Partner Bob Cosgrove and associate Erin Connolly were awarded summary judgment in the Pennsylvania Court of Common Pleas, Philadelphia County, in a construction defect lawsuit.
The case of Horowski v. Neal F. Rubin, et al. arose out of the new construction of a single family residence in Philadelphia, PA, which the plaintiffs bought and thereafter alleged to have been defective. As a result of the defects, the plaintiffs sued a number of parties, including the general contractor. In turn, the general contractor sued our client, a roofing subcontractor. In its joinder complaint, the general contractor alleged, inter alia, that our client's roofing work was defective.
After the completion of discovery and depositions, we moved for summary judgment, arguing that there was no evidence demonstrating that Aklym’s work was defective. In support of our argument, we highlighted the depositions of the City’s inspector and the plaintiffs’ home inspector as well as the plaintiffs’ expert reports, all of which clearly demonstrated that our client's work was not defective. Ultimately, the court agreed with our position and dismissed all claims against our client.
For more information about this post please e-mail <a href="mailto:%firstname.lastname@example.org"target="_blank">Bob Cosgrove </a>.