(New York, New York) (June 13, 2025)- Wood Smith Henning & Berman is proud to report a decisive litigation victory on behalf of its clients, the property owners and manager of a historic building in New York City. Partner John Cofresi and Senior Counsel David Incle's legal prowess as well as exceptional motion briefing led to a complete dismissal of all claims in this multi-plaintiff action arising from a catastrophic ceiling collapse that exposed the defendants to more than $10 million in potential liability.
The case stemmed from an incident in which three union asbestos abatement workers were injured when a permanent plaster ceiling, approximately 15 to 20 feet overhead, collapsed without warning during demobilization of their decontamination tent on the 40th floor. All three plaintiffs, along with a derivative spousal claimant, alleged violations of New York Labor Law §§200, 240(1), and 241(6), as well as the doctrine of res ipsa loquitor.
Plaintiffs moved for summary judgment supported by the affidavit of an engineering expert who opined that the ceiling collapse was foreseeable and preventable. Our clients moved for summary judgment as well establishing that neither the facts nor law supported plaintiffs' assertions. Although one plaintiff advanced a settlement demand of $4.5M while the summary judgment motions were pending, thereby suggesting a total cumulative exposure of more than $10M, the court rejected the plaintiffs' collective assertions and agreed with the WSHB's argument that the expert affidavit was insufficient and failed to consider key demolition plans, sworn witness testimony, and the results of the post-incident investigation.
"This was a case where the facts, the law, and the evidentiary record aligned to demonstrate that liability could not be imposed on our clients." said Cofresi. "The dismissal validates the principle that not every unfortunate accident constitutes a violation of Labor Law."
Incle added: "We are very pleased to achieve this result for our clients given the significant exposure these matters presented. It is rewarding to have all the time and effort we spent preparing our presentation to the court pay off and spare our clients from the time, expense, and uncertainty of a length trial ."
This ruling showcases WSHB's ability to defend property owners and managers against high stakes labor law claims, especially those involving complex construction and workplace safety allegations.
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