Doo Won Choi v. B.H.N.V. Realty Corp.
Cases that cite this one
5 later published cases cite this decision.
- Nelson v. Ciba-Geigy (Appellate Division of the Supreme Court of New York 2000)
- Garieri v. Broadway Plaza (Appellate Division of the Supreme Court of New York 2000)
- Alava v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Cozza v. Aetna Insurance (Appellate Division of the Supreme Court of New York 1997)
- Collins v. Power Authority (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated November 27, 1996, which granted the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).
Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.
The inconsistent versions of the accident presented by the plaintiff at his examination before trial and in his affidavit raise a question of fact as to his credibility (see, Xirakis v 1115 Fifth Ave. Corp., 226 AD2d 452; Miller v Long Is. Light. Co., 166 AD2d 564; Donohue v Elite Assocs., 159 AD2d 605) which precludes the granting of summary judgment.
The defendant’s contention that it is entitled to summary judgment dismissing the cause of action predicated on Labor Law § 200 is unpreserved for appellate review. Bracken, J. P., Santucci, Goldstein and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.