Representative Matters

Selected Appellate Wins, Trial Victories, and Risk-Transfer Successes

Below are selected results Matthew Lerner has obtained for insurers, property owners, construction companies, and corporate defendants. These summaries highlight experience across New York appellate practice, Labor Law, insurance coverage, indemnification, and complex civil litigation.

Prior results do not guarantee a similar outcome.

Appellate Results

Labor Law § 240(1) Appeal – Liability Reversed

Successfully argued to the Appellate Division that Supreme Court erred in granting plaintiff summary judgment under §240(1), resulting in full reversal and dismissal of the claim.

Pothole vs. Excavation Case – No Duty (First Department)

Won affirmance that a contractor had no liability where the alleged defect (a roadway pothole) was separate from the contractor’s work area, defeating plaintiff’s “continuous dangerous condition” theory.

Summary Judgment Wins

Trip-and-Fall – Property Owner’s MSJ Granted

Obtained dismissal for a commercial owner where plaintiff could not identify the cause of her fall, eliminating seven-figure exposure prior to trial.

Insurance Coverage & Risk Transfer

Additional Insured Coverage Secured

Successfully compelled a carrier to provide defense and indemnification for a property owner in a construction injury claim based on broad-form contractual coverage language.

Late Notice Denial Upheld

Prevailed on coverage dispute where insured’s 11-month delay in reporting a bodily injury claim was unreasonable as a matter of law, relieving the insurer of defense and indemnity.

Construction / Labor Law

Falling Object Claim – No Causation

Won dismissal where plaintiff alleged an unsecured object fell from height; discovery showed no elevation device was required, defeating the §240(1) claim.

Products Liability

Machine Guard Case – Manufacturer Dismissed

Obtained summary judgment for an international manufacturer where the missing guard was removed by the employer post-sale, breaking the causal chain.