ADM's Carmine J. Carolei, managing partner of our Hopewell Junction, Dutchess County office, settled out of a non-jury trial in Supreme Court, Westchester County on a breach of contract action related to the Hudson Yards tunnel construction project for the 7 train. Plaintiff brought breach of contract claims against a spray concrete contractor and a water proofing contractor. Our client had a contract with the plaintiff to erect the rebar for the spray on concrete contractor. There was no direct cause of action brought by the plaintiff against our client.
The two contractors brought negligence claims against our client. Those claims were severed out due to our request for a jury.
The concrete contractor made a $400,000 settlement demand from us. We offered nothing. After three days of trial the concrete contractor settled out with the plaintiff for $3,400,000. The settling defendant argued that the remaining waterproofing contractor's cross claim against it sounding in contribution and common law indemnification must be dismissed. The judge granted that motion and dismissed both the common law indemnification claim and the contribution claim of the water proofing contractor against the settling defendant.
Mr. Carolei moved to dismiss the contribution claim and the common law indemnification claim by the settling defendant. Because the action was severed the judge gave a date in June to file a written motion on the issue to dismiss those claims. We remained in the case because of the cross claim of waterproofing contractor.
Mr. Carolei then settled out with the plaintiff for $10.00. He moved to dismiss the contribution claim of the waterproofing contractor, which was granted. The written motion to dismiss the common law indemnification claim of the waterproofing contractor remains, as does the motion to dismiss the claims of the spray on concrete contractor.