Scott v. University of Rochester

Appellate Division of the Supreme Court of New York

Scott v. University of Rochester

1 A.D.2d 945, 767 N.Y.S.2d 760, 1 A.D.3d 945, 2003 N.Y. App. Div. LEXIS 12259

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

DecidedNovember 21, 2003

StatusPublished

Cited by1 cases

This text of 1 A.D.2d 945 (Scott v. University of Rochester) 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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Scott v. University of Rochester, 1 A.D.2d 945, 767 N.Y.S.2d 760, 1 A.D.3d 945, 2003 N.Y. App. Div. LEXIS 12259 (N.Y. Ct. App. 2003).

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Opinion

Appeal from an order of Supreme Court, Monroe County (Lunn, J.), entered August 19, 2002, which denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. seeking leave to renew.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. (Ruffin’s) seeking leave to renew with respect to plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin’s that “there has been a change in the law that would change the prior determination” granting plaintiffs motion (CPLR 2221 [e] [2]; see Thompson v St. Charles Condominiums, 303 AD2d 152, 154 [2003], lv dismissed 100 NY2d 556 [2003]; Outar v City of New York, 286 AD2d 671, 672-673 [2001]). Present — Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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Appeal from an order of Supreme Court, Monroe County (Lunn, J.), entered August 19, 2002, which denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. seeking leave to renew.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. (Ruffin’s) seeking leave to renew with respect to plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin’s that “there has been a change in the law that would change the prior determination” granting plaintiffs motion (CPLR 2221 [e] [2]; see Thompson v St. Charles Condominiums, 303 AD2d 152, 154 [2003], lv dismissed 100 NY2d 556 [2003]; Outar v City of New York, 286 AD2d 671, 672-673 [2001]). Present — Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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Bluebook (online)

1 A.D.2d 945, 767 N.Y.S.2d 760, 1 A.D.3d 945, 2003 N.Y. App. Div. LEXIS 12259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-university-of-rochester-nyappdiv-2003.

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