Mariani v. City of N.Y

Full title: ANTHONY MARIANI, Plaintiff-Appellant, v. CITY OF NEW YORK, ET AL.…

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

Date published: Apr 8, 2003

304 A.D.2d 358 (N.Y. App. Div. 2003)

756 N.Y.S.2d 844

Opinion

722

April 8, 2003.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 13, 2001, which denied plaintiff's motion for partial summary judgment as to liability upon his Labor Law

Alexander J. Wulwick, for plaintiff-appellant.

Harry Steinberg, for defendants-respondents.

Harry Steinberg, for third-party plaintiffs-respondents.

Harry Steinberg, for third-party defendant-respondent.

Before: Tom, J.P., Andrias, Rosenberger, Williams, JJ.

§ 240(1) claim, with leave to renew, unanimously affirmed, without costs.

Under the unique circumstances of this case, defendants made the necessary "threshold showing" of a need for more discovery (see Best Payphones v. Empire State Payphone Assn., 272 A.D.2d 139). Any doubt should be resolved against summary resolution (see e.g. Millerman v. Georgia Pac. Corp., 214 A.D.2d 362) and here, the record presents a non-speculative reason for doubt as to defendants' liability.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.