1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 96 A.D.3d
  5. 96 A.D.3d 685 (2012)
 

SAMUELS v. CONSOLIDATED EDISON CO. OF N.Y., INC.

8047, 8048, M-924, M-964, 107142/04, 590214/08, 1502.

96 A.D.3d 685 (2012)

946 N.Y.S.2d 864

2012 NY Slip Op 5252

WILLIAM C. SAMUELS, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant/Third-Party Plaintiff-Respondent. ROADWAY CONTRACTING, INC., Third-Party Defendant-Respondent. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second Third-Party Plaintiff, v. ALEX R. FRADKOFF et al., Second Third-Party Defendants, and THEODORE WAGNER PLUMBING AND HEATING CORP., Second Third-Party Defendant-Respondent.

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

June 28, 2012.

The court improperly heard Con Ed's pretrial oral application to dismiss plaintiff's complaint. The motion was in substance a motion for summary judgment and as such was untimely (CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648 [2004]). In addition the motion should have been made on papers.

Motions to dismiss appeal denied and cross motion to deem the appeal timely...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases