1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 205 A.D.3d
  5. 205 A.D.3d 447 (2022)
 

WINTERS v. ATLANTIC DEV. CORP.

153548/19. Appeal No. 15861. Case No. 2022-00055.

205 A.D.3d 447 (2022)

165 N.Y.S.3d 693

2022 NY Slip Op 02969

Michael Winters, Appellant, v. Atlantic Development Corp., Respondent, et al., Defendant.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Law Offices of Bruce E. Cohen & Associates, P.C., Melville ( Mirela Blanary of counsel), for appellant.

Montfort, Healy, McGuire & Salley LLP, Garden City ( Magda DeMoya Coyle of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

Plaintiff set forth a reasonable excuse for his failure to timely oppose Atlantic's summary judgment motion, and his deposition testimony established the merit of his Labor Law § 240(1) claim (see CPLR 5015[a][1]; Morales v Marion Ave. Mgt. LLC, 188 A.D.3d 466, 466 [1st Dept 2020]). There is no evidence of an intent to delay or abandon the action (see DePompo-Seff v Genovese Drug Stores, Inc.,

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