Leading Telecommunications Company – Successfully Defeated an Action at the Motion to Dismiss Stage
Herrick successfully defeated an action at the motion to dismiss stage for its client, a leading telecommunications company. The plaintiff, a public works contractor, sued the telecommunications company for over $2.2 million.
In opposing the motion, Herrick explained that whenever “interference work” is anticipated or involved in conjunction with a City project, the contract includes an addendum called “Section U” (or a specific directive from the City) that identifies what specific work is anticipated. The absence of a Section U addendum in the City contract confirmed that the telecommunications company had no obligation to pay for any protection work that was not agreed upon.
In his comprehensive 20-page decision, Justice Joel M. Cohen adopted all of our arguments, including on the relevance of Section U. This is particularly noteworthy because Courts rarely address these issues.