Palermo v. 7 W. 21 LLC

3 Citing cases

  1. Vega v. Metro. Transp. Auth.

    212 A.D.3d 587 (N.Y. App. Div. 2023)   Cited 12 times

    When reviewing a motion for summary judgment, we must view the evidence in the light most favorable to the nonmoving party, including drawing all reasonable inferences in favor of the nonmoving party (see e.g. Matter of Eighth Jud. Dist. Asbestos Litig., 33 N.Y.3d 488, 496 [2019]). Here, the record presents triable issues of fact as to whether the laborers were engaged in some lifting of the rail as they tried to move it; whether the rail required securing to move it safely; whether a safety device of the kind enumerated in Labor Law ยง 240(1) was warranted and usable in the track area in question; and whether plaintiff's injuries were a direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential (see generally Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 18 N.Y.3d 1 [2011]; Greene v Raynors Lane Prop. LLC, 194 A.D.3d 520 [1st Dept 2021]; Palermo v 7 W. 21 LLC, 192 A.D.3d 560 [1st Dept 2021]).

  2. US Pony Holdings, LLC v. Fashion Footwear LLC

    2024 N.Y. Slip Op. 31089 (N.Y. Sup. Ct. 2024)

    The court denies Fashion's motion to compel. A party is not entitled to discovery where the party fails to show that the discovery is material and necessary to the prosecution or defense of claims in the case (Pacelli v Peter L. Cedeno & Associates, P.C., 192 A.D.3d 560 [1st Dept 2021] [holding that plaintiffs were not entitled to information "unrelated to any elements of their claims"]; Foster v Snow, 221 A.D.3d 405, 406 [1st Dept 2023] [holding that the court "providently exercised its discretion in denying defendants' motion to compel" where the defendants "failed to show that this discovery was relevant and necessary to their defense of plaintiffs' claims"]).

  3. O'Connor v. Soc'y Pass Inc.

    2023 N.Y. Slip Op. 33787 (N.Y. Sup. Ct. 2023)

    A movant seeking relief under CPLR 3124 must show that the discovery sought is "material and necessary" to their claim or defense (Pacelli v Peter L. Cedeno & Assoc., P.C., 192 A.D.3d 560 [1st Dept 2021]). A motion to compel should be denied where it is "entirely speculative" (Leventhal v Bayside Cemetery, 188 A.D.3d 604 [1st Dept 2020] [citations omitted]).