Socha et al v. 110 Church L.L.C. et al
| Marek Socha and Haline Socha |
| 110 Church L.L.C., 222 Broadway, L.L.C., 53 Park Place L.L.C., 55 Water Street Condominium, AIG Realty, Inc., Alan Kasman, American International Group, Inc., American International Realty Corp., Ann Taylor Stores Corporation, Battery Park City Authority, BFP One Liberty Plaza Co., L.L.C., Blackmon-Mooring-Steamatic Catastophe, Inc., Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Partners, L.P., Brookfield Properties Corporation, Chase Manhattan Banking Corporation, Cogswell Realty Group & Wells Real Estate Funds, Crown 61 Associates, L.P., Crown 61 Corp., Crown Broadway, L.L.C., Crown Properties, Inc., Envirotech Clean Air, Inc., General RE Services Corp., GPS Environmental Consultants, Inc., Hillman Environmental Group, L.L.C., Indoor Environmental Technology, Inc., Kasco Restoration Services Co., Lionshead 110 Development L.L.C., Lionshead Development L.L.C., Manufacturers Hanover Trust Company, Merrill Lynch & Co., Inc., National Association of Securities Dealers, Inc., New Liberty Plaza L.P., New Water Street Corp., New York City Economic Development Corporation, New York City Industrial Development Agency, New York City Industrial Development Corporation, Nomura Holding America, Inc., Nomura Securities International, Inc., One Liberty Plaza, Structure Tone Global Services, Inc., Structure Tone (UK) Inc., The Board of Managers of the One Liberty Plaza Condominium (CONDO # 1178), The One Liberty Plaza Condominium (CONDO # 1178), Toscorp, Inc., UBS Financial Services, Inc., Weston Solutions, Inc., WFP One Liberty Plaza Co., L.P., WFP One Liberty Plaza, Co. GP., Corp.,, WFP Tower B. Co. L.P., WFP Tower B. Co., G.P. Corp., WFP Tower B Holding Co., L.P., WFP Tower D Co. L.P., WFP Tower D Co., G.P. Corp., WFP Tower D Holding Co. I. L.P., WFP Tower D Holding Co. II L.P., WFP Tower D Holding I G.P. Corp. and World Financial Properties L.P. |
| 1:2009cv00680 |
| January 23, 2009 |
| US District Court for the Southern District of New York |
| P.I.: Other Office |
| Kings |
| Alvin K. Hellerstein |
| Plaintiff |
| Federal Question |
| 28:1331 Fed. Question: Personal Injury |
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Filing
301
ORDER AND OPINION GRANTING BATTERY PARK CITY AUTHORITY'S MOTION FOR SUMMARY JUDGMENT DISMISSING COMPLAINTS re: 102 MOTION for Summary Judgment filed by Battery Park City Authority: For the foregoing reasons, BPCA's mo tion is GRANTED. The Clerk shall mark the following docket entries as terminated: Doc. No. 124 in Case No. 07-cv-00060, Doc. 190 in Case No. 07-cv-04459, Doc. No. 157 in Case No. 07-cv-01588, Doc. No. 138 in Case No. 07-cv-05283, Doc. No. 221 in C ase No. 06-cv-O 1521, Doc. No. 178 in Case No. 06-cv-05285, Doc. No. 187 in Case No. 06-cv-01520, Doc. No. 102 in Case No. 09-cv-00680, and Doc. No. 5355 in master calendar 21-mc-102. The Clerk shall enter judgment dismissing the Complaint against BPCA in the following cases: Case No. 07-cv-00060, Case No. 07-cv-04459, Case No. 07-cv-01588, Case No. 07-cv-05283, Case No. 06-cv-01521, Case No. 06-cv-5285, Case No. 06-cv-01520, and Case No. 09-cv-00680. Plaintiffs shall file an Amended Comp laint by December 29, 2014, consistent with this Order and Opinion, dropping BPCA from the caption and the allegations against it, but retaining the paragraph numbering of the existing complaint. Defendants' Answers need not be amended. (Signed by Judge Alvin K. Hellerstein on 12/8/2014) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(tn)
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Filing
293
ORDER AND OPINION GRANTING DEFENDANTS' MOTION TO PRECLUDE UNRETAINED EXPERTS' TESTIMONY BECAUSE OF INADEQUATE DISCLOSURES re: (5511 in 1:21-mc-00102-AKH) MOTION to Preclude Plaintiffs Non-Retained Experts filed by Defendants: For the for egoing reasons, Defendants' motion is GRANTED to the extent they seek to preclude the 18 physicians from providing expert testimony, as described in the foregoing opinion, absent expert disclosure pursuant to FRCP 26(a)(2)(B). The Clerk shall mark motion (Doc. No. 5511) as terminated. (Signed by Judge Alvin K. Hellerstein on 11/5/2014) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:06-cv-01520-AKH, 1:06-cv-01521-AKH, 1:06-cv-05285-AKH, 1:07-cv-11291-AKH (tn)
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Filing
279
ORDER AND OPINION DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT DISMISSING COMPLAINT re: (73 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by 110 Church L.L.C., (5108 in 1:21-mc-00102-A KH) MOTION for Summary Judgment filed by Hillman Enviornmental Group, LLC., HILLMANN ENVIRONMENTAL GROUP, LLC, Hillman Environmental Group, LLC, (94 in 1:09-cv-00680-AKH) SECOND MOTION for Summary Judgment filed by S tructure Tone (UK) Inc., Structure Tone Global Services, Inc., Structure Tone (UK), Inc., (133 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by Ambient Group, Inc., (106 in 1:09-cv-00680-AKH) MOTION for Summary Jud gment filed by Crown 61 Associates, L.P., Crown Broadway, L.L.C., Crown Properties, Inc., Crown 61 Corp., (115 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by American International Realty Corp., Americ an International Group, Inc., (120 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by 222 Broadway, L.L.C., Battery Park City Authority, Merrill Lynch & Co., Inc., WFP Tower B. Co., G.P. Corp., WFP Tower D Co., G.P. Corp., WFP Tower D Co. L.P., WFP Tower B. Co. L.P., (5132 in 1:21-mc-00102-AKH) MOTION for Summary Judgment . filed by Weston Solutions, Inc., (80 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by Hillman Environmental Group, L.L.C., HILLMANN ENVIRONMENTAL GROUP, LLC, (84 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by Blackmon-Mooring-Steamatic Catastophe, Inc., (98 in 1:09-cv-00680-AKH) MOTION for Summary Judgmen t filed by Weston Solutions, Inc., (109 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by WFP Tower D Holding Co. I. L.P., BFP One Liberty Plaza Co., L.L.C., WFP One Liberty Plaza, Co. GP., Corp.,, WFP Tower D Holding Co. II L.P., Brookfield Financial Properties, L.P., Brookfield Partners, LP, WFP Tower D Co. L.P., World Financial Properties L.P., WFP Tower B Holding Co., L.P., WFP Tower D Holding I G.P. Corp., WFP One Liberty Plaza Co., L .P., WFP Tower A Co. L.P., Brookfield Properties Corporation, WFP Tower A Co., WFP Tower A. Co. G.P. Corp., WFP Tower D Co., G.P. Corp., Brookfield Partners, L.P., Brookfield Financial Properties, LP, WFP Tower B. Co., G.P. Corp., B rookfield Financial Properties, Inc., WFP Tower B. Co. L.P., (90 in 1:09-cv-00680-AKH) MOTION for Summary Judgment filed by 90 Church Sttreet Limited Partnership, Boston Properties, Inc., (143 in 1:09-cv-00680-AKH) MOTION for S ummary Judgment filed by Crown 61 Associates, L.P., Crown Broadway, L.L.C., Crown 61 Corp., Crown Properties, Inc.: In summary, the motion filed by environmental consultant Indoor Environmental Technologies, Inc. is GRANTED in its entirety with respect Socha's claims under both section 200 and section 241(6) of the New York Labor Law, arising from his work at 100 Church Street and 2 World Financial Center. The motion filed by Owner Defendants Boston Properties, Inc. and 90 Church Street, L.P. are DENIED with respect Socha's section 200 claim and section 241(6) claim alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.S(b)(1), arising from his work at 90 Church Street . The motion is GRANTED with respect to Socha's section 241(6) claim alleging violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g). The motion filed by Owner Defendants 110 Church, LLC and Lionshead 110 Development LLC is DENIED with re spect to Socha's section 200 claim and section 241(6) claim alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.S(b)(1), arising from his work at 110-120 Church Street. The motion is GRANTED with resp ect to Socha's section 241(6) claim alleging violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g). The motion filed by Owner Defendants Battery Park City Authority, Merrill Lynch & Co., Inc., and 222 Broadway LLC is DENIED with respect t o Socha's section 200 claim, arising from Socha's work at 2 World Financial Center, 4 World Financial Center, and 222 Broadway. The motion is DENIED with respect to Socha's section 241(6) claim arising from his work at 2 World F inancial Center, alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1), and GRANTED with respect to alleged violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g). The motion is GRANTED with respect to Socha's section 241(6) claim, arising from his work at 4 World Financial Center and 222 Broadway. The motion filed by Owner Defendants Crown 61 Associates, LP, Crown 61 Corp., Crown Broadway LLC, and Crown Properties, Inc., is DENIED with respect to Socha's section 200 claim and GRANTED with respect Socha's section 241(6) claim, arising from his work at 61 Broadway. The motion filed by Owner Defendants American International Realty Corp. and American International Re alty Group is DENIED with respect to Socha's section 200 claim and GRANTED with respect Socha's section 241(6) claim, arising from his work at 70 Pine Street. The motion filed by Owner Defendants Brookfield Financial Properties Inc., Broo kfield Financial Properties, L.P., Brookfield Properties OLP Co. LLC, and Brookfield Properties One WFC G.P. Corp. is DENIED with respect to Socha's section 200 claim, and GRANTED with respect Socha's section 241(6) claim, arising from hi s work at 1 World Financial Center and 1 Liberty Plaza. The motion filed by Environmental Consultant Defendant Ambient Group, Inc. is DENIED with respect to Socha's section 200 claim, DENIED with respect to Socha's section 241(6) claim a lleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1), and GRANTED with respect to alleged violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g), arising from his work at 90 Church Street. The motion filed by Environmental Consultant Defendant Hillmann Environmental Group, Inc. is DENIED with respect to Socha's section 200 claim arising from his work at 1 Liberty Plaza, 1 World Financial Center, and 2 World Financial Center. T he motion is GRANTED with respect to Socha' s section 241 (6) claim arising from his work at 1 Liberty Plaza and 1 World Financial Center. The motion is DENIED with respect to Socha's section 241(6) claim alleging violations of Indust rial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1), and GRANTED with respect to alleged violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g), arising from his work at 2 World Financial Center. The motion filed by En vironmental Consultant Defendant Weston Solutions, Inc. is DENIED with respect to Socha's section 200 claim arising from his work at 222 Broadway, 2 World Financial Center, and 4 World Financial Center. The motion is GRANTED with respect to So cha's section 241(6) claim arising from his work at 222 Broadway and 4 World Financial Center. The motion is DENIED with respect to Socha's section 241(6) claim alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8 (c)(4), and 23-1.8(b)(1), and GRANTED with respect to alleged violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g), arising from his work at 2 World Financial Center. The motion filed by Structure Tone, Inc. is DENIED with respect to Soc ha's Section 200 claim arising from his work at 90 Church Street. The motion is DENIED with respect to Socha's section 241(6) claim alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1), and GRANTED with respect to alleged violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g). The motion filed by Blackmon-Mooring Steamatic Catastrophe, Inc. is DENIED with respect to Socha's Section 200 claim arising from his work at 2 W orld Financial Center. The motion is DENIED with respect to Socha's section 241(6) claim alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1), and GRANTED with respect to alleged violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g). The Clerk shall mark the following motions in No. 09-cv-00680 as terminated: Doc. No. 73, Doc. No. 80, Doc. No. 84, Doc. No. 90, Doc. No. 94, Doc. No. 98, Doc. No. 106, Doc. No. 109, Doc. No. 115, Doc. No. 120, Doc. No. 133, and Doc. No. 143. (Signed by Judge Alvin K. Hellerstein on 9/9/2014) (tn)
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