| Contreras v MDG Design & Constr. LLC |
| 2022 NY Slip Op 06082 [210 AD3d 407] |
| November 1, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Edwin Contreras et al., Appellants, v MDG Design & Construction, LLC, et al., Respondents. MDG Design & Construction, LLC, et al., Third-Party Plaintiffs-Respondents, v Dependable Windows Co. Inc. et al., Third-Party Defendants. Uptown 6 LLC, Second Third-Party Plaintiff-Respondent, v Dependable Windows Co. Inc. et al., Second Third-Party Defendants. |
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellants.
Brody O'Connor & O'Connor, New York (Joseph T. O'Connor of counsel), for MDG Design & Construction, LLC and another, respondents.
Baxter and Smith, P.C., Hicksville (Patrick H. Thompson of counsel), for Uptown 6 LLC, respondent.
Hickey Smith Dodd LLP, New York (Christopher C. Caiazzo of counsel), for Concord Management of NY LLC, respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 18, 2021, which, to the extent appealed from, denied plaintiffs' motion for partial summary judgment on the issue of liability on their Labor Law §§ 240 (1) and 241 (6) claims, unanimously affirmed, without costs.
The court correctly denied as premature plaintiffs' motion for partial summary judgment, in light of the incomplete state of discovery. There had only been limited exchange of documents, and none of the parties, including plaintiffs, had been deposed. This limited discovery precluded the determination of dispositive issues, including how the accident occurred, whether the collapse of the ceiling was foreseeable, and whether the absence of a safety device was the proximate cause of plaintiffs' injuries (see Somereve v Plaza Constr. Corp., 31 NY3d 936, 937 [2018]). Concur—Renwick, J.P., Kern, Moulton, Mendez, Pitt, JJ.