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

Appellate Division of the Supreme Court of the State of New York·Decided November 21, 2003·Published·Cited by 1 cases

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.

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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1 A.D.2d 945 (Scott v. University of Rochester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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