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MSSSV Wins Article 78 Petition fo Town of Fishkill
In this action, petitioners were seeking an injunction prohibiting the Town of Fishkill from removing officers from the functional title of a Sergeant and replacing them with officers who had been hired from a competitive civil service list. The Court adopted our argument that the Town could not be estopped from enforcing the law which requires that sergeants be hired from a competitive civil service list. We also convinced the Court that a demotion from a functional title position is not a demotion within the meaning of the Civil Service Laws. Michael A. Miranda and Maurizio Savoiardo worked on the case. [More]

MSSSV Prevails in the First Department
After oral argument, the Appellate Division, First Department unanimously upheld the decision granting summary judgment for MSSSV’s client, Alert Glass & Architectural Metals Corp., in an action involving claims of Labor Law 240(1), 241(6) and 200. Plaintiff sustained an injury when he fell from a ladder while working on the installation of a store front window frame. Alert Glass had contracted with the general contractor for the installation of the doors and windows. Alert Glass, in turn, contracted with plaintiff’s employer, Proper Construction for the installation of the glass. Alert Glass was not on location for the entire time and did not direct or supervise the plaintiff’s work. Justice Braun of New York County granted our motion for summary judgment dismissing the Labor Law claims, as well as the general negligence claim against Alert Glass. The decision was appealed by both the plaintiff and the co-defendants, who argued that Alert Glass was a statutory agent of the general contractor and thus, liable under the Labor Law. The Appellate Division rejected the arguments of opposing counsel and upheld the dismissal in favor of Alert Glass. No further appeals are expected. [More]