Opinion
Nos. 1967,1968,1969,1970 Case Nos. 2023-00904 2023-00907 2023-00908 2023-00909 Index No. 152443/17
04-04-2024
Daniel Merlo, Plaintiff-Appellant, v. LCOR 55 Bank Street LLC, et al., Defendants-Respondents, Ecker Window Corp., et al., Defendants.
Sacks & Sacks LLP, New York (Scott N. Singer of counsel), for appellant. Black Marjieh & Sanford LLP, Elmsford (Steven R. Lau of counsel), for LCOR 55 Bank Street LLC, LCOR Incorporated, WP North Tower, LLC and LRC Construction LLC, respondents. Ahmuty, Demers & McManus, Albertson (Nicholas P. Calabria of counsel), for Precision Carpentry of Westchester, Inc., respondent.
Sacks & Sacks LLP, New York (Scott N. Singer of counsel), for appellant.
Black Marjieh & Sanford LLP, Elmsford (Steven R. Lau of counsel), for LCOR 55 Bank Street LLC, LCOR Incorporated, WP North Tower, LLC and LRC Construction LLC, respondents.
Ahmuty, Demers & McManus, Albertson (Nicholas P. Calabria of counsel), for Precision Carpentry of Westchester, Inc., respondent.
Before: Renwick, P.J., Manzanet-Daniels, Kennedy, Mendez, Michael, JJ.
Order, Supreme Court, New York County (Frank P. Nervo, J.), entered January 9, 2023, which denied plaintiff's motion for partial summary judgment on liability, unanimously affirmed, without costs. Appeals from orders, same court and Justice, entered January 9, 2023, which resolved certain discovery matters, unanimously dismissed, without costs, as abandoned.
Plaintiff is correct that the outstanding discovery did not warrant denial of his motion, as it concerned damages rather than liability. Nevertheless, the motion was properly denied on its merits since questions of fact exist as to whether plaintiff's fall occurred in a passageway so as to implicate Industrial Code (12 NYCRR) § 23-1.7(e)(1) (see Pawlicki v 200 Park, L.P., 199 A.D.3d 578, 579 [1st Dept 2021]; Prevost v One City Block LLC, 155 A.D.3d 531, 535 [1st Dept 2017]). Regarding plaintiff's Labor Law § 200 and common-law negligence claims, questions of fact exist as to whether defendants had notice of the condition that allegedly caused plaintiff's fall (see Coon v WFP Tower B Co. L.P., 220 A.D.3d 407, 408-409 [1st Dept 2023]).