From Casetext: Smarter Legal Research

Bral v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1995
221 A.D.2d 283 (N.Y. App. Div. 1995)

Summary

finding that there was a triable issue of fact as to whether the defendant construction company had performed work at the site of the accident, where the defendant's denial "was made solely by its principal and was otherwise unsupported" and where the "[p]laintiffs . . . submitted documentary evidence in the form of a building permit issued to, and insurance certificates obtained by, defendant . . . for the worksite"

Summary of this case from Phila. Indem. Ins. Co. v. PAR Plumbing, Co.

Opinion

November 28, 1995

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).


The drastic remedy of summary judgment may not be granted if there is any doubt whatever as to the existence of an unresolved issue of fact ( see, e.g., Phillips v Kantor Co., 31 N.Y.2d 307, 311; Ramsammy v City of New York, 216 A.D.2d 234, 236-237). Here, defendant Quigg Construction's claim, that it did not perform any work at the site of the subject accident, was made solely by its principal and was otherwise unsupported. Plaintiffs, on the other hand, submitted documentary evidence in the form of a building permit issued to, and insurance certificates obtained by, defendant Quigg Construction for the worksite. Thus, there was a triable issue of fact as to whether Quigg actually performed the work.

Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.


Summaries of

Bral v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1995
221 A.D.2d 283 (N.Y. App. Div. 1995)

finding that there was a triable issue of fact as to whether the defendant construction company had performed work at the site of the accident, where the defendant's denial "was made solely by its principal and was otherwise unsupported" and where the "[p]laintiffs . . . submitted documentary evidence in the form of a building permit issued to, and insurance certificates obtained by, defendant . . . for the worksite"

Summary of this case from Phila. Indem. Ins. Co. v. PAR Plumbing, Co.

In Bral, the First Department affirmed the finding below that triable issues of fact existed as to whether defendant performed the work at issue, where the defendant's principal's claim to the contrary was controverted by documentary evidence, including a building permit and a certificate of insurance.

Summary of this case from Diggs v. 125TH St. Holdings LLC
Case details for

Bral v. City of New York

Case Details

Full title:JAHANGIR BRAL et al., Respondents, v. CITY OF NEW YORK, Respondent, and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 28, 1995

Citations

221 A.D.2d 283 (N.Y. App. Div. 1995)
634 N.Y.S.2d 98

Citing Cases

Schneiderman v. City of New York

In addition, plaintiff's reliance on Bral v City of New York, 221 A.D.2d 283 (1st Dept 1995) and Whitfield v…

Rosario v. D.R. Kenyon Son, Inc.

The motion court properly denied defendant Kenyon's cross motion for summary judgment as untimely since it…