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Mark Shifton and Gary Strong Prevail on Motion to Dismiss in Construction Defect Case


Recently, GL Attorneys Mark Shifton and Gary Strong received a favorable decision on behalf of a contractor on a pre-answer motion to dismiss in a potentially high-exposure New York City construction defect case. Our client performed significant work during the gut renovation of a building by a Developer, which was then sued by the Building’s Owner. After significant settlement negotiations between the Owner and the Developer proved fruitless, our client was brought into the case by the Developer’s third-party complaint. Mark and Gary argued that because the Owner was also alleging active wrongdoing on the part of the Developer, and had not alleged “property damage” to which the Developer would be entitled to contribution, the Developer failed to state any claims against our client. The Court agreed, and dismissed the third-party complaint against our client.