Kevin Horbatiuk Wins Summary Judgment

April 29, 2015

On April 21, 2015 Kevin Horbatiuk won summary judgment dismissing all claims against his client, Cunningham Duct Cleaning Company ( Bunay vs 100 Church Street LLC et al.  United States District Court, Southern District of New York,  07 Civ 1572 ) . United States District Judge Alvin K. Hellerstein, who presides over the combined docket of plaintiffs seeking damages as a result of the “off the pile” clean up work they performed in Lower Manhattan subsequent to the terrorist attack on the World Trade Center,  found that as a matter of law Cunningham owed no duty to the plaintiff under the New York Labor Law and thus dismissed all claims against Cunningham. Mr. Bunay’s case will proceed to trial against the remaining defendants. 

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