Posted in Accomplishment on November 22, 2019
Tom Rhatigan wins an Appeal in the Appellate Division, and as a result the case against his client, a plumbing contracting company, is dismissed. In the appeal prepared and argued by Tom, the Appellate Division, Second Department reversed the Lower Court’s denial of summary judgment and granted Tom’s motion to dismiss the complaint. The Appellate Court agreed with the argument that our client established a prima facie entitlement to judgment as a matter of law by submitting evidence that the company did not perform the excavation work near the location of the alleged roadway defect, or otherwise create the defect. They noted that the plaintiff failed to raise any triable issues of fact in opposition to Tom’s motion.