Doo Won Choi v. B.H.N.V. Realty Corp.

Appellate Division of the Supreme Court of New York

Doo Won Choi v. B.H.N.V. Realty Corp.

240 A.D.2d 619, 659 N.Y.S.2d 1001, 1997 N.Y. App. Div. LEXIS 6849

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

DecidedJune 23, 1997

StatusPublished

Cited by5 cases

This text of 240 A.D.2d 619 (Doo Won Choi v. B.H.N.V. Realty Corp.) 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.

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Doo Won Choi v. B.H.N.V. Realty Corp., 240 A.D.2d 619, 659 N.Y.S.2d 1001, 1997 N.Y. App. Div. LEXIS 6849 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated November 27, 1996, which granted the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.

The inconsistent versions of the accident presented by the plaintiff at his examination before trial and in his affidavit raise a question of fact as to his credibility (see, Xirakis v 1115 Fifth Ave. Corp., 226 AD2d 452; Miller v Long Is. Light. Co., 166 AD2d 564; Donohue v Elite Assocs., 159 AD2d 605) which precludes the granting of summary judgment.

The defendant’s contention that it is entitled to summary judgment dismissing the cause of action predicated on Labor Law § 200 is unpreserved for appellate review. Bracken, J. P., Santucci, Goldstein and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated November 27, 1996, which granted the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.

The inconsistent versions of the accident presented by the plaintiff at his examination before trial and in his affidavit raise a question of fact as to his credibility (see, Xirakis v 1115 Fifth Ave. Corp., 226 AD2d 452; Miller v Long Is. Light. Co., 166 AD2d 564; Donohue v Elite Assocs., 159 AD2d 605) which precludes the granting of summary judgment.

The defendant’s contention that it is entitled to summary judgment dismissing the cause of action predicated on Labor Law § 200 is unpreserved for appellate review. Bracken, J. P., Santucci, Goldstein and Luciano, JJ., concur.

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Bluebook (online)

240 A.D.2d 619, 659 N.Y.S.2d 1001, 1997 N.Y. App. Div. LEXIS 6849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doo-won-choi-v-bhnv-realty-corp-nyappdiv-1997.

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