Yun-Shou Gao v. City of New York

29 A.D.3d 449, 814 N.Y.S.2d 523

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 23, 2006
• Status: Published

Opinion

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered December 8, 2005, which denied plaintiffs’ motion for partial summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

The motion was made before any disclosure had been conducted and was properly denied in the circumstances presented (see CPLR 3212 [f]; McGlynn v Palace Co., 262 AD2d 116 [1999]). Our affirmance is without prejudice to plaintiffs’ renewal of the motion after completion of disclosure (see id.). Concur—Friedman, J.P., Sullivan, Williams, Sweeny and McGuire, JJ.