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DAVID S. v. BLIZZARD COOLING, INC.

5622. 25675/15E.

158 A.D.3d 445 (2018)

67 N.Y.S.3d 824

2018 NY Slip Op 00806

DAVID S. et al., Appellants, v. BLIZZARD COOLING, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided February 6, 2018.

Plaintiffs' motion was properly denied in this action where the 16-year-old infant plaintiff was injured when he allegedly fell from an A-frame ladder while attempting to install a metal duct. The record shows that discovery including depositions has not yet been completed, and there are various unresolved factual issues (see e.g. 1626 2nd Ave LLC v National Specialty Ins. Co., Inc., 148 A.D.3d 529 [1st Dept 2017]; Brooks v Somerset...

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