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With Appellate Victory, CG&P Secures Dismissal in Fatal Building Collapse Case

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With Appellate Victory, CG&P Secures Dismissal in Fatal Building Collapse Case

CG&P’s client was a Church who owned property adjoining a construction site with an open excavation. The Plaintiff’s decedent was crushed when the co-defendant contractor improperly undermined the Church’s garage and caused it to collapse into the adjoining excavation where he was working. CG&P successfully argued in the Lower Court that the Church, as the adjoining landowner, was not liable within the meaning of the N.Y. Labor Law. Additionally, the Lower Court concluded that the Church was not liable under general negligence theories. The Appellate Division, Second Department affirmed the Lower Court’s decision granting summary judgment dismissal to the Church. The case was handled by CG&P partner James P. Connors and is reported at Piatek v. Oak Dr. Enters., Inc., 2015 N.Y. Slip Op 04831 (2d Dept. 2015).