Summary
In Bradley, the court denied plaintiff's motion for summary judgment as premature, when the same was made prior to the preliminary conference (Bradley at 380).
Summary of this case from Worbes Corp. v. SebrowOpinion
6836.
October 20, 2005.
Order, Supreme Court, New York County (Rosalyn Richter, J.), entered April 21, 2005, which, insofar as appealed from, denied plaintiffs' motions for partial summary judgment on the issue of defendants-respondents' liability under Labor Law § 240 (1), unanimously modified, on the law and the facts, to grant plaintiffs leave to renew the motions after completion of disclosure, and otherwise affirmed, with separate bills of costs, payable by plaintiffs.
Paul F. McAloon, New York, for appellants.
French Rafter, LLP, New York (Howard K. Fishman of counsel), for Ibex Construction LLC, respondent.
D'Amato Lynch, New York (Arturo M. Boutin of counsel), for Home Depot U.S.A., Inc. and 23rd Street Properties, LLC, respondents.
Fabiani Cohen, LLP, New York (Lisa A. Sokoloff of counsel), for Ruttura Sons Construction Co., respondent.
Before: Saxe, J.P., Ellerin, Williams, Catterson and Malone, JJ.
The motions, which were made before a preliminary conference had been held and before defendants had any opportunity to obtain disclosure, were properly denied as premature under the circumstances presented ( see McGlynn v. Palace Co., 262 AD2d 116). However, plaintiffs should have been granted leave to renew after completion of disclosure ( see id.), and we modify accordingly.