HERLIHY LLP secures settlement in Workers Compensation matter with zero contribution from employer

Sutherton Construction

In a case where Plaintiff claimed catastrophic injury arising out of a workplace incident, Herlihy LLP was able to assert a fraud defense stating that the incident which Plaintiff alleged did not actually ever take place. By maintaining a strong position, Herlihy LLP was able to communicate to the other parties that they had no interest in resolving the claim, and would not be contributing to any settlement of the Workers Compensation portion of the litigation. In doing so, other insurance carriers settled the matter, with zero contribution at all from Herlihy LLP's client, Sutherton Construction.

HERLIHY LLP Wins Rule 33 Summary Judgment Motion

Uber Technologies Inc.

HERLIHY LLP prevailed on a motion for summary judgment filed with the American Arbitration Association pursuant to Rule 33 of the AAA Rules. Despite opposition to the motion, HERLIHY LLP was able to win on the motion and the matter was subsequently dismissed.

HERLIHY LLP obtains off-app dismissal

Uber Technologies Inc.

HERLIHY LLP prevailed in a motion for summary judgment in a matter where the Uber Driver App was not in use at the time of the alleged incident.

HERLIHY LLP obtains dismissal in suit filed against horse farm

Maney Acres at Juckas Stables, LLC

In an action filed by plaintiff, where she alleged a broken collarbone caused by a fall from a horse, HERLIHY LLP obtained outright dismissal on motion based on assumption of risk and local farming regulations.

HERLIHY LLP settles catastrophic Labor Law matter for $10m with zero contribution from client

EPM Construction

In a Labor Law incident involving a severe traumatic brain injury, HERLIHY LLP was able to negotiate a settlement for $10,000,000.00, paid by all other co-defendants with zero contribution from his client the employer.

HERLIHY LLP vacates judgment in Workers Compensation matter

BreakBio Corp.

Herlihy LLP’s client, a pharmaceutical company seeking to cure cancer, was targeted by the NYS Workers’ Compensation Board for a perceived violation of law. However, after extensive and prolonged efforts to demonstrate the error committed by the NYS Workers’ Compensation Board, Herlihy LLP was ultimately able to convince NYS Workers’ Compensation Board to vacate their own judgment.

HERLIHY LLP obtains discontinuance in Labor Law action

WDF, Inc.

Herlihy LLP’s client was named as a defendant in a labor law matter, despite the fact that Herlihy LLP’s client having cleared the subject job site more than 1-year prior. After furnishing probative documents illustrating the client’s lack of involvement, and providing a sworn affidavit to that effect, plaintiff’s counsel discontinued their action against Herlihy LLP’s client.

HERLIHY LLP successfully cancels $3,000,000.00 in liens entered against NPO building ownership group

SEBCO Development

Herlihy LLP’s client was the target of several improper and illegal liens. Herlihy LLP’s client, a non-profit housing company in the Bronx, NY, had more than $3m in illegitimate liens filed against them. Herlihy LLP took note of the failings in the liens, demanded itemization of the liens, and moved to have the liens cancelled when the contractor refused to comply with the Lien Law section 38 demand. All of the liens were cancelled, and when counsel for the contractor sought to vacate the order cancelling the liens, Herlihy LLP again defeated contractor’s counsel with the Court affirming their prior decision to cancel the subject liens.

HERLIHY LLP successfully argues against motion to vacate access agreement

Hunts Point HDFC

Hunts Point HDFC and 660 Tiffany Street entered into an access and easement agreement, which would permit Hunts Point HDFC to enter onto 660 Tiffany Street’s adjoining property to repair a retaining wall. Immediately upon entering into the contract, 660 Tiffany Street began to breach the terms, leading Hunts Point HDFC to commence an action to enforce the terms of the contract. 660 Tiffany Street moved to vacate the agreement, while also asking the Court to issue a ruling (without any binding legal authority to do so) directing Hunts Point HDFC to “repair its retaining wall without improperly encroaching Defendant’s property.” Herlihy LLP opposed the motion on behalf of Hunts Point HDFC. The Court found that there was no evidence establishing that the parties had differing understandings of the terms of the agreement. Accordingly, the Court ruled in favor of Herlihy LLP’s client, Hunts Point HDFC, and denied 660 Tiffany Street’s motion.

HERLIHY LLP successfully argues against declaratory judgment arising out of construction contract and indemnification dispute

Tectonic Engineering

Plaintiff allegedly was injured while working for the client of Herlihy LLP. After a co-defendant served Herlihy LLP’s client with a subpoena for records and testimony, Herlihy LLP moved to quash said subpoena. A separate named co-defendant then cross-moved, requesting that the Court issue an order finding that Herlihy LLP’s client was contractually obligated to indemnify them for Plaintiff’s losses and damages. Herlihy LLP opposed the cross-motion, noting the procedurally improper method of the cross-motion and the relief requested. The Court agreed, and Justice Hyer granted the relief in denying the cross-motion against Herlihy LLP’s client.

HERLIHY LLP wins motion for sanctions pursuant to CPLR 6514 in NYS Lien Law litigation

SEBCO Housing Development Fund

After plaintiff filed a meritless notice of pendency, arising out of liens previously cancelled and discharged, Herlihy LLP moved to cancel the notice of pendency and for sanctions against plaintiff’s counsel. The Court agreed with the arguments raised by Herlihy LLP, specifically that law of the case and res judicata prohibited the meritless filing, and awarded Herlihy LLP’s client costs and attorneys’ fees associated accordingly.

HERLIHY LLP wins appeal before Workers' Compensation Board on insurance coverage issue

EPM Construction

After claimant made a claim against EPM for workers’ compensation benefits, the WC carrier for EPM denied coverage. The carrier stated that the policy had been cancelled prior to the incident date, and therefore, no coverage was available under the policy. The presiding judge in the Workers’ Compensation Board proceedings found that the policy had been validly cancelled, and ruled that there was no coverage for EPM. Herlihy LLP appealed from this decision, and ultimately, the WCB decision was overturned on appeal. The appellate panel, in overturning the prior decision, reinstated coverage on the basis that notice of the policy cancellation was not properly made upon EPM.

Herlihy LLP Settles 1st Amendment Civil Rights Claim

Herlihy LLP secured a settlement for a client who was brutally assaulted by members of the New York City Police Department while exercising her free speech rights, resulting in bodily injury and mental anguish. The client was satisfied with the settlement, which included compensation consistent with her injuries.