10/14/2021- Associate Daniel Reiser Settles Years Long Case Without Contribution
Updated: Mar 11
In the matter of Wilton Sanchez v. 54 St. Holding LLC et al., in New York Supreme Court, Queens County, Index number 707407/2014, after years of litigation, Associate Daniel Reiser successfully settled the case with no contribution from MMG's clients. Mr. Reiser defended the owner of a major construction project located in Queens against plaintiff's claims for injuries. The plaintiff allegedly sustained cervical spine injuries requiring fusion surgery resulting from a fall off of a ladder during the construction on a temporary work shanty. Plaintiff asserted violations of Labor Law Sections 200, 240(1), and 241(6). Mr. Reiser instituted a third party action against the General Contractor, Plaintiff's employer at the time of the accident. Additionally, Mr. Reiser uncovered some potent evidence to support a defense of recalcitrant worker/sole proximate cause.
The parties agreed to mediate the case. In spite of a lack of an indemnity order at the time of the mediation, Mr. Reiser successfully argued that the third-party defendant should be responsible for the full payment of the settlement agreement, despite the contract having a negligence trigger. The third-party defendant agreed to settle the case with no contribution from MMG's clients and MMG was able to recuperate the majority of their attorney's fees incurred on the case since its inception.