Mariani v. City of New York

Appellate Division of the Supreme Court of New York

Mariani v. City of New York

304 A.D.2d 358, 756 N.Y.S.2d 844, 2003 N.Y. App. Div. LEXIS 3747

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

DecidedApril 8, 2003

StatusPublished

This text of 304 A.D.2d 358 (Mariani v. City of New York) 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

Mariani v. City of New York, 304 A.D.2d 358, 756 N.Y.S.2d 844, 2003 N.Y. App. Div. LEXIS 3747 (N.Y. Ct. App. 2003).

Pincite

Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 13, 2001, which denied plaintiffs motion for partial summary judgment as to liability upon his Labor Law § 240 (1) claim, with leave to renew, unanimously affirmed, without costs.

Under the unique circumstances of this case, defendants made the necessary “threshold showing” of a need for more discovery (see Best Payphones v Empire State Payphone Assn., 272 AD2d 139 [2000]). Any doubt should be resolved against summary resolution (see e.g. Millerman v Georgia Pac. Corp., 214 AD2d 362 [1995]) and here, the record presents a non-speculative reason for doubt as to defendants’ liability. Concur — Tom, J.P., Andrias, Rosenberger and Williams, JJ.

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Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 13, 2001, which denied plaintiffs motion for partial summary judgment as to liability upon his Labor Law § 240 (1) claim, with leave to renew, unanimously affirmed, without costs.

Under the unique circumstances of this case, defendants made the necessary “threshold showing” of a need for more discovery (see Best Payphones v Empire State Payphone Assn., 272 AD2d 139 [2000]). Any doubt should be resolved against summary resolution (see e.g. Millerman v Georgia Pac. Corp., 214 AD2d 362 [1995]) and here, the record presents a non-speculative reason for doubt as to defendants’ liability. Concur — Tom, J.P., Andrias, Rosenberger and Williams, JJ.

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Bluebook (online)

304 A.D.2d 358, 756 N.Y.S.2d 844, 2003 N.Y. App. Div. LEXIS 3747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mariani-v-city-of-new-york-nyappdiv-2003.

Opinion

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