ESCOBAR v. 271 MULBERRY STREET COMPANY, LLC

2725, 306873/12, 84204/12.

147 A.D.3d 473 (2017)

47 N.Y.S.3d 19

2017 NY Slip Op 01121

PABLO ESCOBAR, Appellant, v. 271 MULBERRY STREET COMPANY, LLC, et al., Defendants, and 285 LAFAYETTE STREET CONDOMINIUM et al., Respondents. (And a Third-Party Action.).

Appellate Division of the Supreme Court of New York, First Department.

Decided February 10, 2017.


Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 17, 2015, which denied plaintiff's motion for partial summary judgment as to liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.

The motion court should have considered plaintiff's untimely motion for partial summary judgment on liability under Labor Law § 240 (1), as the sudden death of plaintiff's counsel's mother constituted good cause for the seven...

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