Associate Deirdre Egan represented the building owner and general contractor in Svitlana Songaila v. 2068 Ocean Avenue LLC et al. in Kings County Supreme Court wherein she successfully tendered defense and indemnity to the sub-contractor.

Plaintiff alleged that she was injured while sitting on her balcony at 2072 Ocean Avenue, when she was struck on the head by falling debris, which she alleges fell from the adjoining construction site. Plaintiff alleged general negligence against the owner of 2068 Ocean Ave and the general contractor.

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At the outset of litigation, an initial tender request was sent to the subcontractor demanding defense and indemnity in favor of the owner and general contractor for plaintiff’s claims. The initial tender was denied, and a third-party action was then commenced against the subcontractor. A second tender letter was issued outlining exactly why the subcontractor’s insurer owed additional insured coverage, but again the tender was denied.

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The matter proceeded through discovery as Egan laid the groundwork for a eliminating the purported basis for the refusal of the tender of her client’s defense and indemnification. Egan elicited an admission from the subcontractor's deposition witness that the debris alleged to have struck the plaintiff was in fact the type of material used by them.

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The tender request was renewed, and accepted, together with an agreement to reimburse all legal fees and defense costs from the time of the initial tender.