A Shearman & Sterling pro bono team has earned a significant litigation victory for Harlem Children’s Zone (HCZ), a longtime client of the firm.

HCZ, a nonprofit organization that supports charter schools and administers social services programs in Harlem and other underserved New York City neighborhoods, was named as a defendant in a putative construction accident case filed in 2007 in New York Supreme Court. The case was brought by a contract worker who allegedly fell while working in the lobby of HCZ's newly constructed headquarters in Harlem. The worker brought four claims against HCZ, under Labor Law Sections 200, 240(1), and 241(6), and for common law negligence. The worker sought damages of approximately $3.35 million, plus additional damages for pain and suffering.

The Shearman & Sterling team moved for summary judgment in early 2011 after more than four years of litigation. “In extensive briefing, and orally before Justice Scarpulla, we argued that all four claims fail as a matter of law,” explains supervising partner John Gueli (New York-Litigation). “Our principal argument was that the work allegedly being performed at the time of the accident, hanging window shades, did not significantly impact the structure of the underlying building, and thus did not meet the Labor Law's definition of ‘construction,’ a prerequisite to recovery in this case. Justice Scarpulla agreed with us and entered summary judgment on all four claims, dismissing the case in its entirety.” Gueli added that the client is “thrilled” with the outcome.

Several Shearman & Sterling lawyers and legal assistants have worked on the case, although for the past three years, the Shearman & Sterling team consisted of associates Casey O’Neill, Andrew Rodgers (both New York-Litigation), Jeffrey Kalikow (New York-Finance), and case manager Michael Reid (New York-Litigation).