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OUTSTANDING DISCOVERY CONSTITUTED GOOD CAUSE FOR A LATE (POST-NOTE-OF-ISSUE) MOTION FOR SUMMARY JUDGMENT; PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION IN THIS LADDER-FALL CASE; DEFENDANTS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 200 CAUSE OF ACTION (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined outstanding discovery furnished good cause for plaintiff’s late (post-note-of-issue) motion for summary judgment in this Labor Law 240(1) ladder-fall case. The appellate division then reached the merits and granted plaintiff’s motion for summary judgment on the Labor Law 240(1) cause of action and granted defendant’s cross-motion for summary judgment on the Labor Law 200 cause of action:

… [P]laintiff demonstrated good cause for his delay in moving for summary judgment … . As an initial matter, we note that the court directed the plaintiff, over the plaintiff’s objection, to file a note of issue or face sanctions or dismissal of the action, despite the fact that a significant amount of discovery, including … the depositions of the parties, had yet to occur … . * * *

… [P]laintiff established … entitlement to judgment as a matter of law by demonstrating that his injuries were proximately caused by the defendants’ failures, as the owner and the general contractor at the construction site, to satisfy their nondelegable duty to provide him with a safe and adequate ladder necessary for him to perform his elevation-related work at the site … . * * *

… [D]efendants established … entitlement to judgment as a matter of law dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence by demonstrating that they did not create or have actual or constructive notice of the condition that the plaintiff alleged caused his injuries and that they had no authority to supervise or control the means and methods of the plaintiff’s work at the time of his accident … . Panfilow v 66 E. 83rd St. Owners Corp., 2023 NY Slip Op 03357, Second Dept 6-21-23

Practice Point: Outstanding discovery constitutes good cause for a late (post-note-of-issue) motion for summary judgment.

Practice Point: Plaintiff entitled to summary judgment on the Labor Law 240(1) cause of action in this ladder-fall cause.

Practice Point: Defendants entitled to summary judgment on the Labor Law 200 cause of action–no notice of the condition and no authority to control the means and methods of plaintiff’s work.

 

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