Bruno and Isaacson Obtain Pre-Answer Dismissal of Complaint

Jonathan Bruno and Debbie Isaacson secured a pre-answer dismissal in the Supreme Court, Bronx County of a second third-party complaint asserting claims for contribution and common law indemnification against their safety inspector client.

A defendant contractor sought to hold our client responsible should plaintiff succeed on its labor law claims relating to his job site injuries.  In dismissing the second third-party action, the court adopted the arguments we raised, that pursuant to our client’s contract and the governing building code provisions, it had no authority to control plaintiff’s work or issue any stop work orders.  Moreover, the court agreed that if the defendant contractor was found liable to plaintiff, it would be due to its own negligence.