LUE v. FINKELSTEIN & PARTNERS, LLP

513637.

94 A.D.3d 1386 (2012)

943 N.Y.S.2d 636

2012 NY Slip Op 3259

KEVIN LUE, Respondent, v. FINKELSTEIN & PARTNERS, LLP, et al., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 26, 2012.


LAHTINEN, J.

In January 2002, plaintiff, while working for O'Connell Electric, fell from a scissor lift at a construction work site owned by K-Mart Corporation. Defendants failed to preserve plaintiff's Labor Law § 240 claim during K-Mart's chapter 11 bankruptcy, resulting in the claim being reduced to zero dollars by the Bankruptcy Court in 2004. Plaintiff, represented by new counsel, subsequently commenced an action against various defendants, but his claim...

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