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SOMEREVE v. PLAZA CONSTRUCTION CORP.

No. 33.

31 N.Y.3d 936 (2018)

95 N.E.3d 567

72 N.Y.S.3d 525

2018 NY Slip Op 02288

MICHAEL SOMEREVE et al., Respondents, v. PLAZA CONSTRUCTION CORP., Appellant.

Court of Appeals of New York.

Decided April 3, 2018.

Attorney(s) appearing for the Case

Rafter & Associates PLLC, New York City ( Howard K. Fishman , of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac , of counsel), for respondents.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiffs' motion for partial summary judgment of liability on the Labor Law § 240 (1) claim denied, and the certified question answered in the negative.

Here, where there is insufficient evidence concerning how the accident occurred, the requested discovery could aid in establishing what happened, and the note of issue was not due to be filed...

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