Shorav Kaushik Successfully Obtained Summary Judgement Dismissing All Claims Against Building Owner Client

Shorav Kaushik obtained summary judgment dismissing plaintiffs' Labor Law claims and counterclaims against the defendant, the firm’s Building Owner client.

 The plaintiff, an employee of a subcontractor, argued negligence and violations of the New York State Labor Law, claiming the defendant was responsible for removing the plywood from the floors of the construction site. However, on the accident date, this did not occur, and the plaintiff was injured while removing plywood.  

Mr. Kaushik successfully argued that Labor Law ss 240(1) and 241(6) did not apply to this accident. It was further established that a contractual obligation was triggered against the plaintiff’s employer due to an indemnity clause in the contract between the construction manager and the plaintiff’s employer.

The court granted summary judgment dismissing the plaintiff's Labor Law ss 200, 240 (1), and 241 (6) claims against our client, awarding summary judgment on our contractual claims against the plaintiff’s employer, and dismissing the plaintiff’s employer’s counterclaims for common law indemnification against our client. In this case, Mr. Kaushik achieved a successful result transferring liability and damages that would have otherwise been costly to the client.

Shorav Kaushik Elevated to Of Counsel

BMM is pleased to announce Shorav Kaushik has been elevated to Of Counsel, a testament to his over ten years of experience, diligence, and dedication. Shorav has repeatedly obtained favorable results for our clients, achieving the best possible outcomes for their objectives.  

Shorav is a member of the South Asian Bar Association of New York. Additionally, he is admitted to the Bars of the States of New York, New Jersey, Pennsylvania, and Connecticut. Shorav is repeatedly called upon to represent the interests of general contractors in New York State Labor Law matters, as well as the interests of transportation companies in catastrophic motor vehicle accidents and argued in the Courts of both New York and New Jersey. Shorav’s ability to independently handle and assess matters in a unique and aggressive manner makes him the perfect fit for a lengthy career at BMM. “Shorav has a great legal mind. He is intelligent, hardworking, and always willing to step up to the plate,” says Alex Malino, the firm’s Managing Partner.  

Liebhauser and Kaushik Secure Dismissal of Labor Law Claims and Contractual Indemnification in Favor of General Contractor Client

Lynda Liebhauser and Shorav Kaushik successfully secured dismissal of plaintiff’s Labor Law section 200 and 241(6) claims against our clients, the owner and general contractor of the project.   Plaintiff alleged he was injured when a dolly collapsed while moving a piece of a crane on the dolly.  Plaintiff argued the occurrence was caused by negligence on the part of employees, the general contractor, and its agents.  In addition to BMM obtaining the dismissal of plaintiff’s claims, the Court granted our motion for contractual indemnification and common law indemnification against the subcontractors who hired plaintiff’s employer.

This result was a team effort, our office expertly developed a strategy to obtain a successful summary judgment motion and achieve this excellent result for our clients.

Multi-lawsuit Dismissal of Claims Against Construction Manager Client

BMM client, a major Construction Manager, was improperly named as a defendant under the Labor Law in two separate lawsuits filed in the Supreme Courts of Queens County and Kings County. After several weeks of negotiating a discontinuance with plaintiffs’ counsels, BMM filed motions for summary judgment before any discovery had been exchanged in an effort to save time and money. Mr. Joyce and Mr. Kaushik worked with the client to prepare affidavits to support our motions and, upon receipt of our motions, the plaintiff and co-defendants in both cases agreed to dismiss their claims and cross-claims.

In this case, taking an early and aggressive approach resulted in the files being closed in a matter of months rather than incurring the costs and time of protracted litigation.

BMM Clients Received an Excellent Fast Result

Partner William Joyce and Associate Shorav Kaushik achieved a favorable outcome in a labor law case on behalf of our clients, a general contractor and the owner of a construction site. The insurer for the plaintiff's employer indemnified our clients for their attorneys' fees as well as funded a global settlement for our clients.

In this matter, the plaintiff fell from a height alleging that he was denied a scaffold to work from. The carrier for the plaintiff’s employer initially refused to fully accept our tender of defense on the basis that outstanding discovery might reveal the negligence of our clients. After the plaintiff’s deposition and aggressive posturing on our clients’ behalf, the plaintiff’s employer settled directly with the plaintiff resulting in a full resolution without any contribution from our clients or costs incurred on their behalf. In this case, BMM's clients received an excellent and fast result.