Associate Tom Daly Doubles Down with 2 Pre-Discovery Dismissals.

Associate Thomas Daly has successfully obtained a stipulation of discontinuance in a Labor Law action. The client, a construction contractor based in Bronx County, was mistakenly identified as a defendant due to a bid proposal submitted for a construction project. The client's bid was never accepted by the general contractor, and consequently, the client did not undertake any work at the site in question. Tom conducted a meeting with the client and subsequently prepared an affidavit confirming the client's lack of involvement at the project location where the plaintiff sustained injuries. Although the action had recently been consolidated with two related cases, Tom was able to obtain the plaintiff's agreement to discontinue the action prior to any co-defendants filing crossclaims against our client in the newly consolidated matter. The stipulation of discontinuance was then duly ordered by a Justice of the Bronx County Supreme Court.

In another matter, Tom secured another pre-discovery stipulation of discontinuance in a premises liability case involving two clients of the firm. The clients in this sidewalk slip and fall lawsuit included a corporate landowner located in Kings County and an individual shareholder of that corporation. Our office filed its appearance in March 2024 and promptly engaged an investigator to conduct a property boundary survey. Following the acquisition of an affidavit from the client, Tom effectively utilized the property survey to persuade opposing counsel that the plaintiff's injury actually took place on an adjacent property. A few weeks later, the plaintiff's counsel consented to discontinue the entire action against both clients.  

Life-cycle is a Key Performance Indicator the firm uses as a measure of success for our clients and Tom’s success in both of these matters demonstrates the benefits of a metric-based approach to litigating claims.
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