Representative Construction Cases

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  • In the Matter of Kleinberg Electric, Inc., New York State Department of Economic Development (2018)

    Successfully overturned a determination by the Division of Minority and Women’s Business Development which denied the application of Kleinberg Electric to be re-certified as a Woman Owned Business Enterprise (WBE).

  • Horta Coslada Construcciones Metalicas, S.L. v. El Sol Contracting and Construction Corp., AAA International Centre for Dispute Resolution (2017)

    Successfully defended a claim of wrongful termination brought by a Spanish steel fabricator against the general contractor in an international arbitration.

  • M.B. Din Construction Inc. v. American Safety Casualty Ins. Co., Supreme Court of the State of New York, Kings County (2016)

    Successfully defended surety against payment bond claim by subcontractor in absence of defaulted principal which might have been in collusion with subcontractor claimant.

  • Arnell Constr. Corp. v New York City Sch. Constr. Auth., Appellate Division, 2d Dept (2016)

    Successfully appealed summary judgment granted in favor of the NYC School Construction Authority which had dismissed contractor’s claims.

  • Donaldson Interior, Inc. v. F.J. Sciame Construction Co., Inc. et al Supreme Court of the State of New York, Suffolk County (2016)

    Successfully settled claims on two (2) private projects for a subcontractor providing carpentry, drywall and ceiling work to the general contractor on the second day of a jury trial.

  • Perini/O&G, A Joint Venture vs. Usiminas Mecanica S.A., United States District Court, Southern District of New York (2015)

    Successfully resolved general contractor’s claim against a Brazilian steel fabricator based on defective welds.

  • Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., United States District Court, Eastern District of New York (2013)

    Successfully defended a general contractor and its surety against a subcontractor’s claim of wrongful termination and for payment under a labor and material payment bond and successfully prosecuted the general contractor’s breach of contract counterclaim to judgment.

  • Italine Inc. v. The Dormitory Authority of the State of New York & Liberty Mutual as intervenor complainant, Supreme Court of the State of New York, Albany County (2013)

    Successfully represented surety in performance and payment bond matters arising from default and completion of multi-million dollar State Psychiatric Center improvement project, including closeout of contract and recovery of claims for completion, recovering over 95% of all of surety’s costs and expenses.

  • T.A. Ahern Contractors Corp. v. The Dormitory Authority of the State of New York, Supreme Court of the State of New York State, New York County (2012)

    Successfully litigated and resolved a multi-million dollar complex delay and impact claim and defended against the imposition of alleged liquidated damages by the public owner.

  • Nycon Supply Corp. v. Great Am. Constr. Corp., Supreme Court of the State of New York, Kings County (2009)

    Successfully defended a concrete and foundation subcontractor and successfully prosecuted its cross-claim against the site work contractor to judgment.

  • National Union Fire Ins. Co. of Pittsburgh, PA v. Cox Mechanical Contracting, Inc., Supreme Court of the State of New York, Queens County (2008)

    Successfully represented completing surety on a large New York City Transit Authority East River subway tunnel project in recouping its costs for completing the project.

  • Matland Contracting Inc. v. Federico, Supreme Court, Nassau County (2008)

    Represented residential property owner against claims of defaulted general contractor.

  • Arnell Constr. Corp. v New York City Sch. Constr. Auth., 144 A.D.3d 714, 41 N.Y.S.3d 101, 2016 N.Y. App. Div. LEXIS 7173, 2016 NY Slip Op 07282 (2d Dep’t 2016)

  • Mometal Structures, Inc. v. Ahern Contrs. Corp., 2013 U.S. Dist. LEXIS 27797 (E.D.N.Y. 2013)

  • God’s Battalion of Prayer Pentecostal Church, Inc. v. Miele Assocs., LLP, 10 A.D.3d 671, 781 N.Y.S.2d 785 (2d Dep’t 2004)

  • Picone/McCullagh v. Miele, 283 A.D.2d 501, 724 N.Y.S.2d 473, 2001 N.Y. App. Div. LEXIS 4972 (2d Dep’t 2001)

  • City of New York v. Cross Bay Contr. Corp., 93 N.Y.2d 14, 709 N.E.2d 459, 686 N.Y.S.2d 750, 1999 N.Y. LEXIS 42 (1999)

  • Golfo v. Sopher, 253 A.D.2d 479, 676 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 8900 (2d Dep’t 1998)

  • United States ex rel. Tower Masonry v. J. Kokolakis Contracting, 1995 U.S. Dist. LEXIS 13024, 40 Cont. Cas. Fed. (CCH) P76,843 (S.D.N.Y. 1995)

  • Sommer v. Federal Signal Corp., 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957, 1992 N.Y. LEXIS 1305 (1992)