On September 18, 2023, partner Neil Mascolo obtained summary judgment on behalf of his client in Supreme Court, New York County. The case was brought by a property owner and her first party insurer for damages allegedly sustained as a result of construction work at the adjacent property. In addition to the adjacent property owner, the defendants included numerous contractors and engineers. Mr. Mascolo’s client is a restoration contractor who was retained to make repairs to damage resulting from a collapsed ceiling. The claimed damages were in excess of $10 million.
Through the use of the deposition testimony of numerous party and non-party witnesses, together with documentary evidence, Mr. Mascolo established that the damage to the plaintiff’s property, which also included expensive artwork, was not caused by his client. He also argued that the client did not exacerbate the claimed damages as alleged by the co-defendants. The court agreed and granted summary judgment dismissing the claims.