O&B Motion Leads to Summary Judgment
2007

By: Matthew B. Kogan

In Fernandez v. Yates American Machine Co. et al., O&B successfully petitioned the Court on several key areas of law on behalf of our client CitiCapital. In this matter, plaintiff, who had lost a portion of his finger while using a band saw, claimed that CitiCapital had partial responsibility for the band saw and its alleged defects. O&B moved for summary judgment on the following grounds:

1. No evidence had been produced that connected CitiCapital to the Brooklyn Navy Yard or to any machine that may have caused plaintiff's injuries. This was confirmed by affidavit of a Senior Vice President of CitiCapital, as well as the machine records and affidavit provided by co-defendant in support of its own motion. Accordingly, CitiCapital was wrongfully named in this suit, and all claims against it should have been dismissed.

2. O&B proved that plaintiff's claims for punitive damages were groundless, as they did not meet the standards of "gross" or "morally reprehensible" as required by law. Further, plaintiff failed to show that defendant's conduct was actionable as an independent tort, which also allowed O&B to move for withdrawal of his claim for punitive damages.

3. As Citicapital had no connection to the job site or the alleged defective machine, all cross-claims against it should have been dismissed in their entirety.

Matthew Kogan represented CitiCapital in this action.