Ryan Rayder and Tom Daly Grant Summary Judgment Motion in a Supreme Court, Kings County, Labor Law Matter.

Congratulations to Ryan Rayder, Esq. and Thomas Daly, Esq., who successfully worked as a team and secured a dismissal in a very challenging employer’s summary judgment motion in a Supreme Court, Kings County, Labor Law matter involving alleged injuries to plaintiff’s eye (vision loss), cervical, thoracic, lumbar spines (discectomy), shoulder and closed head injuries.

Their persistence and attention to detail prevailed, although they were obliged to surmount a number of obstacles in order to do so  - not the least of which was overcoming the Court’s initial improper application of the law as to the proper timing for such motions. The Court ultimately reversed its initial decision and acknowledged having improperly applied Brill to defeat the motion in the first instance. This decision confirms that an attorney’s affirmation, coupled with exhibits, can indeed suffice to establish a prima face case on summary judgment (citing to State v. Greco, 43 A.D.3d 397 [2d Dept 2007]. Ryan and Tom presented evidence indicating that our insured was plaintiff’s employer (the prior Worker’s Compensation determination having been binding on that point) and thus was entitled to dismissal of all causes of action seeking common law indemnification and/or contribution. As no opposing party came forward with any pertinent contractual provisions, the Court stated that “a defendant moving for summary judgment is not required to prove a negative” (citing to Martinez v. Hunts Point Coop. Mkt., Inc., 70 A.D.3d 569 [1st Dept. 2010], noting the burden of proof had then shifted to the opposition. Absent same, there was no right to indemnification from the employer, and thus, the entire third-party action and all cross-claims against our client were dismissed.

At BMM, close teamwork is not the exception but the rule – and, once again, it paid off! Congrats to Ryan and Tom!