Somereve v Plaza Constr. Corp., 31 NY3d at 937 (2018)

2018 NY Slip Op 02288 [31 NY3d 936]
April 3, 2018
Court of Appeals

[*1]

In the Matter of Michael Somereve et al., Respondents,
v
Plaza Construction Corp., Appellant.

Argued February 14, 2018; decided April 3, 2018

Somereve v Plaza Constr. Corp., 136 AD3d 537, reversed.

{**31 NY3d at 937} 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 for another six months, summary judgment was prematurely granted (see Groves v Land’s End Hous. Co., 80 NY2d 978, 980 [1992]).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Order reversed, with costs, plaintiffs’ motion for partial summary judgment of liability on the Labor Law § 240 (1) claim denied, and certified question answered in the negative, in a memorandum.