Mariani v. City of New York , 756 N.Y.S.2d 844 ( 2003 )


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  • Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 13, 2001, which denied plaintiffs motion for partial summary judgment as to liability upon his Labor Law § 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 AD2d 139 [2000]). Any doubt should be resolved against summary resolution (see e.g. Millerman v Georgia Pac. Corp., 214 AD2d 362 [1995]) and here, the record presents a non-speculative reason for doubt as to defendants’ liability. Concur — Tom, J.P., Andrias, Rosenberger and Williams, JJ.

Document Info

Citation Numbers: 304 A.D.2d 358, 756 N.Y.S.2d 844

Filed Date: 4/8/2003

Precedential Status: Precedential

Modified Date: 1/13/2022