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Leahey v. SP Center LLC

Injury Action Denied Inclusion as Asset in Prior Bankruptcy Case Survives Dismissal Bid

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OPINION

*1 Third-and fourth-party Defendant/fifth-party Plaintiff Precast Services, Inc. (“Precast”) and sixth-party Plaintiffs Mall 1-Bay Plaza (“Bay Plaza”) and Aurora Contractors, Inc. (“Aurora”) (collectively, the “Defendants”) have moved pursuant to Fed. R. Civ. P. Rule 56 for summary judgment to dismiss the Complaint (the “Complaint”) of the Plaintiffs William Leahey (“Mr. Leahey”) and Lauren Leahey (“Mrs. Leahey”) (collectively, the “Plaintiffs”). Based on the facts and conclusions set forth below, the motions of the Defendants are denied.I. Prior ProceedingsThe Plaintiffs commenced this action by filing the Complaint on September 12, 2014 alleging claims of negligence, loss of services, and violations of New York State Labor Laws §§200, 240, and 241(b). Answers were filed by Bay Plaza on October 16, 2014, and by Aurora on January 2, 2015.An amended third-party complaint was filed by SP Center, LLC and Bay Plaza against third-party defendant Precast

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