On June 8, 2009, Rutherford & Christie attorney Michael Becker, obtained summary judgment in State Supreme Court, New York County before Judge Solomon in favor of Integrity Contracting Inc. dismissing all third-party plaintiffs’ causes of action.
In this case, the plaintiff allegedly slipped and fell down stairs and suffered multiple broken bones. The accident purportedly occurred in the lobby of a building, which was occupied by an Art Gallery. Allegations were asserted in the main action that the stairs and lobby area were not in compliance with the building code. After litigating this case for close to three years, the defendants filed suit against Integrity, claiming Integrity was responsible to indemnify the defendants should the defendants be held responsible for the plaintiff’s alleged damages.
We successfully argued that any of the asserted violations of the New York City Building Code were inapplicable to Integrity as Integrity was not the owner of the building, and did not control or maintain the lobby. Furthermore, we argued, that based upon the applicable contract, the responsibility for determining the legal requirements and specifications in the construction and renovation of the subject steps and lobby landed solely with the property owner and/or its designer and architect, and not Integrity. The defendants failed to prove that Integrity deviated from the specifications and plans provided for in the agreed to construction project.