Matter of Steam Pipe Explosion
Matter of Steam Pipe Explosion at 41st St. & Lexington Ave., Index No. 768000/2008 (Sup.Ct., N.Y.Co. 2019). Represented contractor accused of causing nationally reported 2007 steam pipe explosion in midtown Manhattan in mass tort action involving direct claims, cross-claims, and third-party claims. https://en.wikipedia.org/wiki/2007_New_York_City_steam_explosion Co-defendant utility owner, who was represented by Davis Polk and two other firms, sought to pass more than $100 million in losses through to our client blaming various aspects of its epoxy sealant chemical composition for sealing steam system leaks, as well as its negligent application. Following over a decade of discovery, we conceptualized and drafted a complex motion for summary judgment to defeat the utility owner’s claims; our motion was based on spoliation of the steam system and fraud on the court and precipitated an evidentiary hearing before the Supreme Court on these issues. The owner’s claims were soon after discontinued against the contractor.