Perla v. Daytree Custom Builders, 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, etc., the plaintiffs appeal, as limited hy their brief, from so much of an order by the Supreme Court, Suffolk County (Whelan, J.), dated January 8, 2013, as, in effect, denied their motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) and pursuant to CPLR 3126 to strike the defendant’s answer for failure to provide discovery or, in the alternative, its first affirmative defense based on the exclusivity provision of the Workers’ Compensation Law.
Ordered that the order is…
2Cases cited12 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
- Delarosa v. Besser Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Melvin v. 24 Aqueduct Lane CondominiumAppellate Division of the Supreme Court of the State of New York · 2008
- Henry v. Eleventh Avenue, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
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