Neil Mascolo and Adonaid Medina Secures a Dismissal of Indemnification Claims

On May 2, 2024, Neil Mascolo and Adonaid Medina secured a dismissal of indemnification claims asserted against our client from the Appellate Division, First Department, reversing the denial of summary judgment by Supreme Court, New York County. The dispute involved a multi-million-dollar property damages claim, where the main defendant HVAC service provider sought to impose liability upon our client, a plumbing subcontractor. The Appellate Division unanimously agreed with our arguments that the trial court should have dismissed the claims against the plumbing subcontractor, where its installations were made pursuant to specifications by the general contractor’s design team. The Appellate Division held that to the expert opinions relied upon in opposition to summary judgment were conclusory in that they failed to identify industry standards that were violated.  The Appellate Division also found that our client did not have an obligation to remediate structural insufficiencies, and therefore, it was entitled to summary judgment dismissing all of the claims against it.