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Leahey v. SP Center, LLC
United States District Court, S.D. New York
November 3, 2017
WILLIAM LEAHEY and LAUREN LEAHEY, Plaintiffs,
SP CENTER, LLC, MALL 1-BAY PLAZA, LLC, a/k/a BAY PLAZA, LLC a/k/a BAY PLAZA MALL, LLC, AURORA CONTRACTORS, INC. and MACY'S, INC., Defendants. SP CENTER, LLC, MALL 1-BAY PLAZA, LLC, a/k/a BAY PLAZA, LLC, a/k/a BAY PLAZA MALL, LLC Third-Party Plaintiffs,
GLOBAL PRECAST INC., UNISTRESS CORP. and PRECAST SERVICES, INC., Third-Party Defendants. AURORA CONTRACTORS, INC., Fourth-Party Plaintiffs,
UNISTRESS CORP. and PRECAST SERVICES, INC., Fourth-Party Defendants. PRECAST SERVICES, INC. Fifth-Party Plaintiffs,
RUTTURA & SONS CONSTRUCTION CO., INC., and CONSTRUCTION & REALTY SAFETY GROUP d/b/a CR SAFETY GROUP, Fifth-Party Defendants. MALL 1-BAY PLAZA, LLC a/k/a BAY PLAZA, LLC a/k/a BAY PLAZA MALL, LLC and AURORA CONTRACTORS, INC., Sixth-Party Plaintiffs,
CONSTRUCTION & REALTY SAFETY GROUP, INC., RUTTURA & SONS CO., INC., RUTTURA & SONS CONSTRUCTION CO., INC., and CONSTRUCTION & REALTY SAFETY GROUP, INC., Sixth- Party Defendants.
SHKOLNIK, PPLC Joseph P. Napoli, Esq. Attorneys for
OFFICE OF JAMES J. TOOMEY John C. Spataro, Esq. Attorneys
Third-Party Plaintiffs/Fourth-Party Plaintiffs/Sixth-Party
JOHS AVALLONES AVILES, LLP David L. Metzger, Esq. Attorneys
for Third/Fourth-Party Defendant/Fifth-Party Plaintiff
W. SWEET, U.S.D.J.
and fourth-party Defendant/fifth-party Plaintiff Precast
Services, Inc. ("Precast") and sixth-party
Plaintiffs Mall 1-Bay Plaza ("Bay Plaza") and
Aurora Contractors, Inc. ("Aurora") (collectively,
the "Defendants") have moved pursuant to
Fed.R.Civ.P. Rule 56 for summary judgment to dismiss the
Complaint (the "Complaint") of the Plaintiffs
William Leahey ("Mr. Leahey") and Lauren Leahey
("Mrs. Leahey") (collectively, the
"Plaintiffs"). Based on the facts and conclusions
set forth below, the motions of the Defendants are denied.
Plaintiffs commenced this action by filing the Complaint on
September 12, 2014 alleging claims of negligence, loss of
services, and violations of New York State Labor Laws
§§ 200, 240, and 241(b). Answers were filed by Bay
Plaza on October 16, 2014, and by Aurora on January 2, 2015.
amended third-party complaint was filed by SP Center, LLC and
Bay Plaza against third-party defendant Precast on November
14, 2014, to which Precast filed an answer on December 22,
filed a fourth-party complaint against Precast on January 16,
2015, to which Precast answered on February 11, 2015. The
actions against defendants SP Center, Macy's, and
Unistress Corp. were then discontinued on July 13, 2015, July
15, 2015, and August 22, 2015, respectively.
fifth-party complaint was filed by Precast against Ruttura
& Sons Construction Co, Inc. ("Ruttura
Construction") and Construction & Realty Safety
Group ("Construction & Realty") on November 24,
2015, and answers were interposed by both parties.
sixth-party complaint was filed by Bay Plaza and Aurora
against Ruttura Construction and Construction & Realty on
November 25, 2015, and answers were interposed by both
instant motions for summary judgment were filed by Precast
and Aurora on July 10, 2017. Oral argument was heard on
September 20, 2017. The motions were adjourned until October
18, 2017, pending the Honorable Andrew B. Altenburg, Jr. of
the U.S. Bankruptcy Court for the District of New
Jersey's (the "Bankruptcy Court")
reconsideration of whether to add this action as an asset, at
which point the motions were heard and the case was marked
facts have been set forth in the Defendants' and the
Plaintiffs' Rule 56.1 Statements, and are ...