Patino v. Drexler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered April 9, 2013, which, insofar as appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the Labor Law § 241 (6) claim, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.
The court properly declined to deny defendants’ summary judgment motion under CPLR 3212 (f). Although the motion was filed before discovery, this was due to plaintiffs failure to timely submit discovery demands, and plaintiff…
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