Giordano v. Forest City Ratner CompaniesGiordano v. Forest City Ratner Companies
Contrary to both parties’ contentions, on this record, the trial court providently exercised its discretion in fixing the amount and duration of maintenance awarded to the defendant (see Scarlett v Scarlett, 35 AD3d 710, 711 [2006]), after due consideration of the relevant factors (see
Moreover, the trial court providently exercised its discretion in denying the defendant‘s application for additional counsel fees (see
In calculating the value of the liquid marital assets subject to equitable distribution, the trial court erred in crediting the plaintiff for his share of $163,004 in taxes paid by deducting the sum of $81,502 from the defendant‘s distributive award when, in fact, the court had already accounted for this sum by deducting the sum of $163,004 from the marital estate prior to calculating the defendant‘s distributive award. Accordingly, the defendant‘s distributive award should be increased by the sum of $81,502.
The parties’ remaining contentions are without merit. Miller, J.P., Goldstein, Fisher and Covello, JJ., concur.
In a consolidated action to recover damages for personal
Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants’ motion which was for summary judgment dismissing so much of the complaint as sought to recover damages pursuant to
The plaintiff, Brian Giordano, a carpenter, allegedly was injured at a construction site when a gust of wind blew a 4’ by 8’ sheet of plywood into the back of his head. The impact knocked him to the deck. The plaintiff commenced two actions, later consolidated, against the defendants asserting, inter alia, a claim to recover damages pursuant to
The building on which the plaintiff was working was being constructed by pouring concrete to create the floors and pillars of the structure. The provisions of
The plaintiff was in the process of creating the form for the concrete before concrete would be poured; however, metal workers would have to install the rebar. The Supreme Court, citing the Appellate Division, First Department‘s decision in Morris v Pavarini Constr. (30 AD3d 177 [2006], revd 9 NY3d 47 [2007]), ruled that section 23-2.2 (a) does not apply beсause the form had not yet been completed. In Morris v Pavarini Constr., the First Department held section 23-2.2 (a) inapplicable to forms that had not been completed. The Court of Appeals has since reversed the First Department‘s decision based on the inadequacy of the record (see Morris v Pavarini Constr., 9 NY3d 47 [2007]). In that case, no experts were advanced by the defendants, and the plaintiff‘s engineer did not address whether the words of the Industrial Code rule could sensibly be applied to anything but completed forms. Likewise, at bar we have no expert opinion addressing this issue. Consequently, the defendants F.C. Foley Square Associates, LLC, and FCR Construction Services, LLC, as the proponents of the motion, did not establish their prima facie entitlement to summary judgment dismissing the complaint to the extent the complaint relied on an alleged violation of section 23-2.2 (a) (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]), and the Supreme Court thus erred in granting their motion to that extent. Crane, J.P., Goldstein, Dillon and Carni, JJ., concur.
Crane, J.P., Goldstein, Dillon and Carni, JJ.