FARBER BALSAM PAPAIN FERRARI partner Thomas Papain and attorney Darya Kapulina recently prevailed on a motion for summary judgment on liability on behalf of our client, Aesthetonics Inc. d/b/a Remains Lighting ("Remains Lighting"), in a case currently pending in New York County Supreme Court. Remains Lighting is a world-class custom and antique lighting company with a showroom in the heart of Manhattan. Its business was severely damaged due to excavation and underpinning work performed in connection with a 30+ story hotel being constructed next door. Darya Kapulina took the lead in preparing a robust and comprehensive summary judgment motion (as well as an AUirmation in Reply in further support) and Thomas Papain successfully argued the motion in Court during oral arguments. Through the combined eUorts of Darya Kapulina and Thomas Papain, we were able to obtain a critical victory during this litigation. Winning summary judgment on liability means that there is no question of fact that the Defendants are liable for the damage caused to our client.
The case is AESTHETONICS INC. d/b/a REMAINS LIGHTING v. 28TH STREET PROPERTIES LLC, MILESTONE CONSTRUCTION CORP. and DREX CORP., a/k/a NUA, LLC, Index No. 155710/2021, and it is accessible on NYSCEF here.
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