Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of a third-party complaint in the Northern District of New York, alleging that the client hospital owed indemnification to defendant-real estate holding company for a lawsuit filed under, among other things, the Americans with Disabilities Act and New York State Human Rights Law. Plaintiff’s lawsuit was based on: (1) the placement of a flower pot, (2) the condition of the sidewalk, and (3) and the condition of a non-automatic entrance door to the client hospital. Mr. DeBraccio argued, among other things, that the client was not responsible for maintenance of the sidewalk, thus the flower pot and sidewalk claim failed. Furthermore, the court dismissed plaintiff’s claims about the exterior door because plaintiff did not dispute the evidence in the record that the door was compliant with the Americans with Disabilities Act.
Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of plaintiff’s entire complaint in Supreme Court, Albany County, where plaintiff was seeking $40,000 in damages (the value of a Mercedes Benz). Plaintiff argued that the client insurer breached the contract between the client insurer and the vehicle owner (insured), that plaintiff was a third-party intended beneficiary, and that plaintiff was entitled to an equitable lien. Mr. DeBraccio argued, among other things, that the client insurer did not have a contract with plaintiff, and that under Georgia law, plaintiff was not an intended beneficiary and took the contract subject to the limitations therein, such as one requiring cooperation in an investigation for a proof of loss (with which the insured failed to cooperate). Finally, Mr. DeBraccio argued that plaintiff could not proceed in equity because it could recoup its losses by suing the insured.
Attorney Steven DeBraccio successfully defended an appeal to the Appellate Division, Third Department from a grant of summary judgment from the Washington County Supreme Court, dismissing plaintiff’s complaint against our clients, where plaintiff was seeking over $3,000,000 in damages against our client. Plaintiff alleged that our client negligently maintained its property, which caught fire due to arson, and while the property was in flames, codefendant firefighters sprayed water to put out the fire, but the water got caught in the wind and it blew into plaintiff’s hydroelectrical plant. Mr. DeBraccio argued, among other things that the client did not breach a duty to plaintiff to avoid the fire because it was not foreseeable that an arson would take place, and in any event, codefendants’ conduct of guiding the water towards plaintiff’s hydroelectric plant was a superseding cause of the accident.