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GROVES v. LAND'S END HOUS. CO., INC.

80 N.Y.2d 978 (1992)

Keith Groves et al., Appellants, v. Land's End Housing Co., Inc., Defendant, and Two Bridges Settlement Housing Corporation et al., Respondents and Third-Party Plaintiffs, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Kelner & Kelner, New York City (Robert B. Marcus, Joseph Kelner and Gail S. Kelner of counsel), for appellants.

Seligson, Rothman & Rothman, New York City (Martin S. Rothman, Alice Spitz, Alyne I. Diamond, Jeffrey Rothman and Stewart Rothman of counsel), and Molod & Berkowitz, P. C, New York City, for Two Bridges Settlement Housing Corporation and another, respondents.

Rivkin, Radler & Kremer, Uniondale (John M. Denby and Evan H. Krinick of counsel), and Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City, for Sherilu Construction, Inc., respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this Labor Law § 240 (1) action against a site owner and general contractor, the Appellate Division denied as premature plaintiffs' motion for partial summary judgment as to liability, on the ground that there was "outstanding discovery sought by defendants, the opportunity...

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