Legal Opinion
Brooks v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1995PublishedCited by 10 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 21, 1994, which denied plaintiffs’ motion for partial summary judgment on the issue of defendant’s liability pursuant to Labor Law § 240 (1) and § 241 (6), unanimously modified, on the law, to the extent of granting defendant summary judgment, and dismissing the cause of action based on Labor Law § 240 (1), and otherwise affirmed, without costs.
It is well settled that, "a motion for summary judgment, irrespective of by whom it is made, empowers a court, even on appeal, to search the record and award judgment where…
2Cases cited5 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.New York Court of Appeals · 1994
- Grimaldi v. PaganAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by10 opinions
- In re GuttenplanAppellate Division of the Supreme Court of the State of New York · 1995
- Allen v. Hodorowski and DeSantis Building Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Guercio v. Metlife Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- German v. Antonio Development, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Muhammad v. George Hyman ConstructionAppellate Division of the Supreme Court of the State of New York · 1995
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