Keith M. Andresen

Keith is a shareholder in the Casualty Department and Co-Chair of the New York Construction & Labor Law practice. As an insurance defense litigator, he devotes his practice to premises liability, automobile liability and New York State Labor Law matters. He also has experience defending property damage and construction defect claims.

Keith also has experience assisting small businesses with proactive claim solutions.

He graduated from Long Island University in 2003 with honors and earned his juris doctor from CUNY Law School in 2006 where he was a member of law review.

Outside of the office he enjoys spending his time with his wife and two children, watching the Mets and running.

Honors & Awards

•New York Metro Super Lawyer Rising Star, 2015-2017

Classes / Seminars Taught

•New York State Labor Law Primer, Marshall Dennehey Client Presentation, July 29, 2025

Results

New York Labor Law Case Dismissed

We obtained summary judgment in New York County in a case where the plaintiff, a construction laborer, was struck by a rolling dumpster and sustained severe crush injuries to his left foot and leg. The plaintiff, the dumpster company and the subcontractors alleged our general contractor client was responsible for overall site safety. After obtaining billing and work records for the project, the client confirmed that it did not have any involvement in the project, and we moved for summary judgment. After oral argument, the court granted our motion in its entirety and dismissed the case and all cross-claims.

Thought Leadership

Case Law Alerts

Court of Appeals Narrows “Arising Out of Performance of Work” Standard

April 1, 2026

In Dibrino v. Rockefeller Center North, Inc., (2025 N.Y. Slip Op 070077, December 18. 2025), the plaintiff-carpenter was injured while using an electrical subcontractor’s ladder at the worksite. The general contractor and owner sought contractual indemnification against the electrical subcontractor citing the “arising out of the performance of the work” provision within the contract. The electrical subcontractor moved to dismiss the contractual indemnification claims. The court of appeals found that the provision was not triggered due to the plaintiff’s unauthorized use of an unattended ladder instead of using the scaffold and ladder supplied by his co-worker. This seems to narrow the “arising out of work” trigger for contractual indemnity analysis. A subcontractor’s specific work and actions at any construction site must be scrutinized under this case in order to ascertain whether indemnity provisions are triggered.

Case Law Alerts

New York’s AVOID Act Imposes Strict Deadlines on Third-Party Actions Starting April 2026

January 1, 2026

On December 19, 2025, Governor Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (L. 2025, ch. 704), amending CPLR 1007 to impose, for the first time, strict deadlines on third-party practice in New York civil litigation. Effective April 18, 2026, the Act is intended to streamline cases and curb delay tactics caused by late or excessive impleading, while shifting greater responsibility to both defendants and plaintiffs to identify all potentially liable parties early in the case.Under the new rules, defendants must file third-party complaints within 60 days of serving an answer when based on contractual indemnification, or within 60 days of learning of a potentially liable party under common-law theories. Second-tier third-party actions must be filed within 45 days, with subsequent tiers limited to 30 days and then 20 days. Extensions are capped at 30 days absent a court order, and no impleader is permitted after the filing of the Note of Issue; late filings will be severed or dismissed without prejudice and may not later be consolidated back into the main action. Limited exceptions apply, including certain workplace injury claims against employers (such as “grave injury” cases or when the employer’s identity was unknown), where parties have up to 120 days from the relevant triggering event.While designed to accelerate litigation, the AVOID Act may introduce new practical challenges. Counsel-particularly in complex matters like construction cases-will need to investigate liability and pursue tenders much earlier, potentially leading to expanded discovery, additional depositions, and increased motion practice. Although rights to contribution or indemnity are preserved through separate actions, settlements with plaintiffs may waive contribution rights, complicating resolution and potentially giving plaintiffs a strategic tool to restrict third-party practice and risk transfer.

News

Keith M. Andresen Returns to Marshall Dennehey as Co-Chair of the Firm’s New York Construction & Labor Law Practice Group

July 17, 2024