Plaintiff claimed that GGB was required to do more to accommodate his disability prior to utilizing its absenteeism policy to terminate his employment.

In advance of any trial, the court granted summary judgment on behalf of GGB, LLC finding (1) no interference or retaliation against plaintiff as to his FMLA allegations and (2) no disability discrimination, no failure to accommodate and no retaliation against plaintiff as to his ADA/NJLAD allegations. The Court determined that GGB validly applied its absenteeism policy to terminate Plaintiff’s employment without violating either the ADA or FMLA.

To read the opinion, please click here.

Client: E.G. Emil & Son, Inc.

Court: National Labor Relations Board

Trial Attorney:  Ralph R. Smith, 3^rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

A local union filed an unfair labor practice charge with the National Labor Relations Board claiming our client, E.G. Emil & Son, Inc., did not engage in good faith negotiations over the effects of the client’s sale of its business and the termination of its operations.

Upon review, the National Labor Relations Board rejected the union’s claims and found in favor of E.G. Emil & Son, Inc.

Client: Durand, Inc.

Court: New Jersey Division of Civil Rights

Trial Attorney:  Ralph R. Smith, 3^rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

A charge of gender discrimination was filed against our client, Durand, Inc., by a former employee claiming this his discharge from employment resulted because he was male.

The New Jersey Division of Civil Rights investigated the claim. The Division determined that there was no probable cause to support the employee’s allegation and dismissed the claim in favor of Durand, Inc.