Mariani v. City of New York

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

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.