Legal Opinion
Gaffney v. BFP 300 Madison II, LLC
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2005PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Debra A. James, J.), entered January 13, 2005, which granted plaintiffs’ motion for summary judgment on the issue of liability under Labor Law § 240, unanimously affirmed, without costs.
The court providently exercised discretion in considering the summary judgment motion, notwithstanding its untimeliness. Plaintiffs demonstrated “good cause” by explaining that the delay was due, in part, to defendant Turner’s failure to produce a witness for deposition in a timely fashion prior to the filing of note of issue, and by the delay in obtaining a transcript of…
2Cases cited5 opinions
- Hagins v. StateNew York Court of Appeals · 1993
- Aragon v. 233 West 21st Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Kunz v. GleesonAppellate Division of the Supreme Court of the State of New York · 2004
- Emmi v. EmmiAppellate Division of the Supreme Court of the State of New York · 1992
- Rose v. Mount Ebo Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by4 opinions
- Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Pietrowski v. Are-East River Science Park, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Matys v. ZuccalaAppellate Division of the Supreme Court of the State of New York · 2008
- Beni v. Green 485 TIC LLCAppellate Division of the Supreme Court of the State of New York · 2016