Legal Opinion
Van Dina v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2002PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 22, 2001, which, inter alia, granted plaintiffs motion to renew, and upon renewal, granted plaintiff partial summary judgment against defendant the City of New York on his Labor Law § 240 (1) and § 241 (6) claims, unanimously affirmed, without costs.
The motion court properly exercised its discretion in granting renewal based on plaintiffs submission of new testimony by a nonparty witness, who did not comply with a deposition subpoena served by plaintiff at the time of the initial motion (see, Nelson v RPH Constr. Corp.,…
2Cases cited6 opinions
- Rue v. StokesAppellate Division of the Supreme Court of the State of New York · 1993
- Levbarg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Stankowski v. KimAppellate Division of the Supreme Court of the State of New York · 2001
- Bragagnolo v. EMC Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Nelson v. RPH Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by4 opinions
- IRB-Brasil Resseguros S.A. v. Portobello International Ltd.Appellate Division of the Supreme Court of the State of New York · 2011
- Foster Diagnostic Imaging v. General Assurance Co.Civil Court of the City of New York · 2005
- Nava-Juarez v. Mosholu Fieldston Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Rivera v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2018