Montalvo v. Mumpus Restorations, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated March 28, 2012, as granted the plaintiffs motion to restore the action to active status and denied its cross motion, in effect, to dismiss the complaint with prejudice pursuant to CPLR 3404 and the doctrine of laches.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was working at a residential building when he allegedly was struck by a bucket of roofing adhesive that fell from…
2Cases cited6 opinions
- Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
- Lane v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
- Bornstein v. Clearview Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Dokaj v. Ruxton Tower Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 2008
- Pucar v. L.H. Charney Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by11 opinions
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- Ortiz v. Wakefern Food Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Melendez v. Plato General ContractorAppellate Division of the Supreme Court of the State of New York · 2015
- Liew v. Jeffrey Samel & PartnersAppellate Division of the Supreme Court of the State of New York · 2017
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