David S. v. Blizzard Cooling, Inc.

Appellate Division of the Supreme Court of New York

David S. v. Blizzard Cooling, Inc.

2018 NY Slip Op 806

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 6, 2018

Docket5622

StatusPublished

This text of 2018 NY Slip Op 806 (David S. v. Blizzard Cooling, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David S. v. Blizzard Cooling, Inc., 2018 NY Slip Op 806 (N.Y. Ct. App. 2018).

Pincite

Opinion

David S. v Blizzard Cooling, Inc. (2018 NY Slip Op 00806)

David S. v Blizzard Cooling, Inc.

2018 NY Slip Op 00806

Decided on February 6, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 6, 2018
Richter, J.P., Mazzarelli, Webber, Kern, Oing, JJ.

5622 25675/15E

[*1]David S., et al., Plaintiffs-Appellants.

v

Blizzard Cooling, Inc., et al., Defendants-Respondents, Complete Piping & Hearing, et al., Defendants. [And a Third-Party Action]

Law Office of Scott H. Seskin, New York (Scott H. Seskin of counsel), for appellants.

Gartner & Bloom, P.C., New York (Joseph Rapice of counsel), for Deluxe Home Builders Corp., and United Talmudical Academy of Boro Park Inc., respondents.

Gialleonardo, Gizzo & Rayhill, Elmsford (Jonathan R. Walsh of counsel, for Bayport Construction Corp., respondent.

Vigorito, Barker, Porter & Patterson, LLP, Valhalla (Adonaid C. Medina of counsel), for Blizzard Cooling, Inc., respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about January 23, 2017, which, inter alia, denied plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiffs' motion was properly denied in this action where the 16-year-old infant plaintiff was injured when he allegedly fell from an A-frame ladder while attempting to install a metal duct. The record shows that discovery including depositions has not yet been completed, and there are various unresolved factual issues (see e.g. 1626 2nd Ave. LLC v National Speciality Ins. Co., Inc., 148 AD3d 529 [1st Dept 2017]; Brooks v Somerset Surgical Assoc., 106 AD3d 624 [1st Dept 2013]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 6, 2018

CLERK

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