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  • Blog Title: C&D Construction Column

    The End of Pay and Chase? Proposed Changes to the CLPR Would Significantly Change Risk Transfer Paradigm in New York

    Historically, New York’s procedural rules prohibited plaintiffs from directly suing, and recovering judgments against, third-party defendants. In our practice, this rule most commonly comes up in two ways: Plaintiff’s recovery is limited to what the defendants can pay, regardless of the financial resources of third parties who might be liable to the defendants. Defendants are […]

    Cullen and Dykman’s Construction Litigation Group Completes OSHA-30 Training As New York Implements New OSHA Requirements For Construction Workers

    Cullen and Dykman’s Construction Litigation Group, which consists of over thirty attorneys licensed in both New York and New Jersey, recently completed the Occupational Safety and Health Administration (“OSHA”) thirty hour course. OSHA is a federal agency that administers standards and rules for employers across the country, including construction companies, contractors, and developers. In the […]

    New Rules for Complex Construction Litigation in New Jersey

    On September 1, 2018, New Jersey’s Complex Business Litigation Program (“CBLP”) officially took effect and an entire new set of procedural rules designed to streamline case management, Discovery, and motion practice in complex construction cases became operative. These rules, which are found in a new Chapter XI within Part IV of the New Jersey Rules […]

    Construction Litigation Group Secures Summary Judgment on Major New York Construction Lawsuit

    The Construction Litigation Group has secured a complete dismissal of a New York Labor Law personal injury suit where the injured Plaintiff claimed 5 surgeries, over $3 million in lost wages and a total damages claim including pain and suffering of over $6 million dollars.  The suit was brought by an iron worker Plaintiff represented […]

    NY Court of Appeals: ‘Private’ Social Media Is Discoverable – Foreman v. Henkin

    On February 13, 2018, the Court of Appeals issued Kelly Foreman v. Mark Henkin, an opinion which confirms the broad scope of discovery as it pertains to social media. The ruling—which pertained to social media content that had been identified as “private” by a  plaintiff on her Facebook account—  resolves an ongoing conflict among lower […]

    “Burlington” Assessment Published In New York Law Journal

    Cullen and Dykman LLP is proud to announce the recent publication of “Burlington: Duty to Defend Additional Insureds Still Going Strong”, in the New York Law Journal. The article discusses the impact of the recent Court of Appeals decision Burlington Ins. v. NYC Transit Auth. and can be accessed by clicking here. The article was authored by […]


    On July 21, 2017, Cullen and Dykman LLP secured summary judgment dismissing Labor Law 240 in a complex Labor Law action involving damages claimed to be in excess of $ 4 million. The trial court held that falling from stilts while installing sheetrock could not be a gravity-related claim cognizable under Labor Law 240 since […]

    John Sparling Published in “Construction Today”

    John Sparling, head of the firm’s Construction Litigation group, was published in the May 17, 2017 edition of Construction Today. The article, titled “Accident Scene Investigation 101”, appeared as the lead story in the Commercial Section of the May 2017 print issue, and can be accessed here: http://www.construction-today.com/sections/columns/3086-accident-scene-investigation-101. Construction Today is a print and digital publication that provides […]