12/2/2008
Mejia v. Andrew R. Levenbaum, et al.
In Mejia v. Levenbaum, et al., plaintiff, an employee of Tam Restaurant, claims he was injured when stairs collapsed as he was carrying a large piece of equipment down them. The insured, Andrew Levenbaum, owned the premises. After a successful appeal of a decision denying our original motion for summary judgment dismissing the action against Mr. Levenbaum as an out of possession landlord, we renewed our motion at the lower court to obtain indemnification from the co-defendants including costs and attorneys’ fees. Co-defendant appealed the award of indemnification and attorneys’ fees against them.

Eric L. Cooper successfully argued to the Appellate Division, First Department that we were entitled to recovery of attorneys fees because the same court already determined that our client bears no liability for the plaintiff’s accident. The Court agreed and the lower court’s decision granting indemnification was affirmed.