DESIMONE v. CITY OF NEW YORK

12315, 22656/05, 85888/07.

121 A.D.3d 420 (2014)

993 N.Y.S.2d 551

2014 NY Slip Op 06667

PAUL DESIMONE, Appellant-Respondent, et al., Plaintiff, v. CITY OF NEW YORK et al., Respondents, and HUGH O'KANE ELECTRIC CO. LLC, Respondent-Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided October 2, 2014.


The court dismissed the complaint as against the City in view of plaintiff's lack of opposition to its motion for summary judgment, and plaintiff does not present any basis to reverse this determination.

The court providently exercised its discretion in denying plaintiff's cross motion to submit a disclosure of his expert professional engineer, since it was first submitted in opposition to defendants' motions for summary judgment dismissing the complaint, and subsequent...

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