Opinion
5622 Index 25675/15E
02-06-2018
DAVID S., et al., Plaintiffs–Appellants. v. BLIZZARD COOLING, INC., et al., Defendants–Respondents, Complete Piping & Hearing, et al., Defendants. [And a Third–Party Action]
Law Office of Scott H. Seskin, New York (Scott H. Seskin of counsel), for appellants. Gartner & Bloom, P.C., New York (Joseph Rapice of counsel), for Deluxe Home Builders Corp., and United Talmudical Academy of Boro Park Inc., respondents. Gialleonardo, Gizzo & Rayhill, Elmsford (Jonathan R. Walsh of counsel, for Bayport Construction Corp., respondent. Vigorito, Barker, Porter & Patterson, LLP, Valhalla (Adonaid C. Medina of counsel), for Blizzard Cooling, Inc., respondent.
Law Office of Scott H. Seskin, New York (Scott H. Seskin of counsel), for appellants.Gartner & Bloom, P.C., New York (Joseph Rapice of counsel), for Deluxe Home Builders Corp., and United Talmudical Academy of Boro Park Inc., respondents.
Gialleonardo, Gizzo & Rayhill, Elmsford (Jonathan R. Walsh of counsel, for Bayport Construction Corp., respondent.
Vigorito, Barker, Porter & Patterson, LLP, Valhalla (Adonaid C. Medina of counsel), for Blizzard Cooling, Inc., respondent.
Richter, J.P., Mazzarelli, Webber, Kern, Oing, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about January 23, 2017, which, inter alia, denied plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Plaintiffs' motion was properly denied in this action where the 16–year–old infant plaintiff was injured when he allegedly fell from an A-frame ladder while attempting to install a metal duct. The record shows that discovery including depositions has not yet been completed, and there are various unresolved factual issues ( see e.g. 1626 2nd Ave. LLC v. National Specialty Ins. Co., Inc., 148 A.D.3d 529, 48 N.Y.S.3d 596 [1st Dept. 2017]; Brooks v. Somerset Surgical Assoc., 106 A.D.3d 624, 966 N.Y.S.2d 65 [1st Dept. 2013] ).