Effective January 1, 2009, Newman Fitch Altheim Myers, P.C. changed its name to Newman Myers Kreines Gross Harris, P.C. The firm's address and all telephone numbers remain the same. The firm's website is now found at www.nmkgh.com.

We obtained summary judgment on behalf of our construction manager client dismissing all claims against them in a New York County personal injury action. Plaintiff alleges she was injured when she tripped and fell in the parking garage at Lawrence Hospital Center. We argued that our client's contracted work did not involve the parking garage nor was the garage used to store our client's materials or equipment. Diane Bagdy v. Bovis Lend Lease, Inc., Supreme Court, New York County; Index No. 11164/07 (September 2008)

We commenced a declaratory judgment action in The New York State Court of Claims seeking defense and indemnity for a site owner and its general liability insurer. The underlying plaintiff had claimed that he had sustained injuries while performing cleaning and maintenance services at a construction site and a jury verdict had been rendered in the sum of $733,041.53 plus statutory interest. After our motion for summary judgment was denied in part, we moved to renew and/or reargue the court's decision. Upon renewal and reargument, the Court of Claims held that our clients' claims were not prematurely raised and that they were entitled to summary judgment on the issue of liability thus requiring the verdict and attorney fees originally paid by our clients to be reimbursed by the defendant. Dormitory Authority of the State of New York and Travelers Indemnity Company v. The City University of New York, Court of Claims; Claim No. 106693 (August 2008)

 We obtained summary judgment for our client in a personal injury action arising out of a slip and fall accident which occurred on our client's commercial premises. We argued that our client did not have either actual or constructive notice of the alleged defect which was claimed to be water on the floor of the flower store premises. We successfully argued and the Court held that although there was evidence that the water was on the floor for approximately 15 minutes before the plaintiff's accident, the plaintiff failed to notify our client and therefore could not prove that they were aware of the dangerous condition. Munoz v. Uptown Paradise T.P, Supreme Court, New York County; Index No. 108147/2006 (August 2008).

We represented one of two co-plaintiffs in this real property action. The pro se defendant owns and resides on property contiguous to portions of the plaintiffs' property and constructed, occupied and claimed ownership of a fence and other items which encroach upon the plaintiffs' property. Plaintiffs brought this action to remove the encroachments and quiet title. After more than a year of attempting to obtain discovery, plaintiffs brought a motion to strike defendant's answer and award judgment to the plaintiffs. The defendant failed to respond to the motion which was granted on default. Some two months later, defendant brought two separate motions to vacate the default and/or reargue plaintiffs' motion to strike. We succeeded in opposing defendant's motions on the basis that only an appeal is a proper remedy for an order pursuant to CPLR 3126, striking the answer as a discovery sanction. Lambert v. Kulungara, Supreme Court, Westchester County; Index No.: 2255/06 (July 2008).

We represented a large interstate company against whom a complaint was filed in the New York State Division of Human Rights alleging employment discrimination arising out of a claimed unlawful discriminatory practice based on race/color in violation of New York State Human Rights Law §§296 and Title VII of the Civil Right Act of 1964. We argued that the reason the Complainant was not hired by our client was due to a negative reference provided by a former employer and not based on race and further that the Complainant did not meet the Respondent's minimum qualifications. At the scheduled Conference, all parties appeared and the Complainant withdrew his complaint as he was advised that it would be dismissed if not withdrawn. New York State Division of Human Rights Case No. 10124283 (June 2008)