Greg Dell (Partner-New York) and Katie Gray Howells (Associate-New York) secured summary judgment for the firm's client, the owner and manager of street retail, in a Labor Law case in Kings County Supreme Court involving an accident that occurred during construction of a particular condominium unit, which was previously owned by the client but sold prior to the date of incident. The plaintiff relied on certain filings by the client relative to a commercial condo unit it still owned in the building to create a question of fact as to whether the client still maintained control over the residential unit. The plaintiff opposed our motion for summary judgment, and codefendants requested leave at argument to also oppose the motion. Greg and Katie were able to convince the court that all opposition arguments were without merit. Specifically, they credibly reconciled the documents plaintiff was relying on to create a question of fact and convinced the judge that they pertained only to the commercial portion of the premises. They also made clear to the judge that no amount of discovery would change the outcome of the client's entitlement to summary judgment, which convinced the judge that our motion was not premature, as had been argued by the plaintiff. The judge ultimately ruled on the record that summary judgment was granted and issued a short form order to that effect, dismissing all claims in their entirety.
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