After oral argument, Salman Malik won dismissal of the plaintiff’s complaint against our clients in Chaca v. 1164 Greene Ave, LLC, Index No. 507449/2015 (Supreme Court, Kings County). The plaintiff claimed that her building was damaged when it shifted and settled as a result of adjacent demolition, excavation, underpinning and construction work. During the argument on our motion to dismiss pursuant to CPLR 3211(a)(1)(7) and 3212, Mr. Malik argued that our clients performed no construction work at the adjacent premises. Even though discovery was not completed in the case including the depositions of our clients, Mr. Malik argued that the defendants had established entitlement to judgment dismissing the case. The Court agreed and the case was dismissed. No appeal of the decision was taken.
