Success at Summary Judgment - DWS Lenox v. Unitone Communications Systems, Inc.

Kirschenbaum & Kirschenbaum received successful summary judgment determination, dismissing our client from complex litigation thanks to the diligent work of Neil Asnen, Esq. and supervision of Kenneth Kirschenbaum, Esq.

The facts are as follows: Plaintiff brought suit derivatively on behalf of the Board of Managers of a Condominium against all parties associated with the design, development, construction, marketing and sale of the Condominium building and its individual units.  Defendant Unitone Communication Systems, Inc. was subcontracted to install a video intercom system for the building.  Plaintiff sues Unitone for relief under theories of negligence and breach of contract.

Prior to a protracted discovery process, including party depositions, our office filed a motion for an order granting summary judgment in Unitone’s favor and against Plaintiff seeking the dismissal of all claims against Unitone with prejudice arguing that Plaintiff failed to state its causes of action for negligence due to the fact that Plaintiff could not identify a duty that Unitone breached independent of its contractual obligations and that tort liability cannot be imposed by non-contracting third parties, and failed to state its cause of action for breach of contract because Plaintiff was not an intended beneficiary and therefore could not enforce the terms of the subcontracting agreement Unitone executed with the general contractor.  Ultimately, the Court agrees and dismisses all claims against Unitone with prejudice.

 

Neil Asnen, Esq.
Kirschenbaum & Kirschenbaum PC
200 Garden City Plaza, Suite 500
Garden City, NY  11530
Office: (516) 747-6700
Fax: (516) 747-6781
Email: nasnen@kirschenbaumesq.com
Website: www.KirschenbaumEsq.com