Case: Construction Site Injury – Failure to Timely File Notice
Counsel: Alice Spitz and Julie Molod
Result: Motion to Dismiss Granted Construction Company
Plaintiff brought this suit for personal injuries allegedly sustained when she fell off of a ladder while working and claimed general negligence and violations of various provisions of the NYS Labor Law against the property owner. MSD obtained a dismissal based upon plaintiff’s failure to properly file and serve a Note of Issue with a Certificate of Readiness within ninety (90) days after the demand to resume prosecution.