(New York, New York) (June 2, 2025)- In a major legal victory showcasing the success of strategic risk transfer, WSHB attorneys, Senior Associate Matthew Lavoie and Senior Counsel Brad Sessa, successfully secured summary judgment against three third-party defendants in a high-exposure Labor Law case. The court's 26-page decision also dismissed all cross and counter claims, fully validating the firm's risk transfer strategy and contractual interpretation.
The ruling centered on the firm's motion for summary judgment, which successfully proved a clear and unambiguous indemnification provision in the operative contract. The court granted full indemnification and shifted exposure away from the client.
"Prevailing on risk transfer and indemnification against multiple third-party defendants in a Labor Law action of this magnitude is a significant achievement," said Managing Partner, Tracy Abatemarco. "Our team's ability to isolate liability and enforce the contract's indemnity provisions was instrumental in protecting our client."
The court further granted the firm's motion for summary judgment dismissing the plaintiff's Labor Law §240(2), 240(3), 200 claims, and a portion of the §241(6) claim, limiting exposure to a single statutory violation related to an unsecured ladder. The court also granted summary judgment against one plaintiff who pursued a breach of contract claim. In establishing that the clients were not negligent, the WSHB team secured a clear pass through on the third-party claims which ultimately led to well-deserved client satisfaction and success.
"This case came down to smart contract interpretation and precise legal execution," commented Lavoie. "Our ability to clearly demonstrate that the indemnity clause was enforceable allowed us to transfer risk away from our client and eliminate the bulk of litigation exposure."
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