BM&S attorneys secure dismissal in construction accident case

BM&S Partner Lisa J. Black and Senior Counsel Mark E. Jordan-Poinsette secure dismissal in construction accident case

Black Marjieh & Sanford LLP (BM&S) Partner Lisa J. Black and Senior Counsel Mark E. Jordan-Poinsette successfully secured the dismissal of all claims against their client, a subcontractor named in a construction accident lawsuit. The court ruled in favor of the firm’s client, agreeing that they were not a proper Labor Law defendant. BM&S presented clear evidence demonstrating that its client had no involvement in the project, did not perform work at the premises, and had no connection to the plaintiff’s accident. Furthermore, the court found no basis for negligence claims.

A central issue in the case involved a disputed contract and questions of agency and apparent authority. The facts presented resulted in the court determining that an individual had misrepresented himself as a principal of the firm’s client’s company. However, BM&S successfully established through uncontroverted evidence that this individual lacked actual authority, and as a result, the contract was not binding on their client.

The court’s decision to grant summary judgment resulted in the dismissal of all claims and crossclaims against their client, reaffirming important principles regarding subcontractor liability and contractual authority in construction litigation.