Felter and O’Malley Win Summary Judgment

Karen Felter, Esq., and Brady O’Malley, Esq., recently won summary judgment in Erie County on a large and complex Labor Law 240(1) case.  Plaintiff’s fell from a roof on a construction site, which resulted in severe injuries and multiple spine surgeries.  The sub-subcontractor refused to defend and indemnify our subcontractor client by arguing that (i) the subject contractual indemnification provision was void under the General Obligations Law, and (ii) contractual indemnification was not warranted because the accident did not arise out of the sub-subcontractor’s work.  Erie County Supreme Court rejected both of these arguments and granted summary judgment to our client on its claim for contractual indemnification.  In addition, Supreme Court held that the subcontractor was not a proper statutory defendant under the Labor Law and dismissed the plaintiff’s case against the subcontractor.

Smith Sovik has attorneys that specialize in different fields of law from coverage and pollution to New York labor law. The attorneys that I have dealt with are extremely talented in their fields of expertise. I have always found the firm to work well with insurance carrier staff. They are very responsive to calls and correspondence and always timely.

Denise H. Schad
Senior Commerical Claims Representative
Erie Insurance Company