Chas. H. Sells, Inc. v. Chance Hills Joint Venture

OPINION OF THE COURT

Donald N. Silverman, J.

Motion by plaintiff pursuant to CPLR 3212 for partial summary judgment. Defendants Chance Hills Joint Venture and Silvermine Holding Corp. cross-move pursuant to CPLR 3212 for summary judgment dismissing the complaint, or in the alternative, holding plaintiff’s motion in abeyance and allowing discovery to go forward. A separate special proceeding involving the same issues albeit commenced by defendant Chance Hills was dismissed without prejudice.

These motions are determined as follows:

The crux of this matter is whether work performed by plaintiff for…