Contact:
Donald Carbone
212-465-1597
[email protected]
Scott D. Simon
212-465-1596
[email protected]
Goetz Fitzpatrick’s Donald J. Carbone Defeats NYDOT’s Motion on Appeal to Set Aside A $21 Million Award to GF Client Laquila
Goetz Fitzpatrick LLP senior partner and lead counsel, Donald J. Carbone, obtained a decision awarding approximately $21 million to The Laquila Group Inc. (“Laquila”) against the NYS Department of Transportation (“NYSDOT”) in February 2020 after a 5-day bench trial. The award from the NYS Court of Claims represented delay damages, extended performance and interest. Laquila had previously settled the matter with the NYSDOT for approximately $5 Million, but NYSDOT later backed away from the settlement, forcing a trial of the claims.
The NYS Department of Transportation appealed the Court of Claims’ Decision. The NYS Appellate Division 2nd Department issued a thoughtful and well-articulated decision unanimously affirming the award with minor mathematical corrections. (A copy is attached). Scott Simon assisted Donald in crafting the winning appellate arguments.
In early April, 2024, on behalf of Laquila, Goetz Fitzpatrick LLP filed with the NYS Comptroller the Amended Judgment and the required certifications with the NYS Comptroller requesting payment. The Adjusted Judgment sum as of April 10, 2024, is $28,671,659.69 with interest accruing at $5,101.30 per diem until paid.
Finally, after a 10-year wait, “Justice Prevailed” and Laquila will receive its long overdue payment.
Goetz Fitzpatrick LLP has been offering clients insightful solutions throughout the New York Metropolitan area since 1967. The firm provides its clients with expertise in the areas of Construction and Real Estate, Trusts & Estates Administration & Litigation, Commercial Litigation, Corporate, Bankruptcy, and Labor & Employment. The firm’s office is located at One Penn Plaza, Suite 3100, New York, NY 10119, Telephone 212 695 8100, [email protected], www.goetzfitz.com. You can learn more about Goetz Fitzpatrick on: LinkedIn | X (Twitter) | Soundcloud | YouTube | Facebook | Instagram
