Somereve v. Plaza Constr. Corp.

Court for the Trial of Impeachments and Correction of Errors

Somereve v. Plaza Constr. Corp.

95 N.E.3d 567, 72 N.Y.S.3d 525, 31 N.Y.3d 936

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedApril 3, 2018

DocketNo. 33

StatusPublished

Cited by2 cases

This text of 95 N.E.3d 567 (Somereve v. Plaza Constr. Corp.) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Somereve v. Plaza Constr. Corp., 95 N.E.3d 567, 72 N.Y.S.3d 525, 31 N.Y.3d 936 (N.Y. Super. Ct. 2018).

Pincite

Opinion

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiffs' motion for partial summary judgment of liability on the Labor Law § 240(1) claim denied, and the certified question answered in the negative.

Here, where there is insufficient evidence concerning how the accident occurred, the requested discovery could aid in establishing what happened, and the note of issue was not due to be filed for another six months, summary judgment was prematurely granted (see Groves v. Land's End Hous. Co., 80 N.Y.2d 978, 980, 592 N.Y.S.2d 643, 607 N.E.2d 790 [1992] ).

Order reversed, with costs, plaintiffs' motion for partial summary judgment of liability on the Labor Law § 240(1) claim denied, and certified question answered in the negative, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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