William R. Pirk, Jr.

Significant Representative Matters: Dismissal on appeal of all claims brought by a construction worker injured when the wall he was instructed to cut into collapsed on him, fracturing his leg. Bill argued that the work plaintiff was performing was not demolition as defined in New York's Industrial Code.; Dismissal on appeal of all claims against the owner and general contractor when the conduit he was installing fell, fracturing his orbital socket. Bill successfully argued that, although the plaintiff had placed the conduit over his head before it fell, it was not a material that was being hoisted or secured.; Dismissal on appeal of all Labor Law claims brought by a painter who was injured when the ceiling he was painting suddenly collapsed, causing him to fall off a ladder.; Partial summary judgment in favor of the owner and general contractor in a wrongful death claim where the decedent was crushed by a concrete slab that was intentionally dropped, dismissing all claims under Labor Law 240(1) and 200, as well as all claims for conscious pain and suffering and per-impact terror.; Summary judgment in favor of a private engineering firm retained by an incorporated village to conduct inspections of a new condominium complex, which was later shown to have been defectively constructed by showing that the purchasers were not third-party beneficiaries of the village's retaining agreement.; Summary judgment in favor of an engineering firm retained to design a seawall enforcing the limitation of damages provision in the retaining agreement when the sea wall was found to be defective. The resulting cost to cure the defect would have greatly exceeded the engineer's fees.