Sofya Uvaydov and Sean Harriton successfully defended the victory against a third-party plaintiff’s motion for reargument/leave to appeal in the First Department and a second motion for leave to appeal to the Court of Appeals on behalf of S.J. Electric.
In March, CMOC’s appellate team obtained a reversal of the motion court and a complete dismissal of the third-party complaint and all claims against S.J. Electric following an electrocution at a construction site. S.J. Electric showed that its equipment did not cause the accident after they conducted a prompt and thorough post-accident investigation.
More importantly, despite a broad contractual indemnity provision that required indemnity for any accident “arising out of” S.J.’s work, CMOC successfully argued that not every accident involving electricity would arise out of the contractor’s work simply because it provided all the electrical power to all of the floors of the building under construction.
This case explored the murky interpretation of what constitutes a “causal relationship” between the covered work and the injury and when the work is too far removed to be covered by even broad “arising out of” clauses.